The law firm Frommer Legal, known for warnings, is currently warning of alleged copyright infringements on the film “Operation: 12 Strong“.
Operation: 12 Strong (Original title 12 Strong) is a historical war drama that was released in US cinemas in January 2018 and in German cinemas in March 2018.
The film Operation: 12 Strong starts after the terrorist attacks on September 11, 2001. Some soldiers are sent to Afghanistan. Four teams have been selected, including the special unit of Mitch Nelson, a US Army captain who was previously inexperienced in the war but was highly respected by his men. Your mission is to take Mazar-e Sharif together with one of the Northern Alliance’s Afghan forces. There they are supposed to defeat the Taliban and Al-Qaeda. The Americans have to adapt to the tactics of their allies, ie fight on horses against tanks and vehicles in foreign territory in which there are more than 50,000 Taliban supporters.
What is required of you?
In the warning letter, the addressee is accused of having made the film available for download. The alleged opponent of the claim is always the connection owner, as there is a presumption against him that he actually committed the infringement.
The addressee of the warning is then requested to submit a declaration of cease and desist with penalties within a reasonable period of time. In the interest of an extrajudicial clarification, a license damage is also asserted as well as extrajudicial legal fees.
For offering the film „Operation: 12 Strong“ Frommer Legal therefore requires the submission of a cease and desist and payment of 938,50 EUR per Movie.
How should you react?
Even if you are not responsible for the violation of the law, a (modified) declaration of cease and desist should be submitted. Because only a serious, criminal cease and desist declaration eliminates the risk of repetition of the alleged violation of the law – and in this way protects the opposing party against legal action, i.e. you.
If the risk of repetition has been eliminated by submitting a (modified) cease and desist declaration, only the above-mentioned payment claims remain in place.
How can you specifically refer to “Operation: 12 Strong” – Respond to a warning?
- Don’t let the short deadlines confuse you. These are often only used to intimidate you.
- Stay calm and react calmly. A reaction to the warning should definitely take place. Otherwise, you risk the initiation of legal proceedings that will trigger costs.
- Check whether someone from the household or circle of friends can be considered for the violation of the law if you are eliminated as the perpetrator.
- Do not sign anything unchecked and consult a lawyer.
- Payments should not be made without a professional examination of the factual and legal situation. Each individual case must be checked separately. It is therefore essential to seek legal advice.
- Do not explain your point of view to the law firm that issued the warning. You risk giving the other side information that can be used against you.
We are happy to help. Visit us on our law firm website.
you Attorney Kai Jüdemann
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