Michael Eriksson's Blog

A Swede in Germany

Follow-up: Fraudulent product information/German DVDs/Koch Media

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In January, I wrote about the fraudulent behavior of Koch Media regarding the 1980s/1990s Sherlock-Holmes series*.

On the same day, I sent an email to Koch Media with a demand for rectification. This received a near-immediate automatic confirmation of receipt, implying that Koch Media definitely received said email.

Nevertheless, there has been no further reaction in the almost month since then—despite an explicit dead-line set for the 21st of January.

Correspondingly, I will now put the matter in the hands of the police.

I have already (as explicitly mentioned in the email to Koch Media) taken the non-reaction as cause to download the missing episodes from the Internet, which I consider perfectly legal as a remedy of a defect product in light of an uncooperative counter-part*. I advise other victims to do the same, should Koch Media or the respective seller not respond appropriately to complaints.**

*A minor hitch is that, according to German law, the first point of contact and party required to provide remedy is the seller, not the producer, of a good. However, due to the time period involved, I can no longer safely say who the seller was, let alone provide proof of purchase from that seller. Further, it is obvious that the fraud has been perpetrated by the producer (Koch Media), with the sellers likely acting in good faith or even qualifying as victims. Nevertheless, fellow victims with a sufficient knowledge (and preferably a receipt) should turn to the seller first.

**I stress that any such attempt should be preceded by a complaint with a demand for remedy. This to (a) give Koch Media a fair chance, (b) reduce the risk of legal culpability on behalf of the downloader, (c) let Koch Media know that its fraudulent actions have had consequences, giving incentives for an improved behavior. I further stress that this recommendation only applies to purchasers of Koch Media’s product. I refrain from giving explicit download instructions, seeing that such instructions have been legally problematic in some other contexts (however, it is not hard to find out how).

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Written by michaeleriksson

February 4, 2019 at 12:06 am

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