soziale Medien 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...

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. […]

Bundeskartellamt initiates an antitrust abuse proceedings against Amazon because of the terms and conditions and the procedures
The Federal Cartel Office has today launched abuse proceedings against Amazon, the terms and conditions and behaviors Amazon against the dealers in the German marketplace to check amazon.de. Andreas Mundt, President of the Bundeskartellamt: “"Amazon itself is the largest online retailer and operates by far the largest online marketplace in Germany. Many dealers and manufacturers are dependent on the range of the Amazon marketplace for online sales. Amazon acts as a kind of "gatekeeper" to customers. The dual role as the largest retailer and the largest market place has the potential for disabilities of other dealers on the platform. Because of the many available to us, we will examine complaints, whether Amazon .. of its market position to the detriment of the market place.
E-mail advertisements represent persistent and undesirable addressing of the users of the e-mail services
1. Art. 13 Abs. 1 Directive 2002/58 / EC of the European Parliament and of the Council of 12. July 2002 on the processing of personal data and the protection of privacy in electronic communication (Privacy policy for electronic communications) in the by Directive 2009/136 / EC of the European Parliament and of the Council of 25. November 2009 the amended version is to be interpreted accordingly, that the display of advertising messages in the inbox of a user of an e-mail service in a form, which is similar to that of an actual email, and in the same place as such an email, a "use of ... electronic mail for the purposes of direct mail" within the meaning of this provision, without determining the recipient of these messages ...
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.

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