Daniel Sebastian warning letter?

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.

 

Injunction

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.

Settlement offer

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.

 

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.