The “cease and desist” letters sent by Peppermint lawyers to the Internet users’ – whose identity has been dislosed by a questionable decision of the Court of Rome – allegedly infringing German label’s copyright contains a legal trick almost unnoticed that expose people to criminal investigations even after having paid what Peppermint’s lawyer ask for.
Peppermint scheme is easy (at least at first glance): you pay us 330 Euros, we file no legal action against you. The problem is that in Italy copyright’s infringment is a criminal offense and the Public Prosecutor can charge somebody even if the “damaged party” (Peppermint, in this case) states to having waived any claim.
Peppermint and its lawyers, than, cannot enter into an agreement that includes the waiving of such legal claim because they have no power to waive ALL the possible legal claim. But they completely fail to advise their counterpart on that issue.
The result is that people who already paid the 330 Euros, cannot rest in peace… or do they?