Torrent: Download works, but not upload
Downloading movies for personal use is allowed. Of course it is illegal and immoral, but you will not be punished.
However, you are not allowed to upload films, you face a penalty. Any license agreement that you did not accept states that distribution of this content is prohibited because it violates copyrights and other rights. This is irrelevant if you are just downloading the films or watching them online, for example with video services. Even if you get caught, you face no consequences. And because it doesn't make sense, no one will catch you. But torrent networks are based on the principle of simultaneous distribution: while you are downloading a file from the network, you become the provider of that file yourself. And you are punished for the illegal distribution of the material, which is subject to copyright.
Your provider is not watching you
Your provider is not watching you - it makes no sense and is quite difficult. Imagine what kind of network traffic millions of users cause in one evening. What your provider can see at the most is the type of network traffic and they could possibly guess that it is similar to a torrent. He's only doing this to limit the speed as stated in your contract. A detailed analysis, such as B. the content of the network traffic, film title, whether the material is legal, the Internet provider does not, because it is much more difficult and expensive. In addition, most torrent traffic (са. 70-80%) is encrypted. To see the content of an encrypted network traffic, you not only need very expensive technology, but also entire superclusters!
You get caught by the so-called Abmahnkanzleien, which specialize in the subject of piracy. The Abmahnanwälte are little interested in copyrights, they are more concerned about intimidating the torrent users and their money to pull out of their pockets. Because the lawyers usually get more than half of the profits received from penalties. It is a very profitable business model.
These law firms, either themselves or with the help of their partners who have their offices outside of Germany, are watching all the movies in torrent networks that are particularly popular or recently released. You download these torrents yourself (!) And note down the IP addresses of the providers.
The IP addresses of the German providers pass them on to the law firms, who then open the case. Non-German IP addresses are ignored as this complicates the legal process: other countries, other laws.
The Abmahnanwälte ask the providers to tell them the IP addresses. The reason: The aforementioned users have violated the law, the pirated copies put on the net. It is said that the legality of such applications is very controversial. But the internet providers are giving out this data.
Then these law firms start blackmailing you: Dear Mr. X, Dear Ms. Y, on the day mentioned you downloaded this movie. Here's the evidence: Screenshots with your IP address - God knows how it got into your hands, but the court will believe them - so please pay a $ 1000 fine. If you ignore the first warning, there is a 20% discount the second time. With the third warning there is a surcharge - “If you don't want to hear, you have to feel, after all, we have costs”. The case can only be brought to court after the 4th to 5th warning.
This blackmail can take a year or two. In the end, however, there is a solid amount of legal costs that you have to pay in addition to the fine. These penalties are not specified in the law, there are no standards. It's just a private company business model. The amounts depend on the appetite of the studios (approx. 100-300 euros / film) and the lawyers (600-900 euros / film). Is nothing personal. It's all about business. That means you can negotiate the price (according to measure and number)
BUT: If you answer and also say indirectly, yes, there was an incident, how could I reduce the amount - this is self-declaration and there is no going back.
How to protect yourself
It is better to turn to legal professionals who specialize in disputes with such anti-piracy lawyers. Your lawyer could decide the situation in your favor. In his letters, he will use vague formulations such as "With this letter my client does not acknowledge his guilt, but could you specify how the amount of the claim could be reduced." The lawyer will cost you around 300-500 euros per film or case.
do not get caught
But there are ways to minimize these risks. Restrict everything that is uploaded: set the total upload speed to zero and the ratio of the distribution to 0.00001. Immediately after completion, close the torrent networks and limit everything that can be limited. Use those torrent networks that are not of interest to the German warning lawyers, e.g. B. the Russian torrent networks.
Another possibility is VPN-Services to use, On VPN-Service allows you to anonymize your online activities. Depending on the provider, it costs around 2-8 euros a month. So you can choose your location outside of Germany and torrent without stress download.