+EVB-IT
11th Nov 2013
The supplementary conditions of contract for the procurement of information technology, EVB-IT, delivery system, Creation, Purchase,Services, Transfer, Maintenance & Nursing care

The supplementary conditions of contract for the procurement of information technology, EVB-IT, delivery system, Creation, Purchase,Services, Transfer, Maintenance & Nursing care

The supplementary conditions of contract for the procurement of information technology (EVB-IT) solve the Special Conditions for the purchase of computer equipment and devices (BVB) in part on. Other new conditions will follow. Since 1972 were gradually the seven types of contract “Special conditions of contract for the procurement of IT services (BVB)” introduced as purchasing conditions of the public sector in the procurement of data processing systems and equipment. On behalf of the Cooperation Committee Automated Data Processing for the Federal / Countries / Local area (KoopA-ADV) A working group of the public sector under the auspices of the Federal Ministry of the Interior new, BVB detaching contract types (Additional terms and conditions for the procurement of IT services, EVB-IT) developed. EVB-IT system delivery EVB-IT system creation EVB EVB-IT-IT-IT services purchase EVB EVB-IT ...

+Warning
01st Nov 2013
Scope of an anthology, is the intrinsically creative selection or arrangement of the elements

Scope of an anthology, is the intrinsically creative selection or arrangement of the elements

a) In determining the scope of a collecting station is to be noted, that the protection under § 4 Abs. 1 In the Copyright Act is intrinsically creative selection or arrangement of the elements. b) An infringement of copyright in a collective work can therefore only be accepted, if the damaged work contains those structures in terms of selection and arrangement of the substance, which the collective work as a personal intellectual creation within the meaning of § 4 Identify Copyright Act. The part taken over must therefore be largely as an expression of individual choice Conception of the author of the anthology, that he is still under a § 4 Copyright Act is independently protectable part of his anthology (Confirmation of references omitted 172, 268 Rn. 25 f. Poem title list ...

+Art. 10 MRK
14th Oct 2013
The liability of a news portal operator for publishing illegal user comments even though he had the comments removed quickly, does not constitute a violation of Art 10 MRK shows after he been advised of the illegal contents of the anonymous comments

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

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.

+Warning
10th Jul 2013
The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 Abs c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 lit c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 lit c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

+Warning
05th Jun 2013
Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Press release of the Federal Court No.. 090/2013 from 16.05.2013 Shall submit to the Federal Court of Justice of the European Union to the question of the admissibility of copyright “Framing” our There u.a. I responsible for copyright. Civil Senate of the Bundesgerichtshof has referred the matter to the Court of Justice of the European Union, whether the operator of a website penalized for an infringement of copyright, if he copyrighted content, which are publicly available on other websites, by means of “Framing” integrates into its own website. The applicant, manufactures and sells water filtration systems, made for advertising purposes a about two minutes long film entitled “The reality” manufacture, which deals with water pollution. It is the proprietor of the exclusive utilization rights to this film. The film was –...

+Warning
04th Jun 2013
Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

The requirement of § 5a Abs. 3 No.. 2 UWG, specify the identity and address of operator, In the entry, the business operated by the branch addresses is not enough. Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business". Art. 7 IV lit. b UCP Directive speaks of the "address and the identity of the trader". These rules are intended to ensure, that the consumer is clear and unambiguous information about the underlying, with whom he comes into contact business, so that he can take contact without difficulty and without further investigation effort by providing companies (vgl. OLG, WRP 2011, 1213, 1214, OLG Dusseldorf, Urt. in. 02.10.2012 – I-20 U...

+Warning
09th May 2013
“Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff

“Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff

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, welche Handlungen als Verwertungshandlungen unter ein von ihm anerkanntes Schutzrecht fallen...

+Warning
15th Apr 2013
Press Law

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG. Communication media has different sides. You can destroy the honor and reputation of a person unlawfully in a day. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. The same applies to a reporting Movie. In contrast, failure to, Reply, Pain and suffering, Indemnification, or – exceptionally – the revocation to be an effective means. However, negative reporting has not always legally geandet. Even successful processes can have negative consequences in light of their new visibility. We check the property- and legal ...

+ADR
15th Apr 2013
Domain arbitration before WIPO (UDRP) and ADR

Domain arbitration before WIPO (UDRP) and ADR

Basics of Domain Arbitration: There are based on German law, no separate arbitration- or arbitration for domain law. Exist particularly in the area of ​​domain name disputes for certain domains various arbitration, such as the WIPO arbitration (World Intellectual Property Organisation), built on the basis of the ICANN UDRP Rules. Such intellectual property offices in resettled arbitration to decide today, however, more favorable to copyright holders; Moreover, method and content of the award are limited. Thus, no damages may be awarded, for example, often. Unlike the UDRP process specific ADR procedures are designed for single top-level domains, which differ substantially in some cases from the UDRP Rules. So there is using the. European ADR a special arbitration, its. eu ADR rules and ...

+Lawyer
15th Apr 2013
Domain Law

Domain Law

Basics of domain name law: Domains can be addressed in different spellings, namely as a particular numerical IP numbers (eg 192.168.1.1) or letters (eg dieDomainrechtler.de). "DieDomainrechtler.de" set the Domain Names dar, the underlying IP number is not relevant to this legal view of the domain name, but for the technical understanding and use of the domain name. Using the domain name is a unique identification of devices within a particular computer network. In particular, the identification of an Internet domain name server that were – similar to a trademark – introduced and have become established. The domain name as such has nothing directly to do with the contents of a web presence and consequent rights issues. Rather, the domain name will replace only a very first IP number,...

+Warning
15th Apr 2013
Privacy law

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent. The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application. In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). The state data protection laws apply to the processing of personal data by public authorities and other public bodies of the state and municipalities ...

+Warning
09th Apr 2013
Why are we involved in IT-/TK-Recht?

Why are we involved in IT-/TK-Recht?

We know the IT-/TK-Branche of our clients as well as by the special off- and training of our Lawyers. Thus, since we now have 16 Years active in the field of IT-/TK-Rechts Attorney Dipl.-Ing. Michael Horak graduated alongside his jurisprudential studies such electrical engineering with appropriate emphasis in the areas of information technology / telecommunications. Of course we know the terminology and industry relationships. In addition, we are able in particular complicated technical issues as the other institutions of the justice prepare, that the actual technical problems can be recognized and honored accordingly. Accurate and fast we can tap into, what matters. What services we offer? The entire right of information technologies and telecommunications, including the ...

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