Kommunikation & Recht: right to forbearance of future recordings

Publication date: 20/05/2010

6412 times read
 :: 4480 Votes  

Comment of the lawyers Hagen Hild and Jörg Khöber

Comment of the lawyers Hagen Hild and Jörg Khöber for the June-edition of the legally specialized magazine Kommunikation & Recht, about the judgement of the OLG Düsseldorf (Higher Regional Court Düsseldorf) of March 8, 2010, file number about the topic: Admissibility of audio-visual recordings in medical practices and the right to forbearance of future clandestine recordings.

Category: lawfirm.biz intern, Interviews

New withdrawal instruction from June 11, 2010

Publication date: 11/05/2010

13487 times read
 :: 8717 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

14165 times read
 :: 9285 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

15635 times read
 :: 9834 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

Copyright in the area of architecture and engineering

Publication date: 27/04/2010

15858 times read
 :: 9452 Votes  

Every single day, the industry must fight against the spreading of pirate copies of copyrighted works. Especially the use of file sharing networks – in which music files, films or computer programs are made available for the mass-market unauthorised and free of charge – gets the right holder. Further one meets in nearly all areas of the internet the phenomenon that, via copy & paste, copyrighted pictures or texts may simply be used without the approval of the real originator. This originates several infringements of the rights of the creator of those works.

Category: Copyright Law, Architects Copyright Law, Article, Entscheidungen

Violation of the personality rights through unallowable installed supervision cameras

Publication date: 22/04/2010

21710 times read
 :: 11255 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

41219 times read
 :: 19568 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

“Der Hausmeister” without copyright notation

Publication date: 16/04/2010

10108 times read
 :: 6427 Votes  

Judgement of LG Bielefeld (Regional Court Bielefeld) of 13/04/2010, file number: 4 O 293/06

It is agreed that the use of a logo is allowed only with a suitable copyright notation so that the originator of the logo can claim for compensation in case of offence. In the legal action of the Regional Court Bielefeld, a graphic artist, who agreed to make available the logo “Der Hausmeister”, complained that in case of using the logo, a well recognizably ©-Copyright notation with the name of the plaintiff shall be attached. However, the defendant used the logo on his company car as well as on his Internet site without the agreed notation. Consequently, a...

Category: Copyright Law, Advertising Law, Entscheidungen

German Law also applied to the New York Times

Publication date: 07/04/2010

27154 times read
 :: 16299 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

32627 times read
 :: 21269 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

Kino.to

Publication date: 08/03/2010

30323 times read
 :: 19372 Votes  

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

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

Relevance of the anti-trust law for the middle class

Publication date: 08/03/2010

18119 times read
 :: 9628 Votes  

The European Anti-trust Law which has widely adapted to the German one, serves the protection of the genuine competition and the prevention of restraints of trade. The subject of protection is no other as the end user who profits, e.g., from a huge number of suppliers at the market and whom the cartel-illegal method damages, e.g., standardised high prices of the industrial giants on the basis of confidential agreements.

Category: Anti-Trust Law, Article, Economy + Labour & Taxes

1&1: Questionable data clause by online order

Publication date: 24/02/2010

19905 times read
 :: 14571 Votes  

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

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

Childhood photos on movies only with approval

Publication date: 19/02/2010

17651 times read
 :: 12490 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

24585 times read
 :: 12156 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

22525 times read
 :: 14674 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

11238 times read
 :: 7266 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

The Opel lightening and the toy car

Publication date: 18/01/2010

12100 times read
 :: 8370 Votes  

Press Release of BGH (Federal Supreme Court) nr. 09/2009 about the judgement of 14/01/2010, file number: I ZR 88/08

Opel has tried to prohibit the use of the protected lightening on model cars. The Federal Supreme Court denied the rights which are usually conceded within the scope of trademark protection. On the one hand, there is no danger of confusion between the model cars and the real vehicle; on the other, the consumer perceivers the model car as a reproduction of the brand in the shape of a toy and not as an indication of origin or company labelling.

Category: Trademark Law, Danger of Confusion, Company Labelling, Press Releases, Entscheidungen

CCCP and DDR: No trademark infringement on clothes imprint

Publication date: 18/01/2010

10664 times read
 :: 7259 Votes  

Press Release of BGH (Federal Supreme Court) nr. 10/2009 about the judgement of 14/01/2010, file number: I ZR 82/08

Third parties are allowed to imprint on clothing symbols and writings of former Eastern Bloc as for example “CCCP” (USSR) including hammer and sickle, though these signs are protected as trademark for clothing. However, the imprint of the signs does not represent any Trademark infringement since it does not offend any trademark rights of the trademark holder. The imprints are not realised as origin of the products or as company labelling or branding; but just as decorative element.

Category: Trademark Law, Company Labelling, Press Releases, Entscheidungen

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

Publication date: 15/01/2010

34257 times read
 :: 21206 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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