Liability for web search engines hits

Publication date: 25/03/2009

17138 times read
 :: 10650 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 08/07/2008, file number: 27 O 536/08

A web page operator has to provide for the fact that personality-abusive statements disappear completely from his Internet offer. Therefore he is also obliged to block any web search engine hits not to show them.

Category: Internet Law, Domain Law, Liability, Web Search Engine, Entscheidungen

Significant communicative device features for delusive advertisement

Publication date: 06/03/2009

13281 times read
 :: 9073 Votes  

Judgement of BGH (Federal Supreme Court) of 11/09/2008, file number: I ZR 58/06

Advertisement is delusive for the consumer when the average consumer is not able to gain essential information from the advertisement. The significant communicative device features shall be considered. In case of television commercials, the consumer should consider audio-, as well as video information. (§5 paragraph 2 clause 1 UWG – Fair Trade Law; article 7 paragraph 1 and 3 of the guideline 2005/29/EG about unfair business internships).

Category: Advertising Law, Unfair Competition Law, Pharmaceutical Law, Internet Law, Entscheidungen

Damages with no plausible legal position

Publication date: 06/03/2009

11135 times read
 :: 5858 Votes  

Judgement of BGH (Federal Supreme Court) of 16/01/2009, file number: V ZR 133/08

A contradicting party, which requires from the other contracting party something that according to the contract is not owned, or which executes a right to alter a legal relationship that does not exist, violates its obligation to thoughtfulness according §241 paragraph 2 BGB (German Civil Code) and acts contrary to duty according to §280 paragraph 1 clause 1 BGB (German Civil Code).

Category: Law on Sales, Internet Law, Entscheidungen

Blameless liability of ebay account owners

Publication date: 02/03/2009

18473 times read
 :: 12125 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

12268 times read
 :: 7802 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

18514 times read
 :: 13347 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...

Category: Internet Law, eBay Law, Entscheidungen

"The fastest supplier DSL all over the country!"

Publication date: 27/02/2009

18272 times read
 :: 12894 Votes  

Judgement of LG Köln (Regional Court Cologne) of 25/09/2008, file number: 84 O 15/08

The advertisement of a telecommunication supplier, that it offers itself as the fastest DSL connection in the federal territory is unfair according to §§3, 5, 8 UWG (fair trade law), it is misleading for the general consumer.

Category: Internet Law, Telecommunication law, Consumer Law, Advertising Law, Unfair Competition Law, Comparative Advertising, Entscheidungen

Erroneous IP address mistake

Publication date: 26/02/2009

25449 times read
 :: 14822 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 21/11/2008, file number: 310 S 1/08

The invoicing enterprise, due to wrong solicitor information, must not pay the costs of any lawyer's fees for the counter warning letter of the erroneous opposing party, as long as it does not represent any takeover negligence. Particularly, the defendant enterprise may trust the solicitor advice. Because of an erroneous mistake of the IP address by the Internet provider, the plaintiff was accused to offer predominantly music files on the Internet without approval of the right holders.

Category: IT Law, Internet Penal Law, Warning letter, Procedural Law / Costs, Entscheidungen

Sex and the city - no broadcast before 20:00 o'clock

Publication date: 26/02/2009

16339 times read
 :: 7970 Votes  

Judgement of VG Berlin (Administrative Court Berlin) of 28/01/2009, file number: VG 27 A 61.07

With the broadcast of an episode of the serie „Sex and the city “ before 20.00 o'clock ProSieben has offended against the Protection of Young Persons Act, because it could possible prejudice the development of children under 12 years, according to the youth medium protection agreement between the Federal States (JMStV). With these grounds the administrative court Berlin has rejected the claim of the television broadcasting station against an objection decision of the media institution of Berlin-Brandenburg (MABB).

Category: Youth Protection, Media Law, Entscheidungen

To the admissibility of the Adword advertisement with Google

Publication date: 16/02/2009

11171 times read
 :: 7448 Votes  

Judgement of BGH (Federal Supreme Court) of 22/01/2009, file number: I ZR 125/07

In three announced decisions, the I civil court of appeal of  the Federal Court of Justice, responsible for Trademark Law, has got involved with trademark jurisdiction judgement on the use of external signs as keywords to trigger the display on sponsored ads in the search engine operator Google (so called Adwords).

Category: Internet Law, Trademark Law, AdWords, Entscheidungen

Trade union advertising by e-mail

Publication date: 11/02/2009

20843 times read
 :: 14000 Votes  

Judgement of BAG (Labour Court) of 20/01/2009, file number: 1 AZR 515/08

A rate-responsible trade union is allowed to send advertisement and information to employees to their official e-mail address, even if the employer has prohibited its private use.

Category: Telecommunication law, Economy + Labour & Taxes, Labour Law, Internet Law, IT Law, Press Releases, Entscheidungen

Production of an itimised bill may not be made dependent by payment

Publication date: 02/07/2007

16638 times read
 :: 11885 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 02/07/2003, file number: 26 O 78/03

The regional court Berlin has decided about the customer requests for an itimised bill, although he has not done this before the decisive accounting period, that, this itemisation of the connecting dates cannot be dependent to a previous payment of the remuneration, according to §16 TKV (Telecommunication Act).

Category: Dialer Law

No content control of the clauses in case of authorised collective pay structures by the Federal Network Agency

Publication date: 24/05/2007

12295 times read
 :: 7989 Votes  

Judgement of BGH (Federal Supreme Court) of 24/05/2007, file number: III ZR 467/04

The clauses which are a component of one of the regulation authority for telecommunications and post (now federal net agency) of authorised collective pay structures for the granting of a net access are not defeated by the content control after §§9 to 11 AGBG – General Terms and Conditions Act (now §§307 to 309 BGB – German Civil Code); continuation of the senate judgement of July 2nd, 1998 - III ZR 287/97.

Category: Dialer Law, Telecommunication law, News & Judgements 2007, Internet Law

Burden of proof distribution for correctness of the telephone bill using added value services

Publication date: 05/04/2007

13692 times read
 :: 9343 Votes  

Judgement of OLG Koblenz (HRC Koblenz) of 05/04/2007, file number: 2 U 42705

The subscriber network operator has no original entitlement to remuneration for the added value services from a customer who dialled a 0190 number...

Category: Dialer Law, Telecommunication law, Consumer Law, News & Judgements 2007, Internet Law
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