Liability

Whispering in the stock market can bring the stock quotes to collapse in short time. News spread non-braked around the globe through Facebook, Twitter & Co. Is the person who started the rumour liable for the damages? Financial Times Deutschland interviews lawyer Alexander Wagner about the legal situation and liability of the ones who manifest an opinion and of the ones who repeat it.

Judgement of LG Frankfurt / Main (Regional Court Frankfurt / Main) of 18/08/2010, file number: 2-6 S 19/09

The owner of a hotel who offers to his guests an encoded network that meets the statutory requirements cannot be held as responsible for copyright infringements caused by his guests. Due to the existing codification, which safeguards against copyright infringements by third parties, the owner does not meet any further duties.

Decision of LG Köln (Regional Court Köln) of 01/12/2010, file number: 28 O 594/10

According to the Regional Court of Cologne, the fact of the regular reporting should have met the public consciousness that, by handing over an Internet connection to thirds, right infringements are not implausible. Therefore, parents must ensure, through consistent performance of their duties, that copyright infringements do not occur.

Judgement of LG Hamburg (Regional Court Hamburg) of 03/09/2010, file number: 308 O 27/09

YouTube is liable for the contents of videos anonymously uploaded, which infringes the copyright law. This follows from the principle “to make one’s own” foreign contents since from the point of view of an objective observer, the videos can be understood as from the internet platform itself. 

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.

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.

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.

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.

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.

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.

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.

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.

Judgement of AG Frankfurt/Main (Local Court Frankfurt /Main) of 26/05/2009, file number: 30 C 2223/08-45

In case of the cash card misuse, a bank is not allowed to appeal because of  the circumstantial evidence if it restricts its customer the possibility to upset this (here: Destruction of the confiscated cash card, non-publication of the video recording of the offender)....

Judgement of LG Hamburg (Regional Court Hamburg) of 26/09/2008, file number: 308 O 248/07

Holding copyright pictures ready as "thumbnails" in the database of a picture search engine means a publicly accessibility in terms of § 19a UrhG (Copyright Act), which is not covered by copyright regulations and for which the picture search engine operator is liable as offender.

Decision of LG Coburg (Regional Court Coburg) of 27/02/2009, file number: 33 S 102/08

The one, who orders from catalogue selling, may trust on the fact that goods will be delivered as ordered. If the mail-order firm is not able to do this, it vouches for the customer for damages. Then he can require expenditure substituted which he has made relying upon the delivery. Condition: They are "in vain" for him because of the non-delivery.

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.