The statement brings in the relevant public the impression, that Internet radio operators by virtue of a license from the S… ability to emit and the technical infrastructure of the defendant Internet Radio in Germany, arise without the payment obligations inter alia to the applicant and the position taken by their performers and phonogram producers.

In fact, however, leads to internet radio operator in Germany, such a payment obligation under § § 78 Abs. 2 No.. 1, 86 Copyright Act. The question, whether in cross-border issues arising from performance rights are, directed according. Art. 8 VO 864/07 under the law of the country, is sought for the legal (Land protection). The legal protection of the country also determined, fall which acts as recovery actions under a recognized property right of him (BGH GRUR 2003, 328, 329). Because here in Germany, acts of infringement be asserted, German law is applicable. Make German Internet radio operators – as advertised in the impugned statement – available their program on the technical infrastructure of the defendant will stream live over the Internet in Germany, grab them (also) in Germany in the existing performance rights of performers and phonogram producers an, even if the server is the defendant in K… is. For the question of the place of injury is crucial intended Abrufort (vgl. ECJ, Judgment of 1810.2012 zum Az. C-173/11). This is the case here in Germany.

LG Hamburg vom 10. January 2013 315 The 540/12 – Intenetradio free

Tenor

I. By way of a preliminary injunction – because of the urgency without a hearing – the defendants is under threat from a court to be determined for each case of infringement and money order for the case, that this can not be recovered, a detention order or a detention order for up to six months (Money order in individual cases exceeding € 250.000,00; Administrative detention of no more than 2 Years)

prohibited,

to advertise as follows:

“Hallo S… Customers and Partners;

I can proudly report that S… (S… the… C…,Authors and Music Publishers of Canada) and S… received a partnership, which S… ONLY for global hosting provider of multi-media streaming services makes the rate of the 22 Broadcasting license is covered!

What does that mean for you?

1. Tariff 22 is cheaper! We pay less for the license and can pass on these savings to our customers!

2. Tariff 22 is recognized worldwide and enjoys 100% the Rueckendeckung the c… Government!

3. Tariff 22 pays the artists and composers. NOT the record companies!

4. Tariff 22 corresponds 100% with the existing S… License. That is, for it changes absolutely nothing on your website or radio!

To celebrate this new partnership, we are from the 1. November 2012 our

monthly S… Hosting prices at LEAST 10% lower for ALL customers and partners ALL!

For all who want to come on board and now we have more upgrading 25% Discount on the first month AND FREE Setup! Simply the promo code … use when ordering!

Now you can SoundExchange, G…, genuinecast/s…de and all the other license unscrupulous thieves and illegal SHOW hosting companies that you send them legally and forever MOUTH PLUG! No unpleasant and threatening letters and emails more. Never again will you have to let yourself abuse as a pirate radio station! ALL S… Customers and partners about our flaechendeckende license to 100% of C… Government is covered and protected for the benefit of 100% renown S… License!

Please do not hesitate to contact us back before over support @ s…com or visit our website at www.s…com to visit, for more information.

More about S… (www.s…as)

S… is NOT a club like SoundExchange, G… , G… or A…. It is a non-profit organization with the c… Copyright Board is working.

S… does not represent the record companies and have no representative thereof in their committee.

S… go represents artists and composers and their fees taken, less the expenses, only these.

S… will be used against all official and unofficial licensing agencies for you.

Values ​​S…he, please share this information on your website, Its S… Media Sites wie … etc and also in all the forums.”

II. The cost of the procedure, the defendant as joint debtors after an argument value of EUR 100.000,00 to wear.
Rationale

The request for a preliminary injunction is allowed. The Hamburg Regional Court, according to § 32 ZPO responsible, because the alleged statement about the … Internet presence of the defendant can be found in Germany and is also intended for local call.

The application for the interim injunction was also success on the merits. The available claim arises from § § 3, 8, 5 S. 1, S. 2 No.. 1, 3 UWG. The offending statement is misleading, because the impression aroused by it not true.

The statement brings in the relevant public the impression, that Internet radio operators by virtue of a license from the S… ability to emit and the technical infrastructure of the defendant Internet Radio in Germany, arise without the payment obligations inter alia to the applicant and the position taken by their performers and phonogram producers.

In fact, however, leads to internet radio operator in Germany, such a payment obligation under § § 78 Abs. 2 No.. 1, 86 Copyright Act. The question, whether in cross-border issues arising from performance rights are, directed according. Art. 8 VO 864/07 under the law of the country, is sought for the legal (Land protection). The legal protection of the country also determined, fall which acts as recovery actions under a recognized property right of him (BGH GRUR 2003, 328, 329). Because here in Germany, acts of infringement be asserted, German law is applicable. Make German Internet radio operators – as advertised in the impugned statement – available their program on the technical infrastructure of the defendant will stream live over the Internet in Germany, grab them (also) in Germany in the existing performance rights of performers and phonogram producers an, even if the server is the defendant in K… is. For the question of the place of injury is crucial intended Abrufort (vgl. ECJ, Judgment of 1810.2012 zum Az. C-173/11). This is the case here in Germany.

For such communication to the public is the performer or phonogram producer or. at the sale of the rights to the respective collecting societies, u.a. the applicant, then a compensation claim against the final ends (§ 78 Abs. 2 No.. 1 Copyright Act, § 86 Copyright Act), So here against the German Internet radio operators to. This determination by the software provided by the defendants available autonomous in, when the content that is sent.