A file sharing warning letter alleges that you made a film, series, music track or computer game publicly available through a peer-to-peer network. It demands that you cease and desist, pay damages and reimburse legal fees, usually between 900 and 3,800 euros. We check whether the allegation holds and defend against what is unfounded.
What is targeted is not the download but the simultaneous sharing within a BitTorrent swarm, section 19a of the German Copyright Act. Anyone downloading a file through such a network necessarily distributes it at the same time. That is the hook for these letters.
Who is sending warning letters in 2026
- Frommer Legal (formerly Waldorf Frommer), Munich, for Warner Bros., LEONINE, Studiocanal, Constantin, Paramount and Sony Music. Current films and series. Regularly around 950 to 1,000 euros.
- RKA Rechtsanwälte, Hamburg, for PLAION GmbH. Computer games. Around 2,200 euros, alongside numerous claims arising from older cases.
- NIMROD Rechtsanwälte, Berlin, for Daedalic, Kalypso Media and Aerosoft. Computer games. Initial demands between 2,881.40 and 3,761.50 euros, settlement offers from 850 euros.
- IPPC Law, Berlin, for Strike 3 Holdings and Aylo. Adult films. 1,324.72 euros for a single film.
You must shake the presumption, not disprove it
Once your connection has been identified, a factual presumption initially speaks against you as the account holder. You do not have to disprove it. It is enough to shake it by setting out whether and which other people had independent access to your connection and could be considered as the infringer. This is the so-called secondary burden of presentation.
You do not have to name the infringer. The German Federal Court of Justice has held that an account holder is not obliged to incriminate family members. This is precisely where those affected make most mistakes: they explain too much, too early, without knowing what can be used against them.
Two recent decisions show the range. On 13 May 2026 the Nuremberg Local Court awarded 999.50 euros in damages because the defendant had confined himself to a blanket denial (case no. 31 C 13/26). On 29 April 2026 the Leipzig Local Court dismissed a claim: the connection was shared by four people in a flat share and the evidence rested on a single recording lasting eight seconds. That decision is not final; an appeal is pending.
Two limitation periods, and the longer one surprises people
- Injunctive relief and legal fees: three years.
- Licence damages: up to ten years, under section 102 sentence 2 of the Copyright Act together with section 852 of the Civil Code (residual damages).
Debt collection agencies are using precisely this longer period in 2026 for cases dating from 2019. Anyone receiving a payment demand about a six-year-old matter easily dismisses it as dubious and does not respond. That is risky: the claim for licence damages may still exist even though the legal fees and the injunction claim are long time-barred. The demand is then not unfounded, but it is open to challenge as to amount.
What you should not do now
- Do not sign the enclosed cease-and-desist declaration. It is regularly drafted too broadly and binds you for life, with a contractual penalty for every breach. A modified declaration achieves the same purpose without those drawbacks.
- Do not pay prematurely. Payment does not automatically settle the allegation and may operate as an acknowledgement.
- Do not state who else had access without advice. Whatever you disclose becomes part of the file.
- Do not ignore the deadline. Even with unfounded claims, an interim injunction or court action may follow, and costs rise considerably.
How we proceed
- Review. We examine who is writing, whether the chain of rights holds, how the evidence was gathered and whether the link between IP address and connection is sound.
- Presentation. We prepare your secondary burden of presentation so that it holds without disclosing more than necessary.
- Declaration. Where a cease-and-desist declaration makes sense, we draft it in modified and narrow terms.
- Response. We reject what is unfounded and negotiate the remainder. In older matters we examine limitation first.
You end up paying only what is actually owed, if anything. Get in touch or have your letter reviewed free of charge through our assessment form.
Frequently asked questions
Do I have to sign the enclosed cease-and-desist declaration?
Not in the form provided. The enclosed declaration is regularly drafted too broadly and binds you permanently with a contractual penalty. A modified declaration can remove the risk of repetition without acknowledging more than necessary.
Do I have to say who else used the connection?
You must set out whether and which other people had independent access. Under the case law of the Federal Court of Justice you do not have to name the infringer, in particular not within your family. What you do state should nevertheless be reviewed beforehand.
I received a payment demand about a case from 2019. Is it time-barred?
Only in part. Injunctive relief and legal fees are time-barred after three years. Licence damages may be claimed for up to ten years under section 102 sentence 2 of the Copyright Act and section 852 of the Civil Code. Collection agencies are currently using this for older cases.
Does a VPN protect me?
Not retrospectively. What is recorded is the IP address visible externally at the time of the infringement. Once your connection has been identified, a VPN used later changes nothing.
Several people use my connection. Am I still liable?
Not necessarily. If you can show that other people had independent access and could be considered as the infringer, the presumption against you is shaken. The Leipzig Local Court dismissed a claim on this basis in April 2026.
What does it cost me if I do not respond?
Considerably more. A payment order or court action usually follows. Court fees and the costs of both lawyers are then added to the original demand.
The settlement offer is lower than the demand. Should I accept?
Only after a review. A settlement offer is a negotiating step, not a concession. Whether it is favourable depends on how sound the allegation is in the first place.
How quickly do I have to act?
The deadlines set are usually short, often ten to fourteen days. They are not set in stone but should not simply be allowed to pass. Contact us as soon as the letter arrives so there is time for a considered response.