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Court: Silence does not protect parents from liability

It's a family with three children - one had illegally offered music for Download. The parents do not want to say which. The Supreme court ruled: you need to stick anyway.

The special protection of the family in the basic law does not protect parents from being themselves prosecuted, if you cover your adult children in the case of copyright infringements on the Internet.

The Federal constitutional court has backed the decision of the Federal court.

In the specific case of the music group had sued Universal parents for damages and Abmahnkosten in the amount of almost 4000 Euro. One of their children had been offered through your Internet connection are a Album of the singer Rihanna is illegal for you to Download. During the trial, the parents said they knew which of your three children would have been responsible. They refused, however, to call the child's name.

two years Ago, the Federal court ruled that The parents must give the name of price. If you do not, you have to pay for damages and lawyers fees.

the fundamental right to protection of the family

The parents of the Constitution, lodged a complaint. Justification: The obligation to mention the name of your child, in breach of their fundamental right to protection of the family.

, The Federal constitutional court took the complaint to the decision, and thus confirmed the judgment of the BGH: Although parents are not obliged to reveal criminal behavior of their children. From the basic law, the property rights of the music group to be protected but. Therefore, it is justified to take the parents as the owner of liability if you do not want to burden their children.

Ref.: I BvR 2556/17

constitutional Court: liability of parents for illegal file sharing
Klaus Hempel, SWR
03.04.2019 11:40 PM

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