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.
You are not allowed to upload any movies, but you face a penalty. Any license agreement you have not accepted implies that the distribution of this content is prohibited because copyright and other rights are violated. This is irrelevant if you just download the movies or watch online, for example, in video services. Even if you get caught, you do not face any consequences. And because it makes no sense, no one will catch you either. But torrent networks are based on the principle of simultaneous distribution: As you download a file from the network, you become the provider of that file. 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 network traffic is causing millions of users to spend an evening. What your provider sees at most is the type of network traffic and he might guess that it's like a torrent. He's also just doing that to limit the speed as it stands in your contract. A detailed analysis, such as For example, the content of network traffic, movie titles, whether the material is legal, the Internet provider does not, because it is much more difficult and expensive. In addition, most torrent traffic, (саn. 70-80%) is encrypted. To see the content of an encrypted network traffic, you need not only very expensive technology, but also whole supercluster!
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 that day you downloaded this movie. Here are the proofs: screenshots with your IP address - which God knows how they got into their hands, but the court will believe them - so please pay 1000 Euro penalty. If you ignore the first warning, the second time 20% discount is given. In the third warning there is a surcharge - "Who does not want to hear, must feel, after all we have costs". Only after the 4.- 5. Warning, the case may come to court.
This blackmail can take one to two years. In the end, however, comes a solid amount of legal costs, which you have to pay in addition to the penalty. These penalties are not set by law, there are no standards. This is simply a business model of private companies. The amounts come about depending on the appetite of the studios (about 100-300 Euro / Film) and the lawyers (600-900 Euro / Film). Is not personal. It's all about business. That is, you can negotiate the price (by measure and number)
BUT: If you answer and also say indirectly, yes, there was such an incident, how could I reduce the amount - this is self-report and there is no way back.
How to protect yourself
It is better to turn to lawyers who specialize in disputes with such anti-piracy lawyers. Your lawyer could decide the situation in your favor. He will use spongy phrasing in his writing, such as "With this letter, my client does not acknowledge his guilt, but could you specify how to reduce the amount of the claim." The lawyer will charge you approximately 300-500 Euro per film or case costs.
do not get caught
But there are ways to minimize these risks. Restrict what is uploaded: Set the total upload speed to zero and ratio of distribution to 0.00001. Close the torrent networks immediately after completion and limit anything that can be limited. Use those torrent networks that are not of interest to the German Abmahnanwälte, eg. Eg the Russian torrent networks.
Another possibility is VPNTo use services, On VPNService allows you to anonymize your online activity. Depending on the provider, it costs about 2-8 Euro per month. This allows you to choose your location outside Germany and no stress torrents download.