Weather forecaster must not tolerate concrete details in the press release about rape allegation

Publication date: 19/07/2010

28716 times read
 :: 15666 Votes  

Judgement of LG Köln (Regional Court Cologne) of 12/05/2010, file number: 28 O 175/10

A nationwide well-known weather forecaster must not tolerate that the press publishes concrete details about the investigation concerning the procedure against him. Although the rape allegations count with an important public interest, they could cause a difficult complete rehabilitation of the weather forecaster in case of exculpation.

Category: Personality Right, Media Law, Press Law, Celebrities, Entscheidungen

Total price indication shall include the incurred booking fees

Publication date: 13/07/2010

17971 times read
 :: 11554 Votes  

Judgement of LG Düsseldorf (Regional Court Düsseldorf) of 03/02/2010, file number: 12 O 173/09

An online travel portal, as a mediator of flights, must indicate the total price of a flight including any applicable booking fees, as soon as the price is indicated as “total price”. A small asterisk note is not enough if the fees are not transparently specified.

Category: Internet Law, Long Distance Sales Act, Unfair Competition Law, Price Quotation, Consumer Law, Entscheidungen

Subscription-trap operator makes himself liable to prosecution

Publication date: 05/07/2010

9849 times read
 :: 6549 Votes  

Judgement of AG Marburg (Local Court Marburg) of 08/02/2010, file number: 91 C 981/09

The provider of a website where apparently free downloads are offered, however misleads the customer regarding the true costs and lures him into a chargeable subscription, makes himself liable to prosecution because of fraud, according to § 263 StGB (German Criminal Code). A lawyer who, on behalf of the provider, warns the non-paying customers and even tries to enforce the demands in court, makes himself also liable to prosecution because of accessory to fraud.

Category: Internet Law, Suscription Trap, Internet Penal Law, Consumer Law, Entscheidungen

„Matthias-Reim-Photo“– The picture in picture

Publication date: 05/07/2010

28054 times read
 :: 18408 Votes  

Judgement of KG Berlin (Superior Court of Justice Berlin) of 15/06/2010, file number: 5 U 35/08

Copies of already published photographs are certainly permissible as a part of a quotation and if they are not only used with pure decorative and illustrative purposes. The reproduction of an unmodified small picture in a larger picture shows a “copyright relevant intervention” according to §§ 72, 15, 16 UrhG (German Copyright Act).

Category: Personality Right, Media Law, Photo Law, Press Law, Celebrities, Copyright Law, Entscheidungen

Press release about alimony dispute

Publication date: 18/06/2010

18639 times read
 :: 12706 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 27/04/2010, file number; 27 O 66/10

The plaintiff, a famous comedian, is in an alimony dispute with his father, who had admitted to the press in the past that he was impoverished and dependent on the maintenance of his son. The father’s lawyers wrote that “it is written in the stars to what extend such procedure can be kept away from the interest of the public”. The plaintiff demanded an omission from his father to speak to the media about the alimony procedure and about the fact that the plaintiff pays no maintenance. Thereafter, an article was published in which the father was quoted with the words: “My...

Category: Celebrities, Media Law, Warning letter, Personality Right, Entscheidungen

Google in crosshair of the justice

Publication date: 21/05/2010

17899 times read
 :: 13066 Votes  

The public prosecutor’s office Hamburg has initiated preliminary investigations against Google, since the company has possibly violated the German Penal Law. The company photographed streets across Germany for its Internet service Street View, thereby data from unsecured WLAN connections and parts of e-mails have been “mistakenly” stored. Should private data have been unauthorised intercepted, an offence could be considered, according to § 202b StGB (German Penal Code).

Category: Data Protection, Internet Penal Law, Personality Right, Consumer Law, Entscheidungen

New withdrawal instruction from June 11, 2010

Publication date: 11/05/2010

13424 times read
 :: 8691 Votes  

As from June 11, 2010 new regulations of the German Civil Code are effective in the area of distant sales and e-commerce. Thereby, the withdrawal instruction sample becomes a law status. Besides, an “eBay clause” provides for the fact that in future also in the sales through the biggest Internet auctioneers, a withdrawal term of 14 days and regulations to the compensation for the lost value will be possible.

Category: Internet Law, Power of Revocation, Consumer Law, Article

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

Publication date: 04/05/2010

14107 times read
 :: 9273 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

Regional Court Hamburg: Amazon offends against the fixed book prices

Publication date: 30/04/2010

15533 times read
 :: 9787 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 19/01/2010; file number: 310 O 258/09

Amazon has to make sure that books with fixed prices have a quoted price which is not lower that the fixed retail price. Even if such control of such a large amount of books would be related with huge effort, Amazon should accept it to maintain the fixed book prices on its portal.

Category: Abmahnung Rechtsmissbrauch, Internet Law, Long Distance Sales Act, Duty to Inform, Amazon, Entscheidungen

Violation of the personality rights through unallowable installed supervision cameras

Publication date: 22/04/2010

21633 times read
 :: 11226 Votes  

Judgement of BGH (Federal Supreme Court) of 16/03/2010, file number: VI ZR 176/09

The installation of supervision cameras on a private property can affect the personality rights of a supposedly monitored neighbour. This could already occur just taking into account a suspicious situation. However, only the hypothetical possibility of monitoring is not enough.

Category: Personality Right, Entscheidungen

Cellophane wrap is no seal

Publication date: 19/04/2010

41085 times read
 :: 19491 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/03/2010, file number: 4 U 212/09

Enterprisers may exclude efficiently the withdrawal right of the consumer within sales of software in distant selling regarding the unsealing of the delivered data carriers by the consumer. However, the merely opening of the cellophane wrap constitutes no unsealing, from the point of view of the Higher Regional Court Hamm, since the film has no seal-typical test and reflection functions. The cellophane film can rather serve other purposes, as for example, as soil protection.

Category: Power of Revocation, Consumer Law, Unfair Competition Law, IT Law, Entscheidungen

German Law also applied to the New York Times

Publication date: 07/04/2010

27010 times read
 :: 16254 Votes  

Judgement of BGH (Federal Supreme Court) of 02/03/2010, file number: VI ZR 23/09

Provided that an article published on the Internet injures the personality right of someone and shows at the same time a clear relation to Germany, the legal way to German courts is opened. A plaintiff resident in Germany took legal actions against the publisher of the newspaper “The New York Times” as well as against the author resident in New York, since the published article injured the plaintiff’s right.

Category: Personality Right, Press Law, Procedural Law / Costs, Entscheidungen

Antipiracy and supervision of Peer-2-Peer-Network (P2P)

Publication date: 08/03/2010

32452 times read
 :: 21196 Votes  

Representatives of the film, music and software industry must still accept considerable sales losses due to the private exchange of their copyrighted works in so-called Peer-2-Peer-Networks. Through file sharing systems, such as eMule or BitTorrent, users unite to a community and exchange the data of their computers. Not only a download of a copy of a copyrighted file takes place, rather the user also offers suitable files even to other participants to upload. The user makes also available the files of other participants which exist on his computer through the P2P network for unlawful download.

Category: File Sharing, Media Law, Music Law, Copyright Law, Consumer Law, Article, Entscheidungen

Publication date: 08/03/2010

30205 times read
 :: 19329 Votes  

Can the bare looking of a film on the Internet be already unlawful? – Juridical action against film portals such as

Internet portals which offer actual films and TV series free of charge, illegal per se, for viewing count with bigger and bigger popularity among users. However, for the film industry such portals are seen as a nightmare. During the past years, the film industry had already faced important sales losses due to copyright pirates. Due to the use of the mentioned film portals, the film industry also loses in the commercial distribution a considerable number of customers. The most prominent example at the moment of a controversial film...

Category: Media Law, Consumer Law, Copyright Law, File Sharing, Article

1&1: Questionable data clause by online order

Publication date: 24/02/2010

19797 times read
 :: 14502 Votes  

Interview dated February 22, 2010 with lawyer Hagen Hild about the topic: "1&1: Questionable data clause by online order".

Category: Interviews, intern, Internet Law, Data Protection, Telecommunication law, Consumer Law

Childhood photos on movies only with approval

Publication date: 19/02/2010

17602 times read
 :: 12474 Votes  

Judgement of OLG Düsseldorf (Higher Regional Court) of 09/02/2010, file number: I-20 U 151/09

When a movie contains a photo without the approval of the affected person, the freedom of art should be weighed against the personality right of the affected person. However, minors enjoy a considerably higher protection and, therefore, a consideration will basically grant their interests.

Category: Personality Right, Media Law, Photo Law, Film Law, Entscheidungen

Doping offence: Public interest beats personality right

Publication date: 17/02/2010

22390 times read
 :: 12093 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 29/05/2009, file number: 324 O 1002/08

If a sportsman offends against the anti-doping regulations, the offence may be published. The plaintiff, member of the accused rowing club, offended against these rules, whereupon a warning to the sportsman was published on the homepage of the defendant. Herein the sportsman saw his general personality right injured. Nevertheless, the Regional Court of Hamburg did not share this view: Though the personality right is affected, however, in justified manner. In fact, there would be a public interest in this information, since doping offence is an important sports...

Category: Personality Right, Celebrities, Sports Law, Entscheidungen

No remuneration for a VIP's photo

Publication date: 17/02/2010

22411 times read
 :: 14642 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 04/12/2009, file number: 324 O 338/09

The bare publishing of a paparazzi photo does not mean that the photographed public figure “collects promotionally”. In this case a known German photographer considered that he could require royalty payments from the defendant, since the publication of the photo shows him by reading a known Sunday paper. Nevertheless, the Regional Court Hamburg did not share that opinion. In case of pure journalistic use of the picture, the photographed cannot claim for remuneration. 

Category: Media Law, Photo Law, Celebrities, Personality Right, Press Law, Entscheidungen

Viewing child pornography on the Internet is punishable by law

Publication date: 16/02/2010

11178 times read
 :: 7240 Votes  

Press release of OLG Hamburg (Higher Regional Court Hamburg) about the judgement of 15/02/2009

According to a revision judgement of the Higher Regional Court of Hamburg, deliberate and intended viewing of internet sites containing child pornography is punishable by law. The Higher Regional Court of Hamburg extended the concept of possession of the § 184b paragraph 4 StGB (Criminal Code) including also the downloading of files from the internet in the cache of the browser in that definition.

Category: Internet Penal Law, Youth Protection, Internet Law, Press Releases, Entscheidungen

Kraft has snitched – Summary proceedings against coffee roasters because of price agreements

Publication date: 15/01/2010

34011 times read
 :: 21122 Votes  

As the Federal Cartel Office has informed, the food giant Kraft Food Deutschland GmbH provided with essential information in the preliminary proceedings against the three most important German coffee roasters; Melitta, Dallmayr and Tschibo. Just before Christmas, the Federal Cartel Office imposed a fine of 160 million euro to the three coffee roasters.

Category: Entrepreneurial Activity, Anti-Trust Law, Celebrities, Consumer Law, Unfair Competition Law, Price Quotation, Food Law, Entscheidungen
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