By Stewart Tongue

YNOT EUROPE – Starting Sept. 1, the German law firm Urmann and Colleagues (U+C) intends to publish on its website a list of people the firm’s clients accuse of illegal file trading. The move, on behalf of the law firm’s adult entertainment clients, one-ups the already high stakes employed by American firms that have become infamous in recent years for threatening to expose accused file-traders’ pursuit of porn.

Proponents of U+C’s threat quickly rose to its defense, saying the firm is well within its rights to “out” companies and individuals it believes are violating copyrights. Opponents immediately argued that the threat is nothing more than a strong-arm tactic designed to pressure innocent people into paying off hardcore pornographers in order to prevent their reputations from being sullied in public.

U+C claims it is simply advertising its services by publishing a list of defendants from whom it has attempted to recover damages. In 2007, the German Constitutional Court ruled that law firms may publish the names of litigation opponents as a way to attract new clients. Debate continues about whether the court intended to limit such listings to corporate defendants or anticipated the naming of private individuals in matters that may cause public embarrassment.

Headquartered in Regensburg, U+C is one of the largest intellectual property rights litigation firms in Germany. The firm represents a number of adult content owners. Its shot across the bow of suspected copyright infringers lays the groundwork for a successful exchange of identity protection for cash.

U+C benefits from noteworthy clout within the German legal system, but observer are wondering aloud what might happen if a wrongfully outed alleged pirate subsequently is exonerated in court. The shaming tactic could backfire if the law firm found itself facing defamation suits. Conceivably, the potential rewards of not settling could outweigh the risks, causing the entire paradigm to collapse.

TorrentFreak’s typically pirate-friendly discussion about U+C and its methods drew comments ranging from counter-threats to armchair lawyering, especially concerning U+C’s hint that it may expose the names of clergy, police, Arab embassy employees and others whose reputations play into public safety and welfare.

Two hacker groups, Pirate Party and Anonymous, have threatened to retaliate if U+C carries through with its plan.