LawyerIT: IT Law

Art. 3 Abs. 1 Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society must be interpreted, that to answer the question, whether the setting of hyperlinks to a website to works, which are freely accessible on another website without permission of the copyright holder, constitutes a 'public' within the meaning of that provision, is to be determined, whether the links non-profit by someone, did not know the unlawful publication of works on the other site, or could not reasonably know, were provided or if the links were rather provided for profit, being in ..,de.

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.

a) Effective consent to telephone advertising within the meaning of § 7 Abs. 2 No.. 2 Fall 1 UWG is not available, if the consumer is confronted with a complex procedure for deselecting partner companies listed in the list when declaring consent, that can make him do it, to refrain from exercising this choice and instead to leave the choice of advertising partner to the entrepreneur. The consumer does not know due to a lack of knowledge of the content of the list and without exercising the right to vote, the products or services of which entrepreneurs recorded the consent, there is no consent for the specific case. b) § 15 Abs. 3 Set 1 TMG is with a view ...