Negative opinion in the assessment comment is allowed

Publication date: 18/09/2009

14414 times read
 :: 6031 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

Recognisability in spite of black bar across the eyes

Publication date: 03/09/2009

17849 times read
 :: 10590 Votes  

Judgement of LG Frankfurt/Main (Regional Court Frankfurt/Main) of 25/06/2009, file number: 2-03 O 179/09

If merely a black bar across the eyes on the photograph is used to censor it, somebody can recognize the person who is tried to be unrecognizable. In this case, the affected person can also require omission of the graphic representation if he has just agreed to publish the photo on a certain domain.

Category: Personality Right, Media Law, Entscheidungen

"Within 24 hours" is not delusive

Publication date: 01/09/2009

15760 times read
 :: 10677 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/06/2009, file number: 4 U 19/09

The judges in the OLG Hamm have decided that the advert statement of the seller assuring "original printer cartridges within 24 hours" is not delusive if the advertisement is linked with another web page on which will be informed that for a delivery within 24 hours a suitable order must have be settled at the latest 16.45 o'clock.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Unfair Competition Law, Entscheidungen

Children and P2P file sharing network - liability of the parents?

Publication date: 24/08/2009

124874 times read
 :: 15246 Votes  

Judgement of LG Köln (Regional Court Cologne) of 13/05/2009, file number: 28 O 889/08

Those who make available an Internet access in own household and therefore make possible the participation in music file sharing networks, have the obligation to check and perform if needed. According to the court, to prohibit the children expressly and specifically to download music, it is not enough. As effective action, they would have had to set up the computer with limited rights as well as a Firewall, which prevent the download of data from the computer.

Category: Internet Law, File Sharing, Music Law, Liability, IT Law, Entscheidungen

Imprint duty for providers of internet portals with commercial classified ads

Publication date: 19/08/2009

70193 times read
 :: 14148 Votes  

Judgement of OLG Frankfurt am Main (Higher Regional Court Frankfurt/Main) of 23/10/2008, file number: 6 U 139/08

The provider of an internet portal for free anonymous classified ads is obliged to announce the name and address of the commercial suppliers. No big measures are necessary. It is enough to inform the supplier about the imprint duty before filling his ad in order not to infringe against the unfair competition law.

Category: Imprint, Duty to Inform, Unfair Competition Law, Internet Law, Liability, Provider Liability, Entscheidungen

My child should not stay in the media

Publication date: 14/08/2009

11110 times read
 :: 7303 Votes  

Decision of BGH (Federal Supreme Court) of 30/06/2009, file number: VI ZR 339/08

A monetary indemnity due to insistent serious injury of the right in own picture depends on the particular cases evaluation; children must be protected more comprehensive than adults. Cease and desist letter and measures of compliance would have a satisfaction function.

Category: Youth Protection, Photo Law, Press Law, Indemnity, Entscheidungen

Keywords only for brand owners?

Publication date: 23/07/2009

16637 times read
 :: 8786 Votes  

Decision of OGH (Austrian Supreme Court) of 20/05/2008, file number: 17 Ob 3/08b

Also the Austrian Supreme Court deals with the question whether the use of a brand as a Keyword in the advertisement on the hit lists of searching machines should be left to the trademark owner, the case has been presented to the European Court of Justice for a preliminary decision. Besides it is doubtful whether the danger of confusion could be excluded if the advertisement  is or is not performed in the hit list.

Category: Internet Law, Web Search Engine, Trademark Law, AdWords, Entscheidungen

Erased files on hard disk enough for dismissal on grounds of suspicion

Publication date: 20/07/2009

13437 times read
 :: 5202 Votes  

Judgement of LAG Rheinland-Pfalz (Higher Labour Court Rheinland-Pfalz) of 26/03/2009, file number: 2 Sa 776/08

Erased files on the hard disks of a private PC, which allegorise a hint of the realisation of criminal action, can justify a dismissal on grounds of suspicion. Besides, it does not depend on the shutoff of the criminal procedure or the remission of a penalty order. In this case, only the suspicion of the perpetration of a possible serious criminal offence comprises an extraordinary dismissal.

Category: Labour Law, Internet Law, Entscheidungen

Listing of the shipping costs on price search machines

Publication date: 20/07/2009

15385 times read
 :: 11372 Votes  

Judgement of BGH (Federal Supreme Court) of 16/07/2009, file number: I ZR 140/07

The Federal Court of Justice has decided that dispatch dealers also have to state the shipping costs when setting their products on so-called price search machines. Otherwise they would offend against the price regulation.

Category: Internet Law, Law on Sales, Consumer Law, Duty to Inform, Unfair Competition Law, Price Quotation, Press Releases, Entscheidungen

Returned goods only with original packaging?

Publication date: 17/07/2009

13343 times read
 :: 8264 Votes  

Judgement of OLG Hamm (HRC Hamm) of 10/12/2004, file number: 11 U 102/04

The seller cannot require the return of the product in the original packaging under use of the return adhesive label and returning certificate. The buyer merely obliges to pack the purchased good protecting it against typical transport dangers. Also a bulk discount and stock delivery reservation of “rare top wines” are illegal, § 307 BGB (German Civil Code).

Category: General Terms Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Consumer Law, Internet Law

Private e-mails at work

Publication date: 10/07/2009

8845 times read
 :: 5413 Votes  

Judgement LAG Köln (Higher Labour Court Cologne) of 15/12/2003, file number: 2 Sa 816/03

If there are no clear company rules about the private use of the firm computer, a dismissal regularly needs of the previous warning letter, even if during the working hours an important number of private e-mails are written.

Category: Internet Law, Economy + Labour & Taxes, Labour Law

Domain-disconnectivity through regional authorities is illegal

Publication date: 07/07/2009

9246 times read
 :: 5779 Votes  

Judgement of VG Düsseldorf (Administrative Court Dusseldorf) of 18/05/2009, file number: 27 L 9/09

Authorities of a federal state are not allowed, in case of an offence to the gambling treaty, to disconnect the domains of the corresponding web sites. Federal states are basically limited in their administrational rights after the state principle. The disconnection of a site leads to the worldwide unattainability. In this case, the competence of the regional authorities is trespassed; therefore, the disconnection order is illegal.

Category: Gambling Law, Internet Law, Domain Law, Entscheidungen

Internet reporting about proceedings no offence against statement ban

Publication date: 06/07/2009

16200 times read
 :: 10760 Votes  

Decision of OLG Köln (HRC Cologne) of 19/06/2009, file number 15 W 32/09

If a debtor of an omission court order publishes on his web page lists corresponding to lawsuits under specification of reference number, date and ending of the procedure and the central concepts from which use he has to omit, no offence against the statement ban or the court order is given.

By an objective and shortened reporting about such trials the right on freedom of expression outbalances potential personality rights. There, it is no repeating freshining up of forbidden statements.

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

Leading decision to the TV and radio licence fee duty for a PC with Internet access

Publication date: 02/07/2009

15594 times read
 :: 11848 Votes  

Press release of OVG Nordrhein-Westfalen (Higher Administrative Court Nordrhein-Westfalen) of 26/05/2009, file number: 8 A 2690/08 and 8 A 732/09

The 8th senate of the higher administrative court of North Rheine-Westphalia has decided in two judgements of May 26, 2009 that broadcasting licence fees must be paid for a private PC with Internet access in case no other receiver devise exists.

Category: Internet Law, Media Law, Broadcasting Law, German TV and Radio Licensing Office, Consumer Law, Press Releases, Entscheidungen

University library may continue to be supervised with cameras

Publication date: 02/07/2009

8406 times read
 :: 5559 Votes  

Judgement of OVG Nordrhein-Westfalen (Higher Administrative Court Nordrhein-Westfalen) of 08/05/2009, file number: 16 A 3375/07

The Westphalian Wilhelms-Universität of Münster may continue to supervise the library of the municipal-scientific institute with video cameras. However, the video pictures may not be in general stored. The 16th senate of the higher administrative court has decided this for the State of Nordrhein-Westfalen in a current judgement and with it has confirmed the first-instance decision of the administrative court Münster.

Category: Personality Right, Media Law, Consumer Law, Entscheidungen

The "cracked prosecutor" – defamation or allowed according the freedom of opinion

Publication date: 01/07/2009

6776 times read
 :: 5020 Votes  

Decision of BVerfG (Federal Constitutional Court) of 12/05/2009, file number: 1 BvR 2272/04

If the fundamental right of the freedom of opinion (article. 5 GG - Basic Laws) is not used as a private analysis, but primarily as contribution to the knowledge of the public opinion, then though effects of the statements on the legal circle of third are an inevitable result, but not the real aim of the statement. Hence, in the public analysis, in particular in the political opinion fight, the criticism which is expressed in exaggerated and controversial form must be also accepted...

Category: Personality Right, Media Law, Curiosities, Entscheidungen

Due diligence for integrated videos

Publication date: 30/06/2009

4424 times read
 :: 2891 Votes  

Judgement of LG Köln (Regional Court Cologne) of 10/06/2009, file number: 28 O 173/09

Who operates an Internet-video-portal, due diligences are incumbent upon the videos which are hosted by him as well as the ones hosted by someone else, which are integrated or linked. Thus, shares of external Internet sites are integrated into own appearance, without being necessary for the user to visit the linked site. If external sites are not linked but integrated, hence, a higher due diligence exists for their content.

Category: Internet Law, Link Liability, Provider Liability, Liability, Entscheidungen

Child-pornographic files cause removal from the office

Publication date: 29/06/2009

122426 times read
 :: 13025 Votes  

Judgement of VG Göttingen (Administrative Court Goettingen) of 12/05/2009, file number: 5 A 4/07

If a professor stores and loads images and video files with child-pornographic content on his official PC, this shows such a serious disciplinary offence that it leads to the removal from the office. The access to such files by a professor leads, from the point of view of an impartial and considerate third, to a final and entire loss of the respect as a teacher and model.

Category: Internet Law, Labour Law, Internet Penal Law, IT Law, Entscheidungen

Facebook vs StudiVZ

Publication date: 26/06/2009

18636 times read
 :: 12960 Votes  

Judgement of LG Köln (Regional Court Cologne) of 16/06/2009, file number: 33 O 374/08

With an amount in dispute of 1 million euro, the regional court Cologne found StudiVZ "innocent". Facebook accused it of the imitation of the so-called "Look & Feel" on its homepage. StudiVZ served Facebook though as a model. Nevertheless and with limitations, the principle of the imitation freedom is valid, as long as this is not unfairly used. Finally Facebook, at the market launch of StudiVZ, did not have the necessary name recognition in Germany to justify any claim. Nor General Terms and Conditions offense is either given, since StudiVZ never...

Category: Internet Law, Trademark Law, Unfair Competition Law, Copyright Law, IT Law, social network service, Entscheidungen

Augsburger Puppenkiste (The Augsburg Puppet Theatre)

Publication date: 24/06/2009

8345 times read
 :: 5165 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: I ZR 200/06

The component "Puppenkiste" is in the company sign "Augsburger Puppenkiste" to label the marking of a puppet theatre originally weak sign and, therefore, without distinguishing characteristic to assert itself as a catchword-like advice to the company...

Category: Internet Law, Domain Law, Trademark Law, Company Labelling, Entscheidungen
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