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I am currently in Germany. I was briefly surfing a website…

Hello I am currently in...
Hello I am currently in Germany. I was briefly surfing a website that contains nudism. It may have pornography in it. (no child porn though). Either way I was wondering if its illegal to view nudist/pornographic websites (not child porn) or those nudist websites? Either way I didn't download anything nor stream. Am I in danger of receiving a fine?
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Customer reply replied 4 months ago
If it is necessary, I can post the link I was looking at.
Answered in 9 minutes by:
10/4/2017
hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2,997
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Verified

Hi,

consuming and posessing child pornography in Germany is illegal in Germany.

I don't see why you should consider it to be illegal if it does not contain such thing.

Regards

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Customer reply replied 4 months ago
It doesn't contain any contents/photos or videos of children whatsoever. However it has non sexual nudity contents of females above 18. In any case, I was just briefly on that website looking at it.

Don't worry. Just in case, you receive any related mail, feel free to contact me again without extra charge on this URL.

Good luck.

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Customer reply replied 4 months ago
Thank you. Just to clarify, Is viewing a website with nudity/pornographic content (I mean ones that involve 18+) illegal in germany?

Not at all, if it is not content that is obvious to be obtained from an illegal source violating copyright laws. Anyway this applies to any content, pornography or not.

Regards.

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Customer reply replied 4 months ago
By what you mean by illegal source violating copyright laws, what do you mean? I'm not exactly clear.
What I could say is that the website does require users to pay for membership for certain contents to view, stream and download videos.In any case, would you suggest that there wouldn't be a likelihood of getting a letter from the authority regarding me viewing this kind of website?

I mean of you watch content for free which is known to be exclusive (and new) for pay TV.

In any case, no authority will contact you. It will usually be a lawyer.

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Customer reply replied 4 months ago
Ok, then the content on the website is not exactly free as it involves paying for membership. Not to mention, I did not even remotely view any video on there.Also if its the lawyers that will contact us, is there any likelihood that I'd be contacted by one soon?

I think, you are completely misunderstanding me.

I refer to content you should be paying for but watch it for free via illegal sources.

Just don't worry.

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Customer reply replied 4 months ago
Ok yes I have misunderstood. And I am not sure what you mean by illegal sources. If you are referring to sources such as those torrenting sites, then I would understand.Otherwise I think I understand what you mean.

In the case of torrent there is an extra issue: You automatically make the content available to others when downloading it.

Persecution in the case of pure consumption is a rather theoretical issue at the moment, don't worry!

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2,997
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Verified
hhvgoetz and 87 other German Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you. I was just merely viewing that site that had those contents.

Don't worry in this case.

Have a nice day.

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Customer reply replied 4 months ago
Hello,Just some other quick question. I understand the copyright law in germany is strict. Yet I am a bit confused by it.Under the copyright law, if I find a full length foreign movie or movie for free on a legal website such as youtube, would that be legal for me to watch?
Customer reply replied 4 months ago
that is streaming a movie or TV show on that website.

If it is a movie which is evidently commercially sold to watch at cinemas, it would be illegal even for private use.

However, nobody will actually make the hassle to sue you, because damages will be low and it will difficult to find you.

There is a rather new court decision stating that youtube does not have to tell copyright holders the full address of the person who watched. Just the E-Mail would be sufficient.

Just don't do it when logged in with your data in Youtube, but it is highly improbable that you'll get into any serious trouble.

Regards

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Customer reply replied 4 months ago
Ok so basically it would be best I do NOT log in to my account for youtube?

Excatly.

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Customer reply replied 4 months ago
Also I am a frequent viewer of documentaries on youtube. And I know there many on there that they upload for free. Would the german copyright law apply to those as well? Either way I won't intend to log in with my account.
Customer reply replied 4 months ago
As well as into watching music videos a lot.

It's a grey area...

Technically it's illegal but a court might rule that it was not "evidently" illegal (an in consecuence private use possible) when these documentaries are usually shown on Free TV.

Don't worry too much.

To reduce risk, don't log in.

Music videos should not be a problem as youtube has a deal witg GEMA, the collecting body of the music industry in Germany.

As long as you don't actively circumvent the ban od videos which are blocked on Youtube Germany.

Anyway, in the past nobody has cared as long as you don't upload anything...

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Customer reply replied 4 months ago
Hello I have a new question I like to ask related to german law. I got caught for the first time on the S Bahn in Berlin without a Ticket. So naturally I got fined after mentioning my name with my student ID (being the only photo ID I had that time).I intend to pay the fine and get it settled. However I’d like to know if this would affect my chance of getting/ renewing a residency permit ? And if this would go on criminal record in Germany? In any case, it was a costly mistake the first time.

Hi, this is a completely diifferent issue. Please make up a new question!

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hhvgoetz
hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
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Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)

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