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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.
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.
Decision of OGH (Austrian Supreme Court) of 20/05/2008, file number: 17 Ob 3/08b
Also the Austrian Supreme Court deals with the question whether the use of a brand as a Keyword in the advertisement on the hit lists of searching machines should be left to the trademark owner, the case has been presented to the European Court of Justice for a preliminary decision. Besides it is doubtful whether the danger of confusion could be excluded if the advertisement is or is not performed in the hit list.
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.
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.
