LawyerIT: IT Law

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 ...

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 ...

The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 lit c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.