Robert Fechner how he operates?
WARNING DO Note: this is not near legal advice but our personal (as common individuals advice) do seek legal help immediately and do not contact Fechner Legal. Also in no way sign the cease and desist letter, talk to a lawyer before reacting on any thing!. We recommend using German based solicitor in Berlin (Müller Legal).Which are the ones we have used in connection with our own case
Here is how we think Fechner Legal operates (all though we can not know, our prove it)
How does Robert Fechner from www.fechner.legal Fechner Legal operate? This is the way (We think it may be so, but can not prove it) we from our experience think he operates, in an distasteful way than one would think was not possible for a legal lawyer. It’s a very questionable business practice that reflects poorly on the whole legal profession. I wonder what other lawfirms in Germany think of this kind of moral from one of there colleague?
The first email you receive unmistakably looks like just a scam, or an attempt at extortion so you ignore it as scam / spam. that’s what we think is his wish from the outset he starts contacting you.
So this is the first mistake you make, because he leaves it for a week maybe two and then comes a new email with an even higher claim, probably with a cease and desist letter also, if you did not already get it in the first email? Germany apparently has a loophole in legislation that makes it possible to legally send these threats emails. US citizens are better protected against this kind of legal extortions.
If it ever went to court – in a jurisdiction applicable to you – then Fechner Legal would have to provide any evidence of the damages caused. Providing you have immediately removed any copyrighted material (after you found out the emails are infact not scam mails) and proof that you do perform due diligence along with a commitment to ensure no further infringements.
Then any reasonable judge would not in our opinion expect a blogger or small non commercial site owner (like us) to stump up the kind of money being asked by Robert Fechner of Fechner Legal. According to others such efforts would be laughed out of court, something I agree with given our own circumstances. The above is not legal advice, this is our opinion.
But if you did not contact Fechner Legal you can try to do this. Cease and Desist Letters Have No Power of Attorney.
Link to website here gesetze-im-internet § 174 BGB (Article 174 of The German Civil Code)
So Annoy Copyright Trolls With § 174 BGB (Article 174 of The German Civil Code): “Unilateral legal transaction by an authorised representative A unilateral legal transaction that an authorised representative undertakes in relation to another is ineffective if the authorised representative does not present a letter of authorisation and the other rejects the legal transaction without undue delay for this reason.”
And do Report Fechner Legal if you think he constantly threatens and persecutes you with emails, which we think he does in most cases with the law in hand. But without proof of evidence, a couple of links and suggestions beneath here to report him. Ignoring him will only make it more compelling for him to try again and again. Trust us we know from our own experience with Robert Fechner from Fechner Legal.
- German Police Authorities
- Berlin Police
- The German Bar Association
- Politicians in Berlin
- Trust Pilot your own actual opinion, bad or good
- Google Reviews
- Your own Police Authorities (We already filled it in advance, although no action shall be taken yet)
- GDPR violations in your own country
- Italian Photographer speak up! Read the story also made by Giovanni
- Ruling EU Court Italy very interesting also
- Giovanni Franchini (Italian Journalist, article read it!)
- Also you can send your story to Giovanni here
Some text content on this page are source credit these guys