The article by RA Witte “Das Gesetz gegen unseriöse Geschäftspraktiken” in IT-Rechtsberater 3/2014 , page 56 ff deals with the effects of the new regulation of § 97 a UrhG on copyright warnings in relation to file sharing cases.
RA Witte: “The new regulation is intended to further curb the abuse of warnings without restricting the legitimate claims of the infringers. Unfortunately, this was unsuccessful in the regulation which was only introduced in 2008. It led neither to a containment of copyright infringements nor to a decrease in the number of warning notices. With the second new regulation, the legislator is enforcing principles which my firm has in part already won in court, for example lower amounts in dispute, higher formal requirements for a warning notice and a reorganisation of the place of jurisdiction”.
Further information on “ITRB”, published by Dr. Otto Schmid KG as well as on the cooperation with the working group IT Law in the German Bar Association (DAV) can be obtained from http://www.cr-online.de/aktuelles_heft_itrb.htm.