+Warning
12th Jul 2016
Chargeable value added services number in Contacts infringes TMG and is therefore anti-competitive.

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...

+Warning
17th May 2016
Ein Wettbewerbsverband kann auch die Anwaltskosten einer anwaltlichen Abmahnung beanspruchen und nicht nur die Verwaltungspauschale

Ein Wettbewerbsverband kann auch die Anwaltskosten einer anwaltlichen Abmahnung beanspruchen und nicht nur die Verwaltungspauschale

1. The delegation authorized to prosecute breaches of competition law professional association a lawyer with a – objectively justified – Warning, are characterized legal costs only non-refundable, when the Association of the pursuit of competition breaches “the task” has. The latter does not depend solely on, whether the fight against unfair competition is mentioned in the statute as a task of the Association. It is more important, whether the Abmahntätigkeit the Association adopted a scope for a certain duration, in which an economically rational acting federation would hire for reasons of cost to accomplish this task legally trained staff; this is the association, a certain margin of discretion zuzubilligen. 2. When applying under Paragraph 1. dargestellten Grundsätze...

+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

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)...

+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 ...

+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 ...