Berliner Kurier interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

141441 times read
 :: 26545 Votes  

Berliner Kurier interviews on November 15, 2012 certified lawyer Julian N. Modi, LL.M. about the decision of the Federal Supreme Court, file number I ZR 74/12, regarding the liability of parents regarding illegal file sharing of their minor children.

Category: Warning letter, Abmahnkosten, Abmahnung Rechteinhaber, Indemnity, Internet Law, File Sharing, Liability, Media Law, Music Law, lawfirm.biz intern

Titelschutz Journal

Publication date: 08/02/2012

53726 times read
 :: 40730 Votes  

Dispatch on February 2, 2012 about the sentence of the Regional  Court Düsseldorf, file number: 4 O 137/97.

Category: Industrial Property Protection, Liability, Trademark Law, lawfirm.biz intern

The latest rumour – the Financial Times Deutschland interviews lawyer Alexander Wagner

Publication date: 02/09/2011

23259 times read
 :: 15288 Votes  

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.

Category: Liability, social network service, lawfirm.biz intern, Interviews, Indemnity, Media Law, Press Law

Hotel owner is not liable for copyright infringement of his guests

Publication date: 04/07/2011

18823 times read
 :: 10863 Votes  

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.

Category: Warning letter, Internet Law, Liability, Copyright Law, Entscheidungen

As Internet connection holders, parents are liable for their (teen) children

Publication date: 12/01/2011

71670 times read
 :: 32250 Votes  

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.

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

YouTube liable copyright infringement through video clips

Publication date: 25/10/2010

15372 times read
 :: 8148 Votes  

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. 

Category: Internet Law, Liability, Media Law, Top Decisions, Entscheidungen, Judgements

The lawyer has the duty to check the extensions of time

Publication date: 12/01/2010

18562 times read
 :: 7917 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

24743 times read
 :: 14838 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

Visualised links can infringe against personality rights

Publication date: 26/10/2009

41518 times read
 :: 26172 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

Searching machines and links with abusive content

Publication date: 23/09/2009

18304 times read
 :: 10677 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

58098 times read
 :: 38278 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

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

Publication date: 24/08/2009

196101 times read
 :: 26043 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

87033 times read
 :: 24206 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

Due diligence for integrated videos

Publication date: 30/06/2009

10440 times read
 :: 7128 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

Liability in case of cash card misuse

Publication date: 18/06/2009

19812 times read
 :: 13431 Votes  

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)....

Category: Liability, Consumer Law, Economy + Labour & Taxes, Entscheidungen

Liability for Thumbnails in web search engines

Publication date: 14/04/2009

30074 times read
 :: 22091 Votes  

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.

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

Looking forward to new colours

Publication date: 30/03/2009

18212 times read
 :: 12361 Votes  

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.

Category: Internet Law, Long Distance Sales Act, Liability, Consumer Law, Press Releases, Entscheidungen

Liability for web search engines hits

Publication date: 25/03/2009

20288 times read
 :: 12767 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

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