Hassrede Archive - LawyerIT: IT Law

30th Jul 2021

Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

Judgments 29. July 2021 – III ZR 179/20 and III ZR 192/20 Der III. Civil Division of the Federal Court held, that the terms and conditions of Facebook dated 19. April 2018 for deleting user contributions and blocking accounts in the event of violations of the communication standards set out in the conditions are ineffective. In any case, this is true, because the defendant provider is not obliged to do so at the same time, to inform the user about the removal of his contribution at least retrospectively and about an intended blocking of his user account in advance, to inform him of the reason for this and to give him the opportunity to respond with a subsequent new decision. If a user's contribution was deleted due to the ineffective terms and conditions and his account was temporarily blocked, Has...

+Accountsperrung

10th Jul 2018

Facebook may as “Hassrede” Delete classified comment and block users

The applicant is users of the Inter platform facebook. He commented in the past two to three years in at least a hundred cases, among other posts from politicians and the media with the sentence: "Refugees: interned for as long, until they voluntarily leave the country!“. until 28. More 2018 this sentence remained on facebook unopposed. On the night of 29. More 2018 deleted facebook this post, because it was contrary to their community standards, especially against their standards of "hate speech". In addition, Facebook blocked the applicant for thirty days from all activities. The claimant in the way of interlocutory, to prohibit facebook, To delete the quoted comment or to .. him because of this commentary on facebook.

IP law

Intellectual Property: The invisible crown jewels of your company
When Leon enters his office on this Monday morning, everything seems as usual: Coffee is steaming, the laptop hums, The whiteboard still shows the sketch of the last product idea. But then he reads the email. A competitor has brought a surprisingly similar product onto the market - including the name, Design and almost identical functionality. Leon Puls is in a hurry. "The […]
sorts & Plant Variety Protection – Why plants are more than just species
When we talk about “varieties”., We don't just mean flowers or vegetables from the garden. From a legal perspective, varieties are economic values that require protection, Property rights and economic importance. From seed to harvest, from breeder to dealer: The correct handling of varieties is essential - and regulated by law. What does “variety” mean in law?? […]
Ideas are worth gold - if you protect them.
Why intellectual property (IP) Your most important capital can be - and how the iPblog helps you have an ingenious invention, A unique design or a strong brand concept? Then they already have more than many others - but: Only those who have their intellectual property (IP) protect, evaluated and cleverly administered, also has real economic benefits from it. […]

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...
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
Anyone who follows the primary aim as demolition hunters an ebay auction, to be asserted in the case of a premature auction termination compensation claims, is an abuse of rights
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.

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