Re:IP address errors lead to wrongful arrests
by lima on Tuesday January 02, 2018 @06:42PM
(#16057001)
Obviously, you can open a torrent client just fine in Germany.
However, there's bunch of companies monitoring popular torrent trackers and since it's all peer-to-peer, they can easily figure out your IP address as soon as you start downloading a torrent they're monitoring (they usually work for a particular distribution company and have a list of files they're interested in). Popcorn Time and similar apps are a common and obvious target.
Once they know your IP address, ISPs are required to disclose your personal data (§ 101 UrhG) and they'll send you a nice letter requesting a payment (Abmahnung). If you do not pay, they might sue you (but probably won't).
If they do sue you, it's on them to prove that it was indeed you who used the IP address at the time, which is - in most cases - an impossible feat.
So, yes, you're highly likely to get in trouble if you torrent in Germany, but you'd probably win of you fight it.
However, there's bunch of companies monitoring popular torrent trackers and since it's all peer-to-peer, they can easily figure out your IP address as soon as you start downloading a torrent they're monitoring (they usually work for a particular distribution company and have a list of files they're interested in). Popcorn Time and similar apps are a common and obvious target.
Once they know your IP address, ISPs are required to disclose your personal data (§ 101 UrhG) and they'll send you a nice letter requesting a payment (Abmahnung). If you do not pay, they might sue you (but probably won't).
If they do sue you, it's on them to prove that it was indeed you who used the IP address at the time, which is - in most cases - an impossible feat.
So, yes, you're highly likely to get in trouble if you torrent in Germany, but you'd probably win of you fight it.