File-sharing conviction of a pensioner without a computer?

The Local Court (AG) Munich had to decide whether a pensioner could be ordered to pay damages for offering a film work on the internet via a file-sharing network, despite the fact that she did not own a computer at all and therefore could not have committed the copyright infringement herself.

A single pensioner was sent a cease-and-desist letter by a law firm for infringement of copyrights by offering a film work on the internet file-sharing platform eDonkey2000. Although the pensioner did not even own a computer, she issued an undertaking to refrain from such activity without prejudice to the factual and legal position. However, she refused to pay the damages claimed by the law firm, which consisted of legal fees and a licence fee for the film. The firm then sued for these amounts before the Local Court (AG) Munich.

Court decision

The Local Court (AG) Munich decided by Judgment of 23.11.2011 – Az. 142 C 2564/11 that the pensioner was liable as a so-called 'Störerin' (party responsible for a disturbance) for the copyright infringement committed.

A judgment for damages on account of the distribution of copyrighted works through file-sharing can also be made against the holder of an internet connection who demonstrably does not own a computer. In the present case, according to the court's opinion, there was no reason to doubt the determination of the correct IP address and the associated connection. The pensioner had enabled the copyright infringement on the internet merely by making her internet connection available.

The licence fee claimed in addition to the costs of the file-sharing cease-and-desist letter was not awarded to the copyright holders, since it could not be proven that the pensioner herself had committed the copyright infringement.

Conclusion

The Local Court (AG) Munich once again allowed the mere assignment of an IP address to a connection holder to be sufficient grounds for a judgment ordering payment of cease-and-desist letter costs. Since errors repeatedly occur in the assignment of predominantly dynamically allocated IP addresses, this decision is difficult to understand in the present case. The payment of a licence fee for the film work which the pensioner herself had not offered was rightfully spared her.