Bild interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 18/12/2012

23470 times read
 :: 15629 Votes  

Bild interviews certified lawyer Julian N. Modi LL.M. from – Law Firm Hild & Colleagues about the topic: „CD with recording of live concerts“.

Category: Entscheidungen, Judgements, Abmahnung Rechteinhaber, Internet Law, eBay Law, Media Law, Music Law, Celebrities, intern, Interviews

Unfair terms and conditions clauses - CHIP interviews certified lawyer Hagen Hild

Publication date: 10/02/2012

36657 times read
 :: 21418 Votes  

Do you really think that Apple, Facebook and 1&1 have nothing in common? They do – unfair terms and conditions clauses. CHIP has revealed together with lawyer Hagen Hild those cases.

Category: General Terms Law, Amazon, eBay Law, Long Distance Sales Act, Consumer Law, intern, Interviews, social network service, Facebook, Telecommunication law

Certified lawyer Hagen Hild as a lecturer in IT Law at the University of Augsburg

Publication date: 27/01/2011

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 :: 19644 Votes  

In the two-day event “IT Law – organise and manage contents, communication and business legally steady on the Internet” within the lecture series “JuraBasics – Law for non-lawyers” of the University of Augsburg, certified lawyer Hagen Hild will impart practise-oriented knowledge. Lawyer Hild is a certified lawyer in IT-Law and in Protection of Industrial Property and daily advises clients in this area for almost 10 years. The event will take place on Friday 16/07 and Saturday 17/07 from 9 am to 5:30 pm.

Category: intern, IT Law, Internet Law, eBay Law, General Terms Law, Advertising Law, Unfair Competition Law

"Never, never, never again!..." allowed as an assessment comment

Publication date: 04/05/2010

14778 times read
 :: 9711 Votes  

Judgement of the LG Köln (Regional Court Köln) of 10/06/2009, file number: 28 S 4/09

The eBay assessment comment “never, never, never again! Money back, however goods kept – insulting and impudent!!!” stands on expressions of opinion elements as well as on statements of facts. As long as the facts are true at the time of the assertion of the comment and establish ties with the expressions of opinion to the factual reference, this is not an inadmissible abusive criticism. In view of the economic interests of the eBay users and the function of the assessment, easy to remember formulations may be also used. A claim to deletion of the assessment is not...

Category: Internet Law, eBay Law, Personality Right, Entscheidungen

Leading decision: The independent freelance as a consumer according to § 13 BGB (German Civil Code)

Publication date: 02/10/2009

193097 times read
 :: 23729 Votes  

Press release of BGH (Federal Supreme Court) No 200/09 about the judgement of 30/09/2009, file number: VIII ZR 7/09

The Federal Supreme Court has decided in a leading decision about the possibility for natural people, who can appeal as consumers as well as entrepreneurs due to freelance activity, to rely on the consumer protection rights. The consumer quality and the resulting rights may be denied only if the action is without doubt objectively recognized as an exclusively commercial action. If the private sphere of the legal business cannot be excluded, the consumer protections rights should be applied. Sellers should prepare for the fact that also...

Category: Internet Law, eBay Law, Long Distance Sales Act, Power of Revocation, Consumer Law, Unfair Competition Law, Press Releases, Entscheidungen

Negative opinion in the assessment comment is allowed

Publication date: 18/09/2009

20725 times read
 :: 9731 Votes  

Judgement of LG Hannover (Regional Court Hannover) of 13/05/2009, file number: 6 O 102/08

Following assessment comment on the platform eBay is an allowed expression of opinion: "Mobile phone as "NEW" offered – mobile phone + accessories used – I call this fraud!!!!" The statement is marked by elements opinion and estimation. Besides, a juridical term is used to express the legal view and the expression of opinion. The negative assessment comment depends on the personal review of the evaluating.

Category: Internet Law, eBay Law, Entscheidungen

The judges had dark worries

Publication date: 11/06/2009

14293 times read
 :: 10054 Votes  

Decision of LG Frankfurt / Main (Regional Court Frankfurt/Main) of 27/04/2009, file number: 3-06 O 1/09

The judges in the Regional Court Frankfurt have decided that merely the hint of the ebay shop seller, assuring that the stove on sale has been covered with stove blacking, is not enough to disclose the effectiveness of the stove. Knowing that the stove blacking can indeed come off and can smell after firing, a usual potential buyer cannot conclude that the stove does not work at all.

Category: Internet Law, eBay Law, Duty to Inform, Entscheidungen

Profit achievement intention not necessary to be classified as an entrepreneur

Publication date: 15/04/2009

28699 times read
 :: 17475 Votes  

Judgement of LG München I (Regional Court Munich I) of 07/04/2009, file number: 33 O 1936/08

Who buys and sells certain things which are not assigned to the everyday life, also on small scale, on eBay and also without profit achievement intention, is entrepreneur according to § 14 BGB (German Civil Code). This would be understood in particular if inspection dates have been agreed for the objects. Only low demands are to be made in this respect to the entrepreneur's quality.

Category: eBay Law, Imprint, Law on Sales, Entrepreneurial Activity, Entscheidungen

Right to refund instead of right of withdrawal

Publication date: 25/03/2009

23395 times read
 :: 14890 Votes  

Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08

The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.

Category: Internet Law, eBay Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Entscheidungen

Blameless liability of ebay account owners

Publication date: 02/03/2009

22130 times read
 :: 14767 Votes  

Decision of LG Hamburg (Regional Court Hamburg) of 22/09/2008, file number: 310 O 357/08

The unlicensed use of a photo (§72 UrhG - Copyright Act) on the Internet (here: ebay) is to be understood as a public available-making in terms of §19a UrhG (Copyright Act). An injunctive relief and removal claim of the right holder (§97 I UrhG - Copyright Acts) arises from it. The omission duty applies because of the supposed repetition risk to all still retrievable pictures which may be removed. For clearing the supposition it requires the release of a serious and adequately penal-reinforced undertaking to cease and desist. On this case, it does not depend on a...

Category: eBay Law, Photo Law, Copyright Law, Entscheidungen

Lawsuit costs right after injunction acknowledgement

Publication date: 02/03/2009

15175 times read
 :: 9853 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 29/01/2009, file number: 327 O 583/08

If the behaviour of the defendant does not originate a claim, the plaintiff must carry the costs of the proceedings. As in dispute over commercial trade practises via statutory declaration, most probably because a missing access of the warning letter which postal and electronic receipt was already received by the defendant, this does not originate a claim. This is also valid if the defendant recognises conclusive arrangements except the order for payment of costs. The plaintiff must pay the costs of the proceeding.

Category: Abmahnkosten, eBay Law, Entscheidungen

A real bargain

Publication date: 02/03/2009

22303 times read
 :: 16006 Votes  

Judgement of AG München (Local Court Munich) of 09/05/2008, file number: 223 C 30401/07

The setting up of a sales offer in an Internet platform (here Ebay) is an active binding offer on conclusion of the purchase contract (§§145 and the following BGB - German Civil Code) to the highest bid and precisely not an auction (§156 BGB - German Civil Code). The double setting up of an article is not an obstacle for an effective declaration of intent, since a confidential reservation (§116 p. 1 BGB - German Civil Code) of the seller is given. Should the offer not correspond to the will of the setting up, a prompt rescission is likewise considered. We already...

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