LawyerIT: IT Law

19th Sep 2016

An Internet client can exercise a due to erroneous calculation with a significantly low price excellent contract according to § 242 BGB in any case not invoke the Treaty, if he has the faulty Pricing positively recognized upon conclusion and implementation of the contract is unreasonable for the seller par excellence.

1. Whether an email sent to the customer automatic response in addition to the knowledge of the Declaration § 312i Abs. 1 No.. 3 BGB also includes any operation designed to contract acceptance declaration of intent, is by design to §§ 133, 157 identify BGB. 2. One with "order confirmation" overridden automatic email, a knowledge statement according to § 312i Abs. 1 No.. 3 BGB includes, is regularly interpreted as aimed at the contract acceptance declaration of intent at the same time. 3. The knowledge in a statement according to § 312i Abs. 1 No.. 3 BGB statement set "Thank you for your order. We will process your order immediately. "Leaves in interpreting regularly to the conclusion, dass damit zugleich eine auf...

+Warning

12th Jul 2016

Chargeable value added services number in Contacts infringes TMG and is therefore anti-competitive.

The providers of telemedia services, indicating a chargeable value-added service number on its website as a possibility for a contact in addition to his e-mail address, thus providing no further communication available, of the requirements of § 5 Abs. 1 No.. 2 TMG corresponds to effective communication: For a reconciliation of the establishment of a value-added service number with § 5 Abs. 1 No.. 2 TMG and Art. 5 Abs. 1 BUCHST. c of Directive 2000/31 / EC initially speaks the text of those provisions, with indication of contact information quick, to enable direct and effective communication. As the Court of Appeal rightly pointed out, können über den üblichen Verbindungsentgelten liegende und von der vom Anrufer einer Mehrwertdienstenummer nicht immer beeinflussbaren...

+Lawyer

23rd Oct 2015

Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

1. Art. 2 Abs. 1 BUCHST. c of Council Directive 2006/112 / EC of 28. November 2006 on the common system of VAT is to be interpreted, standing that transactions such as those at issue in the main proceedings, consisting Exchange conventional currencies in units of virtual currency "Bitcoin" and vice versa, which are executed for an amount, corresponding to the margin, represented by the difference between the price, to which the economic operator concerned buys currencies, and the price, at which he sells them to its customers, is formed, constitute paid services provided for the purposes of that provision. 2. Art. 135 Abs. 1 BUCHST. e of Directive 2006/112 must be interpreted, that services such as ...

+Warning

28th Jul 2015

(Unterlassungs-)Haftung von YouTube bzw. Google aus dem Gesichtspunkt der sogenannten Störerhaftung bejaht.

Haftung von YouTube bzw. Google aus dem Gesichtspunkt der sogenannten Störerhaftung bejaht. Danach sind die Betreiber von Internetangeboten wie YouTube im Ausgangspunkt zwar nicht verpflichtet, die von ihnen übermittelten und gespeicherten Informationen zu überwachen oder nach Umständen zu forschen, die auf eine rechtswidrige Nutzertätigkeit hindeuten. Wird allerdings ein solcher Dienstanbieter auf eine klare Rechtsverletzung hingewiesen, muss er nicht nur das konkrete Angebot unverzüglich sperren, sondern auch Vorsorge treffen, dass es möglichst nicht zu weiteren derartigen Schutzrechtsverletzungen kommt. Welche Pflichten den Dienstanbieter dabei treffen, insbesondere ob und wieweit er zur Sperrung und dann zur Prüfung und Überwachung der bei ihm hochgeladenen Inhalte verpflichtet ist, bestimmt sich danach, was dem Betreiber nach...

+Terms and Conditions

11th Dec 2014

Cancel an eBay action by the auctioneer grds leads to liability for damages

The Federal Court today employed in a decision on the question, circumstances under which a provider even longer than 12 May terminate hours running eBay auction early and sell the thing offered elsewhere, without making himself against the hitherto highest bidder liable for damages. The defendant offered on 17. More 2012 on the internet platform eBay for a period of ten days a generator at a starting price of 1 € an. At the 19. More 2012 he broke the auction prematurely. The plaintiff was at this time at the starting bid of 1 € Highest Bidder and desires – after the defendant sold the generator otherwise – now damages in the amount of ...

+Terms and Conditions

03rd Nov 2014

Clause in which the Conditions for transfer of a SIM card “Pledge” in the amount of 29,65 € is charged, which is retained, if the customer does not return the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective.

a) The clause in terms and conditions of a mobile operator, after one for transfer of SIM card “Pledge” in the amount of 29,65 € is charged, as the “Liquidated damages” will be retained, fails to return so-far the customer the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective. b) The clause in terms and conditions of a mobile operator, after for sending an invoice in paper form (in addition to providing an Internet Customer Portal) a separate fee accrues, is in any case ineffective, if the supplier sells the product not only of the Internet. BGH JUDGMENT III ZR 32/14 from 9. October 2014

+Warning

17th Sep 2014

Libraries must digitize works contained in their collections and provide users at terminals available

1. The term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n of 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 is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device. 2. Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that ...

+Lawyer

09th Dec 2013

The IT contract in legal practice

IT contracts must be designed subject-specific, to ensure a legally sound imaging of the underlying IT project. Here, the subject matter of the main contract plays a central role; it's about the software, Hardware, Databases, IT Systeme und / oder TK-Systeme, or concrete sub-areas. Individual IT contracts / large projects This begins with individual software or individual projects with the planning- and design phase, in the preparation of specifications and requirement specifications decisive course for avoiding a definitive rift between IT vendors and IT and contracting is to ensure. After creating and decrease the IT project is – provided that the IT project does not fail prematurely – then maintained the software usually and therefore accompanied by a Wartungs-/Service-/Pflegevertrag, an escrow Vetrag on the deposit of source code ...

+Warning

04th Dec 2013

IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

Internet Law, Online Legal: Liability for content on the Internet Online Copyright Specific expressions of opinion on the net, Protection of the privacy, Protection of honor provider contracts, Provider liability warnings and their defense preparation of Terms of Use for Websites liability of forums- and platform operators sharing, illegal downloading of music and movies liability for hyperlinks, Search engines Privacy policy, Creation of data protection declarations domain disputes, Recht der Domains Online-Marketing (Advertising- and marketing contracts) Legal support of internet service providers, Web designers, Media agencies, Operators of online shops websites and eBay stores youth protection on the net e-commerce, E-business IT contract law drafting and negotiating IT contracts (Software development , -surrender, -adaptation, Hardware procurement, Support contracts, System contracts, License agreements, alternatives Lizenzmodelle, Project contracts, Distribution agreements, Employee- and Beraterverterträge) Licensing of software over the Internet APP-related treaties Privacy treaties creating Conditions (also EVB-IT) Providerverträge (Access, Hosting, Housing, ASP)...

+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) 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 ...

+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, 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.

LawyerIT: IT Law

IT Law

IT-Praxis

IT Law

IT-Praxis

Internet Law

IT-by design

Chargeable value added services number in Contacts infringes TMG and is therefore anti-competitive.

Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

(Unterlassungs-)Haftung von YouTube bzw. Google aus dem Gesichtspunkt der sogenannten Störerhaftung bejaht.

Cancel an eBay action by the auctioneer grds leads to liability for damages

Clause in which the Conditions for transfer of a SIM card “Pledge” in the amount of 29,65 € is charged, which is retained, if the customer does not return the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective.

Libraries must digitize works contained in their collections and provide users at terminals available

IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

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

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 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.

IP law