LawyerIT: IT Law

BGH judgment of 14. January 2020 – VI ZR 496/18 (u.a.) – yelp.de facts: The applicant takes account of their evaluation display on an Internet portal whose operators to cease and desist, Detection and damage claims. The defendant operates the Internet at www.yelp.de a Review Portal, rate in the company, registered users by awarding one stars up to five and a text. The Internet portal displays all user contributions and classifies them automatically by software and daily without manual control as either “recommended” or as “(currently) not recommended” on. When you call a company are up to five stars displayed with its name and presentation, the average of the award in the “recommended”...

BGH judgment of 24. August 2016 – VIII ZR 182/15 The applicant, a civil law, allowed it the son of her manager (below: H.), set up a user account on the internet platform eBay for them. In January 2012 offered the defendant on eBay a used motorcycle of Yamaha in the way of a ten-day Internet auction with a starting price of 1 € for sale at. H. accepted the offer, wherein a he (Maximal-) Bid of 1.234,57 € gave. As the defendant, the auction for falsely registered Artikelmerkmale the first day broke, war H. remained the only bidder. Shortly afterward the defendant the motorcycle with corrected information again at ..,de.

The liability of a news portal operator for publishing illegal user comments even though he had the comments removed quickly, after he has been advised of the illegality, does not constitute a violation of Art 10 MRK dar.