LawyerIT: IT Law

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+demolition hunter
05th Sep 2023
IT procurement briefly explained

IT procurement briefly explained

The awarding of IT projects is an important process, which is carried out by companies and public institutions, to find the best IT solutions for your needs. The IT procurement includes the tender, Evaluation and selection of IT service providers and products. The awarding of IT projects is an important process, which is carried out by companies and public institutions, to find the best IT solutions for your needs. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. A successful IT procurement requires careful planning and preparation. First, the requirements of the company or public institution must be clearly defined. This includes identifying the required IT solutions, the functionality, the performance and....

+Accountsperrung
30th Jul 2021
Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

Judgments 29. July 2021 – III ZR 179/20 and III ZR 192/20 Der III. Civil Division of the Federal Court held, that the terms and conditions of Facebook dated 19. April 2018 for deleting user contributions and blocking accounts in the event of violations of the communication standards set out in the conditions are ineffective. In any case, this is true, because the defendant provider is not obliged to do so at the same time, to inform the user about the removal of his contribution at least retrospectively and about an intended blocking of his user account in advance, to inform him of the reason for this and to give him the opportunity to respond with a subsequent new decision. If a user's contribution was deleted due to the ineffective terms and conditions and his account was temporarily blocked, Has...

+Accountsperrung
10th Jul 2018
Facebook may as “Hassrede” Delete classified comment and block users

Facebook may as “Hassrede” Delete classified comment and block users

The applicant is users of the Inter platform facebook. He commented in the past two to three years in at least a hundred cases, among other posts from politicians and the media with the sentence: "Refugees: interned for as long, until they voluntarily leave the country!“. until 28. More 2018 this sentence remained on facebook unopposed. On the night of 29. More 2018 deleted facebook this post, because it was contrary to their community standards, especially against their standards of "hate speech". In addition, Facebook blocked the applicant for thirty days from all activities. The claimant in the way of interlocutory, to prohibit facebook, To delete the quoted comment or to .. him because of this commentary on facebook.

RSS IP law

  • Intellectual Property: The invisible crown jewels of your company
    When Leon enters his office on this Monday morning, everything seems as usual: Coffee is steaming, the laptop hums, The whiteboard still shows the sketch of the last product idea. But then he reads the email. A competitor has brought a surprisingly similar product onto the market - including the name, Design and almost identical functionality. Leon Puls is in a hurry. "The […]
  • sorts & Plant Variety Protection – Why plants are more than just species
    When we talk about “varieties”., We don't just mean flowers or vegetables from the garden. From a legal perspective, varieties are economic values ​​that require protection, Property rights and economic importance. From seed to harvest, from breeder to dealer: The correct handling of varieties is essential - and regulated by law. What does “variety” mean in law?? […]
  • Ideas are worth gold - if you protect them.
    Why intellectual property (IP) Your most important capital can be - and how the iPblog helps you have an ingenious invention, A unique design or a strong brand concept? Then they already have more than many others - but: Only those who have their intellectual property (IP) protect, evaluated and cleverly administered, also has real economic benefits from it. […]
  • The legal side of IT compliance
    The legal side of IT compliance

    horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. In the area of ​​the IT landscape, legal regulations prevail, internal and contractual regulations. In corporate management, we can use the term IT compliance to describe compliance with regulations. Compliance means only in itself, that the applicable legal rules and recognized social values ​​and norms are always observed in the context of all corporate activities. Already in the light of the existing regulation density for companies and entrepreneurs, cross-border activities, Due to the increasing regulation and in particular the special liability for the management bodies, every company today has to operate a compliance management system. Lawyer Dipl.-Ing. Michael Horak, LL.M. Risky areas of IT compliance In particular, the...

  • Development, sale, Use and protection of software
    Development, sale, Use and protection of software

    Software law covers the legal aspects related to development, the sale, the use and protection of software. In today's digital world, software law plays an increasingly important role, because software is used in almost all areas of life. A central aspect of software law is copyright. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. Software is considered intellectual property and is protected by copyright. This means, that the developer has the sole right, to reproduce the software, to spread and change. Any unauthorized use or distribution of software may constitute a copyright infringement and result in legal consequences. About it...

  • Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein
    Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein

    a) Der lauterkeitsrechtliche Schutz eines durch Allgemeine Geschäftsbedingungen ausgestalteten Ge-chäftsmodells vor gezielter Behinderung im Sinne von § 4 No.. 4 UWG durch Missachtung der Geschäfts-bedingungen setzt grundsätzlich voraus, dass die missachteten Geschäftsbedingungen in die Verträge des Verwenders einbezogen werden und der Inhaltskontrolle standhalten. This also applies, wenn der Hersteller, Vertreiber oder Veranstalter eines Spiels in seinen Allgemeinen Geschäftsbedingungen die Spielregeln niedergelegt hat. Er verdient den lauterkeitsrechtlichen Schutz vor einer gezielten Behinderung durch einen Verstoß gegen die Spielregeln nur, wenn diese Spielregeln rechtlich verbindlich sind (Fortfüh-rung von BGH, Judgment of 30. April 2014 – I ZR 224/12, Wheat 2014, 785 Rn. 32 = WRP 2014, 839 – Flugvermittlung im Internet)....

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