LawyerIT: IT Law

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...

1. The term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n of Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device. 2. Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that ...

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...