Have you received a Daniel Sebastian warning letter?
Have you received a warning letter from the attorney Daniel Sebastian?
Do you have to sign a cease and desist and pay for a song 600,00 EUR or for an album several thousand euros? We can help you and assist you with your warning letter from Daniel Sebastian.
Nothing is as bad as it looks. We have extensive experience with warning letters from Daniel Sebastian. We are here to help!
Don't sign anything unchecked! Don't call Daniel Sebastian.
Don't sign anything that you may not need to sign. Don't give away valuable information!
Royalties? Don't pay the required amount!
The payment entitlements don't exist in every case - but at least they can be reduced.
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We answer all your questions about a claim of Daniel Sebastian in a phone call - that takes away your first nervousness.
Defend yourself – We help you!
You may have been scared of the first reading of the warning letter from Daniel Sebastian and your initial situation as rather bad. Granted, a warning can give you the impression that you have no chance, but we can help you.
For many years, we have been advising and representing clients who have received warning letters from Daniel Sebastian about filesharing. Our detailed knowledge and experience from several thousand cases are always a great help, from which ultimately you can benefit. We fight with you at your side and have not only your legal but also your economic interests in view.
What to do with a Daniel Sebastian warning letter?
After gradually overcoming your initial "shock", get active! The warning letter from Daniel Sebastian is, like any letter of this kind, provided with deadlines, which are to be taken seriously. Lawyer Daniel Sebastian usually states in his writings that if the deadlines set, the rightholders assign him the right to enforce their claims in court. Never ignore a warning from attorney Daniel Sebastian, because he is very persistent. We have already successfully processed thousands of file-sharing warnings letters and know what is important. In the following article we would like to give you the most important tips for the correct handling of a warning letter. You are welcome to contact us at any time for questions and further tips. Just use our offer of guaranteed free initial consultation and get valuable tips. We're here to help.
Who is lawyer Daniel Sebastian?
Daniel Sebastian is a lawyer from Berlin, one of the most active actors in the field of file sharing warnings. The Berlin law firm with focus on copyright issues leave daily warnings, so that many clients have contacted us with a Daniel Sebastian warning, which we have represented solution-oriented and successful. Lawyer Daniel Sebastian mainly represents the DigiRights Administration GmbH for which he warns against the unauthorized use of music via file sharing.
Is the letter from lawyer Daniel Sebastian about rip-off, fake or fraud?
In brief: Unfortunately NO! A warning letter from lawyer Daniel Sebastian must therefore be taken seriously. Attorney Daniel Sebastian is one of the largest law firms in Germany in terms of filesharing and warning letters.
Attention: Please note, however, that a warning from Daniel Sebastian will always be sent by post. It has already come to that fake warnings were made by fraudsters and mass-shipped. If you have received the warning by post, you can be convinced of the authenticity.
Which claims does a warning letter from Daniel Sebastian contain?
Since Daniel Sebastian sent warnings in bulk and mainly on behalf of DigiRights Administration GmbH, these are very standardized. So we can also give you an overview of the claims which Daniel Sebastian regularly makes against the recipients.
First of all, you will be informed that the right holder is entitled to a waiver of further infringements. As a result, you will be prompted to immediately discontinue the distribution of copyrighted works by offering to download. Furthermore, you will then be given a brief deadline for submission of the declaration of discontinuance, which is enclosed with the warning letter by Daniel Sebastian. It then goes on to state that an interim injunction will be brought against you, unless the statement is received by the deadline set.
Compensation of the resulting damage
In the warning of Daniel Sebastian against you also a claim for replacement of the resulting damage is mentioned. As you write, you will always be told the amount of damage, which is often very high.
Furthermore, you will then receive a settlement offer in the warning to settle the matter out of court and by mutual agreement. Accordingly, you are still required to submit a declaration of discontinuance and payment of a high total amount.
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Do I have to meet the claims of a Daniel Sebastian warning letter?
We advise you to act. Ignoring is the wrong strategy because you have to take seriously the deadlines set by attorney Daniel Sebastian. Nevertheless, stay calm and prudent. We can help you!
Maybe you do not have to fulfill the claims from a warning letter from Daniel Sebastian. Therefore, it is always wise not to sign anything that has not been previously verified by an experienced lawyer.
Also, do not contact Lawyer Daniel Sebastian by trying to call him. There is a risk that valuable information will be elicited that will make your defense more difficult.
If there are any questions regarding the warning letter from Daniel Sebastian left on your site: Do not hesitate to contact us! We offer a free initial consultation and clarify in a non-binding and personal conversation all-encompassing. The conversation will be able to relieve your nervousness, so you will not be under any unnecessary stress due to the Daniel Sebastian warning letter.
Do I have to submit a (modified) omission statement?
The submission of a (modified) declaration of omission makes no sense to you, if you do not have to hand in any omission! If you are not responsible for the alleged copyright infringement, you also do not owe the submission of a cease and desist letter. In certain cases, we always advise against submitting a declaration of omission.
Caution: Clients often tell us that law firms, for example, from Cologne or Berlin (of course, not us) for more action against a warning from Daniel Sebastian demand more than stately package prices. We have heard of fees of up to 600.00 EUR. Despite this, from our point of view, in no relation to the case standing fees, the persons affected receive however for this no professional argument with the concrete case. Rather, only a standardized letter including "modified" declaration of omission is sent to lawyer Daniel Sebastian. However, this does not constitute a professional and in your interest proceeding against the warning.
When is a legal defense against a warning from Daniel Sebastian successful?
Legal defense makes sense if you have not posted any copyrighted files on a swap meet, but can not rule out that your children, your partner, your roommate or any other third party is responsible for the infringement. In these so-called third-party cases, the courts are increasingly deciding in favor of the connecting owners. But even if you yourself are responsible for the copyright infringement, a defense against a warning from Daniel Sebastian may be useful. In particular, the required compensation often seems exaggerated. After all, a warning can also fail due to formal mistakes.
Warning letter from Daniel Sebastian to ignore?
No, do not! Get active! Based on our experience, you will find out for yourself that the strategy of simply ignoring a warning from Daniel Sebastian does not help. If you do not respond to a warning letter, there are usually only further written requests to fulfill the claim from the warning. But at the latest a few months before expiry of the limitation period, the claims of DigiRights Administration GmbH are often asserted in court. As a rule, it will be more expensive as a result.
In addition, for the success of your legal defense, it is important that you document the facts and record how it came to the warning letter. It is often very difficult to reconstruct these things years later in a judicial process. If you can not do that, you risk a costly process loss.
Just sign and pay nothing or 100,00 EUR?
It is not sufficient to sign only a ready-made omission statement or a modified omission explanation and pay nothing or 100,00 EUR. Although this strategy is also recommended by lawyers, from our extensive experience, we can tell you that this method has no chance of success. We know that lawyer Daniel Sebastian DigiRights Administration GmbH will not recommend to be satisfied with this amount, but sue the difference to the claim. You may not have to pay anything. Therefore, take advantage of our free initial estimate to get more information here.
Just call lawyer Daniel Sebastian?
We can only advise against this. Please do not disclose any information that makes your legal defense unnecessarily difficult. Even if you are responsible for the infringement, in our view it still seems highly questionable whether the damages which are claimed really are appropriate. In addition, there is also the possibility that the connection owner data was determined incorrectly or in violation of valid data protection regulations. After all, a warning can also fail due to formal mistakes. Take our free initial consultation to complete.
What should you pay attention to in a warning from Daniel Sebastian?
The right strategy! This includes keeping the deadlines set by lawyer Daniel Sebastian in the warning letter. Do not let them pass away negligently, as the law firm Daniel Sebastian is one of those who enforces the demands of his clients in court. If you are neither a culprit nor a disturber, we regularly advise you not to meet any of the demands raised by Daniel Sebastian. In these cases we do not issue a modified declaration of omission. Instead, we present ourselves as a defense for you and explain this in the context of the so-called secondary burden of explanation, why you are liable in this case neither as perpetrator nor as a disturber, but that third parties are considered as perpetrators why you do not have to stand up for their actions.
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Reminder, action or injunction from Daniel Sebastian?
Again, we advise you to set deadlines. Already in the warning of Daniel Sebastian you are threatened that claims are enforced in court in the context of an interim injunction, if you let time elapse. If you have received a warning, complaint or injunction on a warning, this may mean that you have paid only little attention to the warning. But now you have to be active, otherwise it will only be more expensive. Please also observe the deadlines set by the court. In particular, the so-called emergency periods are not renewable. If these are missed, a judicial decision is issued, which in any case triggers costs. The chances of success to reduce the amounts in the legal action are usually not bad. The recent case law tends in any case to reduce the lush amounts of damages.
The goal of SOS ABMAHNUNG
Every case is meticulously edited! We take time for our clients, so that the individual processing of each case is a matter of course. We always have your satisfaction in mind. With SOS ABMAHNUNG, in particular, you have the expertise of a specialist lawyer in copyright and media law and that of a motivated team. Our clients appreciate our extensive experience and solution-oriented approaches to Daniel Sebastian warning letters from which you can benefit as well. We will also be happy to assist you with all our knowledge. Our stated goal is that you will have to pay absolutely no or lower legal fees and damages.
Free initial assessment of a Daniel Sebastian warning letter
If you too have received a Daniel Sebastian warning letter you should seek legal advice. You are very welcome to contact us. Call us or send us Daniel Sebastian warning letter by email, fax or using our contact form. You will get a guarantee from our lawyers for a free and initial non-binding estimate to the question of whether the notice is actually justified. If you cannot afford a lawyer for economic reasons, we will gladly assist you with a legal aid application. If the conditions for advisory assistance are met, the court will cover the costs of the lawyer except for an own contribution in the amount of EURO 15.00 incl. VAT. Also on this subject you can consult us in the context of the free initial consultation.
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