murphaph

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About murphaph

  • Birthday 11/11/1978

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  • Location Brandenburg
  • Nationality Irish
  • Hometown Dublin
  • Gender Male
  • Year of birth
  1. Accused of torrenting copyrighted material

    This argument works for public connections like coffee shops but a landlord can IMO be expected to name the tenant(s) and at the end of the day it will have been one of the tenants or their visitors. They can then point the finger at each other. If the LL flat out refused to name the tenants I believe the courts would say he had not fulfilled his sekundäre Darlegungslast.    The law works like this: The plaintiff is deemed to have proved the connection owner liable unless the connection owner can name others who could have done it (sekundäre Darlegungslast). Once the connection owner names some people then the burden of proof returns (but now @ 100%) to the plaintiff and it is a practical impossibility for the plaintiff to identify with certainty which of the people with access actually did the filesharing so the case is dismissed.
  2. Accused of torrenting copyrighted material

    The BGH has previously accepted that simply naming other people who had access is enough to fulfill your obligation of "sekundäre Darlegungslast". The other party can deny that they did it and WF etc. have reached a dead end. You are not obliged to do more than name the other people who had access.   https://aspvr.de/filesharing-bgh-entlastet-anschlussinhaber/   If you are the sole user of the connection you still have a problem. I'm sure some people however have persuaded a couple of friends to claim they also had access but didn't file share. It's not uncommon to allow visitors access to your WiFi so this argument would probably stand up too. But IANAL.
  3. Accused of torrenting copyrighted material

    Just to clarify a couple of things as I looked into this carefully for obvious reasons.   The address of the connection owner is not simply passed on by the ISP upon request. WF need a court order for this. However, it is fairly trivial to get it. The ISP only provides the connection owner's address on foot of this court order however. You should get a copy of this stuff in the initial letter from WF.   The connection owner is not automatically responsible any more as long as someone else had access. This has been tested at the BGH already.    If you have a WG or a family you can simply name the other people and say one of them must have done it. WF will try to bullshit you into believing that you as the connection owner are required to find out who it was but that's not true. Once you name anyone who had access you can disengage (that's what I did) and then give WF 2 weeks to confirm that they are dropping the matter or you will take them to court.   They took my deadline seriously and indeed requested an extension!
  4. Accused of torrenting copyrighted material

    You do have to name the other person or people that could plausibly have done the deed. You can't just say a person unknown must have done it. But one person is enough and that person can point the finger back at you and that's a legal dead end for WF. In my case I spoke with my tenant first and he admitted it but I never told WF that. My tenant was never pursued by them AFAIK. I believe these things are as good as unenforceable unless the person lives alone. I'd say you could just make the other party up and they'd have to accept that to be honest. You just have to stand your ground.
  5. Accused of torrenting copyrighted material

    I rent a flat out with internet provided. My tenant allegedly torrented copyright material for a few minutes. WF sent me the threatening letters but I explained that I considered myself neither a Täter nor a Störer according to the law and after a bit of to and fro they confirmed in writing that they did not consider me liable. I threatened them with court if they did not confirm it within 2 weeks. The same argument works for a WG or family situation. As long as someone else could have plausibly committed the act you are able to get out of it. 
  6. Good to see Birx and Fauci wearing masks. 
  7. President Donald J. Trump

    He's such a pathetic worm but I would not write off his chances. His core base is immune to his stupidity, if not Covid 19.
  8. Brexit: The fallout

    The Japanese are turning the thumbscrews on the UK. They have given London 6 weeks to sign a trade deal. Japan is seriously annoyed with the UK having based many of its European HQ's there.
  9. President Donald J. Trump

    Trump appointee sacks editors.   https://www.bbc.com/news/world-us-canada-53111704
  10. Coronavirus

    This is how it's gonna be until there's a vaccine. Rolling outbreaks and (hopefully) localised quarantines. The initial lockdown bought time to ramp up hospital capacity but we will have to get used to this new normal for a while.
  11. Brexit: The fallout

    All that control being taken back...   https://mobile.twitter.com/Otto_English/status/1273563700348301314   (Summary: Government's own analysis says FTA with NZ will do nothing for the economy).   The little flags thing really hits home what the UK has walked away from!
  12. How to access BBC iPlayer from Germany

    That's a shame. 
  13. Capital Gains Tax on the sale of German Homes

    Revenue are entitled to CGT at the eye-watering Irish rates I'm afraid Fr. Ted, assuming you're tax resident in Ireland. As you won't be liable to pay any CGT in Germany (thanks to the 10 year rule) you won't get any relief for CGT paid so you'll get hit at whatever rate applies to you.   You should note however that if the property was in fact your PPR for any time, no CGT would be due for those periods of owner occupation, on a pro-rata basis. If it was always a buy to let and never your PPR there is no relief.
  14. How to access BBC iPlayer from Germany

    Are you sure it's Getflix? I mean it could well be but I've also read an awful lot of bad reviews of the iPlayer app from UK based users! Buffering, errors etc.    If you're sure it's Getflix then open a support ticket. They fixed the problem they had with Zattoo a couple of weeks ago.   I rarely use iPlayer as Zattoo has 7 day catch-up of all its channels built in.
  15. Zattoo under getflix down?

    Lol. It's fixed 😊