Do I have to assume liability as the owner of the internet connection?
The recipient of the cease-and-desist letter is rarely the actual file sharer. With the help of the IP address and the time it is possible to identify the internet connection, but not the actual person using the PC and the internet. The file sharer and the owner of the connection are often not the same person. It is for this reason that our clients frequently ask the question: “Am I liable even though I have done nothing wrong?”
This varies from case to case. If the owner of the connection only provides access to the internet connection to third parties (e.g. family members), he/she might have to assume liability based on interference liability (Störerhaftung). Accordingly, anyone who fails to put in place reasonable security measures shall assume liability. There is an ongoing heated debate about what is “reasonable” and what is not. So far no uniform and therefore legal jurisdiction on this point exists.
Important: interferers (Störer) are not liable for damages. All they might be liable for are the legal fees arising from the cease-and-desist letter.
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