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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

  • 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. […]
  • Essential clauses of a license agreement
    A license contract regulates the use of intellectual property (IP) Through third parties. The essential clauses of a license agreement concern the type of license, Rights and obligations of the parties, Remuneration, Liability, Property rights and termination. 1. Prambel The preamble describes the background of the contract, The parties and the goals of the license agreement. Sample clause: “The licensor is the owner of the patent rights […]
  • Outsource to external service providers through IT outsourcing
    Outsource to external service providers through IT outsourcing

    IT outsourcing is a process, where companies or organizations outsource their IT tasks to external service providers. This can include a variety of IT tasks, such as the development of software, the management of networks, maintaining hardware and supporting end users. There are many reasons, why companies consider IT outsourcing. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. One of the main reasons is cost savings. By outsourcing IT tasks, companies can reduce the costs of hiring and training IT staff. In addition, they can benefit from economies of scale, that arise through collaboration with an IT service provider. Another advantage of IT outsourcing....

  • E-mail advertisements represent persistent and undesirable addressing of the users of the e-mail services
    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 ...

  • Scope of an anthology, is the intrinsically creative selection or arrangement of the elements
    Scope of an anthology, is the intrinsically creative selection or arrangement of the elements

    a) In determining the scope of a collecting station is to be noted, that the protection under § 4 Abs. 1 In the Copyright Act is intrinsically creative selection or arrangement of the elements. b) An infringement of copyright in a collective work can therefore only be accepted, if the damaged work contains those structures in terms of selection and arrangement of the substance, which the collective work as a personal intellectual creation within the meaning of § 4 Identify Copyright Act. The part taken over must therefore be largely as an expression of individual choice Conception of the author of the anthology, that he is still under a § 4 Copyright Act is independently protectable part of his anthology (Confirmation of references omitted 172, 268 Rn. 25 f. Poem title list ...

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