Skip to content
Naked Security Naked Security

Dad ruled liable and fined for his son’s illegal download

Judge ruled that the man's warning to his 11-year-old son not to download content illegally was not explicit enough

A father was fined €956 after a German judge said that warning his 11-year-old son not to download anything online wasn’t explicit enough about online piracy. In fact, it was “negligent”, the court said.

According to Torrent Freak, the 11-year-old boy downloaded an audio book.

His father was away from home at the time of the copyright infringement. But his wife and son were at home, and as the case wound its way through a Leipzig court, it became clear that the boy was the pirate. But in a verdict that Torrent Freak dubbed “rather unique,” the court opted to hold the kid’s dad responsible.

It’s not that courts don’t hold parents responsible for their children’s misdeeds.

In the US, most states have “parental liability” or “parental responsibility” laws on the books, according to Eric Menhart, who’s on a list of piracy defense attorneys maintained by the Electronic Frontier Foundation (EFF).

The EFF offers this memo to help parents in the US to figure out whether they might be held liable when their children engage in filesharing:

In 2003, the Recording Industry Association of America (RIAA) sued 261 people over copyright infringement in connection with downloading protected music.

Among the defendants: several surprised parents who had no idea that their children were pirates. And they’re not alone: In Thrifty-Tel v. Bezenek, the California Court of Appeals upheld a verdict against the parents of teen cybercrooks who accessed the phone company’s network in order to make long-distance calls for free.

Germany in particular has a reputation for being a leader in file-sharing settlement demands. In 2013, lawyers sent 109,000 piracy threats, seeking a cool €90.3m, according to Torrent Freak.

Holding the German dad responsible for his son’s piracy isn’t the noteworthy part of this recent court finding. Rather, it’s the fact that the court dubbed him “negligent” for failing to explicitly warn his son about the perils of online piracy.

The man told the court that he’d asked his son to stick to schoolwork on the computer. His partner confirmed that. The man also warned the child not to download random stuff or to do anything dangerous.

That’s not good enough, the court ruled, saying the warning was not specific enough, given that the dad didn’t explicitly explain to his kid what constitutes an illegal download.

In her order (PDF), the judge wrote that proper parental supervision consists of instructing a child “on the illegality of participating in illegal file-sharing exchanges, and to explicitly prohibit this behavior”.

The court repeatedly characterized the father’s behavior as “negligent” and suggested that he might not have warned the boy at all; rather, he may have just made up the warning to avoid punishment.

The man can still appeal the decision to a higher court.

Menhart isn’t familiar with the specifics of German law but he said that in general, parental warnings to kids aren’t necessarily enough to get parents out of hot water. If their child’s found liable, well, tough luck:

…under a fact pattern like that, I don’t know if the parent’s instruction would necessarily be enough to preclude liability, if the child was still found to be liable. Obviously, that would be a “bummer” for the father, but, by operation of law, it would not surprise me if that were the result.


9 Comments

Now to be a parent one must posses a law degree. Unbelievable. Not a movie of some music song, but an audiobook of all things was what cause the suit. WTF man. I am sure the book did not cost a €956, ($1004) I hate copyright trolls. I hope they get ddosed to hell and back.

This law firms that sent out warnings letter are ripoff artist allowed by the German government.

Talk about overkill, and I am sure an 11 year old has enough metal capacity to actually decide whether to heed the advice of their parents even if that advice were toi have been explicit as to include, no downloading content via illegal file sharing/torrents. My next question would be while as an audult I weould be aware of what material is going to be illegall sharing, a small proportion of torrents are quite legal, how is an adult let alone an 11 year old supposed to know the difference, is there any mechanism available to mark these as such – no i didnt think so. The song “while my guitar gently weeps” comes to mind..

Make an example, the kid couldn’t pay the attorneys and state any monies… ;)
Typical…

If I was the father I would request the judge to please supply an exhaustive list of all things illegal to download on the internet, and I mean specific files. It’s not like using torrents means automatically you are doing something illegal, and it’s a bit much to ask of an 11 year old (or any person for that matter) to check up on copyright law on every file he views on the internet. If the German law states that a parent is liable if his kid does something illegal, so be it, the dad gets fined. But don’t make it hinge on whether he was negligent, because he wasn’t. And if it just depends on how well the kid knew he wasn’t supposed to do this, then, if the kid just said “yes, I knew it was illegal but I did it anyway” the father would be off the hook? This case sounds just silly to me.

/Rant on/ And I am so sick of the “Copyright” industry. If they spent half the resources they spend on trying to convince the world that they are losing any significant money because of pirating, on getting with the times and giving people easy and reasonable access to their content, this whole issue wouldn’t even exist. /Rant off/

A German friend has a 13 year old son who illegally downloaded a film without his fathers knowledge — until a letter from a lawyer appeared. Seeking legal advice about his rights, the father learned he could either accept the fine or risk the fact that the 915 Euro penalty would be held until his son was of legal age. The son would then have to pay the sum as an adult with a few years of interest added on. Not nice.

Comments are closed.

Subscribe to get the latest updates in your inbox.
Which categories are you interested in?