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30th Jul 2021
Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

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...

RSS 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. […]
  • Purpose of IT security
    Purpose of IT security

    The purpose is to protect basic information such as company assets, company know-how, all personal data and sales. Without an appropriate solution for IT security, Does your company have inadequate risk management?. You, the management, are also legally obliged to do so, to take appropriate safety precautions. IT security means the protection of information and, above all, the processing of it. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. Information security should prevent the manipulation of data and systems by unauthorized persons. IT security measures Access controls, Cryptography, rights management, Firewalls, Proxies, virus scanner, Vulnerability management – ​​these are the measures, to ensure IT security. IT security includes all technical and organizational....

  • 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.
    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

  • Automatic selection of reviews by an evaluation portal as yelp.de is admissible
    Automatic selection of reviews by an evaluation portal as yelp.de is admissible

    BGH judgment of 14. January 2020 – VI ZR 496/18 (u.a.) – yelp.de facts: The applicant takes account of their evaluation display on an Internet portal whose operators to cease and desist, Detection and damage claims. The defendant operates the Internet at www.yelp.de a Review Portal, rate in the company, registered users by awarding one stars up to five and a text. The Internet portal displays all user contributions and classifies them automatically by software and daily without manual control as either “recommended” or as “(currently) not recommended” on. When you call a company are up to five stars displayed with its name and presentation, the average of the award in the “recommended”...

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