No reporting without concrete reason

Publication date: 15/01/2010

14774 times read
 :: 9758 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 29/09/2009, file number: 27 O 736/09

Without concrete and actual reason, the reporting about the state of health of a celebrity is inadmissible, since this concerns the main area of privacy. A known entertainer and comedy actress was seriously ill; this was compared in the media with the situation of host who was also ill. However, the illness of any third person who has no relation with the first mentioned person shows no “actual reason”, therefore, the reporting injures the general Personality Right.

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

The lawyer has the duty to check the extensions of time

Publication date: 12/01/2010

14351 times read
 :: 5222 Votes  

Decision of BGH (Federal Supreme Court) of 24/11/2009, file number: VI ZB 69/08

A court time extension must be checked by the lawyer, even if there is no reason for its acceptance and it is not expected to be granted.

Category: Liability, Entscheidungen

Parents are also liable for full aged children...

Publication date: 04/01/2010

16409 times read
 :: 9736 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 27/05/2009, file number: 12 O 134/09

... at least within the scope of the Internet access. The Regional Court Dusseldorf decided that the owner of an Internet connection can also be taken as responsible and liable on a cease and desist letter if a copyright infringement has been committed in a file sharing network by a full aged family member.

Category: Internet Law, File Sharing, Liability, Copyright Law, Entscheidungen

Warning costs in case of fixed book price offence

Publication date: 18/12/2009

14029 times read
 :: 8691 Votes  

Judgement of OLG Frankfurt/Main (Higher Regional Court Frankfurt/Main) of 11/12/2009, file number: 11 U 72/07

Those who deal reselling books without taking into account the fixed retail prices can be warned since that is an offence against the Fixed Retail Price Law. The Higher Regional Court Frankfurt/Main has limited the costs to a lump sum of 175 euro net.

Category: Media Law, Procedural Law / Costs, Unfair Competition Law, Internet Law, Entscheidungen

Disturbance liability limits of the web search engines

Publication date: 16/12/2009

11417 times read
 :: 7768 Votes  

Decision of Hamburg OLG (Higher Regional Court Hamburg) of 13/11/2009, file number: 7 W 125/09

A web search engine operator does not injure the personality rights of people if, as result of the searching, web sites are shown in which these people are characterised, for example, as murderer.  The web search engine operator is responsible for such an injury of the personality right only if he does not comply with his due diligence. If this happens, the obligation to remove the proofs or the web sites from the web search engine comes into consideration. This assumes that he has knowledge of the contents of certain web sites.

Category: Internet Law, Personality Right, Web Search Engine, Entscheidungen

About the advertisement of goods’ discount only if these are already on stock

Publication date: 14/12/2009

12451 times read
 :: 7210 Votes  

Press release No. 251/2009 of BGH (Federal Supreme Court) about the judgement of 10/12/2009, file number: I ZR 195/07

The advertisement for a discount on a certain day at the rate of 19% is a basically allowed marketing method. Nevertheless, if the discount is only valid for the goods which are already on stock and not for the products ordered on this day, this must be clear and unambiguously informed in the add to the consumer. If there is no clear hint to the restriction of that discount, the seller acts anticompetitive due to the offence against the transparency requirement.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Internet Law, Press Releases, Entscheidungen

Court competence by Internet publications

Publication date: 12/11/2009

12082 times read
 :: 7736 Votes  

Press release No. 227/2009 of BGH (Federal Supreme Court) about the decision of 10/11/2009, file number: VI ZR 217/08

The Federal Supreme Court allows  the  Europeam Court  of Justice to clear the question of the international court competence about forbereance regarding naming by the suppliers who are settled in another member state.

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

Personality rights cession

Publication date: 28/10/2009

89753 times read
 :: 17975 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 15/09/2009, file number: 7 U 1/09

There is a possibility to confer the own personality rights on third parties. This can happen, for example, after ending a contract. A complete cession of these rights is although not possible; a cession of, for example, commercial parts of single personality rights is allowed.

Category: Personality Right, Advertising Law, Entscheidungen

Visualised links can infringe against personality rights

Publication date: 26/10/2009

28070 times read
 :: 15880 Votes  

Judgement of LG Köln (Regional Court Cologne) of 17/06/2009, file number: 28 O 662/08

If a picture is shown in a people search machine not only as a pure hyperlink as but as “embedded content” on the Internet site, than this picture is a part of the mentioned side. Hence, the site owner must be entitled to the representation of that picture. Otherwise he spreads it illegally and exposes himself to be warned. The fact that the picture is not stored on the server of that site is unimportant.

Category: Warning letter, Link Liability, Photo Law, social network service, Entscheidungen

Rejected constitutional complaint against legally existing age verification obligation

Publication date: 22/10/2009

16414 times read
 :: 8024 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 24/09/2009, file numbers: 1 BvR 1231/04, 1 BvR 710/05, 1 BvR 1184/08

According to § 184 d StGB (Penal Code), suppliers of pornographic contents are responsible for ensuring through technical precautions that the pornographic content is not accessible for people under 18s. The age verification obligation is not inapplicable to protect minors against the negative influence of pornographic contents since these are freely available on the internet.  A law is already adequate to reach the aimed purpose when the reaching purpose is promoted.

Category: Internet Law, Internet Penal Law, Youth Protection, Media Law, Telecommunication law, Entscheidungen

Judicial proceeding after the warning letter

Publication date: 15/10/2009

8926 times read
 :: 5441 Votes  

Judgement of LG Frankfurt (Regional Court Frankfurt) of 12/08/2009, file number: 2-06 S 10/09

When a warned, for example of an offence against copyright, does not pay the warning costs of the opposing lawyers, these will normally demand the payment judicially. If the court finds the defendant guilty of such an offence, this must bear the claimed debit note.

Category: Warning letter, Internet Law, Trademark Law, Product Piracy, Entscheidungen

The right to one‘s own picture on film shoots

Publication date: 14/10/2009

11567 times read
 :: 7661 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 31/01/2008, file number: 27 O 1000/07

Basically every person can determine whether portraits from themselves can be used and published. This also concerns film shoots. Television broadcasting stations, which film people, must have the explicit approval from those people to emit the images. Even if these people tolerate the recording, it is not enough to emit the images if they do not give an explicit approval. In case that these images should be broadcasted anyway, the identity of the filmed people should be unrecognizable.

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

Gossip

Publication date: 14/10/2009

15138 times read
 :: 9566 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 20/08/2009, file number: 27 O 529/09

The Berlin district court confirms an injunction against a newspaper publisher due to an article in which the private sphere of a well-known singer was injured. The article informed about supposed rumours about an affair of the singer with a colleague. Spreading such suppositions about the love-life is inadmissible since the publication of such speculations lacked on information and therefore the interference in the private sphere of the singer was not justified.

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

Private wedding?

Publication date: 14/10/2009

14358 times read
 :: 9344 Votes  

Judgement of LG Köln (Regional Court Cologne) of 30/07/2008, file number: 28 O 148/08

A monetary indemnity of 15,000 € was assigned to the wife of a known television presenter due to the unjustified publication of the wedding ceremony on a magazine. The judges of the regional court Cologne explained the monetary indemnity with the fact that the plaintiff’s personality rights were considerably injured by the publication of the pictures. Pictures of the wedding, which she consciously planned excluding the public.

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

The air spy: About the right to one’s own picture

Publication date: 13/10/2009

15386 times read
 :: 10547 Votes  

Press release No. 44/09 of AG München (Local Court Munich) about the judgement of 19/08/2009, file number: 161 C 3130/09

Basically the right to one’s own picture protects everybody against unauthorized spreading of own images, including aerial photos of own property. Thus, the right to one’s own picture is not infringed if the images cannot be assigned to a certain address and no single person can be recognized.

Category: Media Law, Photo Law, Copyright Law, Design Law, Copyright-Photos, Consumer Law, Personality Right, Press Releases, Entscheidungen

Unbelievable, the invoice is legitimated!

Publication date: 12/10/2009

15395 times read
 :: 6897 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 28/08/2009, file number: 38 O 34/09

In a community of registered consumers, the invoices for the use of the network are charged after being informed about a change in the general terms and conditions which allows the chargeability. For the dishonesty of this demand it is not enough that this is based in a contract which is created by unfair methods. Through the sending of the unjustified demand, also the consumer has been used in his lack of experience or gullibility or in a dilemma.

Category: Consumer Law, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

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

Publication date: 02/10/2009

143437 times read
 :: 16868 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

Advertising emails without consent are an unacceptable annoyance

Publication date: 02/10/2009

16922 times read
 :: 10023 Votes  

Press release of AG München (Local Court Munich) about the judgement of 09/07/2009, file number: 161 C 6412/09

An enterprise that sends advertising emails to the e-mail address of a medical practice without consent infringes against the rights of the addressee and his protected business interest. The dispatch of such advertising mails creates an unacceptable annoyance for the receiver, who can demand an omission. The importunity is caused by the fact that the receiver must invest time and effort in sorting the unrequested e-mails.

Category: Internet Law, Consumer Law, Advertising Law, Unfair Competition Law, Bothersome Ads, eMail Advertising, IT Law, Press Releases, Entscheidungen

Searching machines and links with abusive content

Publication date: 23/09/2009

13507 times read
 :: 7470 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 11/03/2009, file number: 7 U 35/07

Searching machines must omit certain sides with abusive contents if the respective cease and desist letter of the affected person is based on specifically complained statements. The merely desire of the affected person to omit such links is not enough.

Category: Internet Law, Link Liability, Provider Liability, Web Search Engine, Entscheidungen

Old or new law firm?

Publication date: 22/09/2009

40005 times read
 :: 25917 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 11/08/2009, file number: 4 U 109/09

If an anew established law firm uses a letterhead or an Internet site in almost identical form as a closed lawyer’s society, just because one of the founders belonged to the former partnership, an unlawful misleading can be understood. Since, thereby, the closed society appears to exist furthermore.

Category: Warning letter, Industrial Property Protection, Liability, Entrepreneurial Activity, Right to the Use of a Name, Danger of Confusion, Entscheidungen
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