Social networks enjoy great popularity among online users. In Germany, more than 50 percent of all users surf on social networks on a weekly basis. In more than 50 percent the social network of choice is Facebook. But Facebook not only has the highest amount of users. They are also the most active, show the highest rate of general online activity (e.g. online shopping) and thus have the highest e-commerce-potential. Therefore, there has not been a way around Facebook for online shops for quite some time (more statistics on Facebook can be found here).
Now, there no longer seems to be a way around Facebook for state institutions, especially law enforcement agencies, neither.
Imagine, you own a cow. Someone comes to your farm, takes a photo of your cow, leaves, and a few weeks later you find this photo on some commercial website. Can you do anything against it? Do you have an exclusive right to make and distribute photos of your cow? The Local Court of Cologne decided on this situation two years ago and said: No, taking photographs of someone’s cow does not infringe on any exclusive rights of the cow’s owner, and a photographer may publish photos taken of this cow.
One of the core problems of German Internet law today is the question of whether, and, if yes, under which conditions, Internet providers of all kinds can be held liable for content published by their users (or embedded by them). The issue arises for content communities (think YouTube), Internet forums, blogs (thing embedded content and user comments), wikis, social networking sites (you know who), but poses the same questions for “generic” host providers or sharehosters (I hardly dare write the word). Continue reading →
For more than three years, press publishers have lobbied for a new IPR as a prerequisite to maintain quality journalism in the digital age. As was to be expected, the request has been quite heavily criticized by renowned scholars, the German industry and interest groups like IGEL (initiative against a neighboring right for press publishers) – with quite a notable list of supporters. The most notable opponent of such a new right (and main target of the press publishers) is Google, aka the usual suspect.
From the point of view of the press publishers who want and need to be able to gain noteworthy profits from their online press publications, Google’s business model unjustly exploits their content and publications. News aggregators like Google News are said to be a prime example of the internet age’s free riding business models massively harming the press publishers as advertising budgets are not spent where the content comes from. On the other hand, a neighboring right that will protect an individual sentence or a few words taken from an article would obviously be substantially cutting into freedoms that most Internet users have become accustomed to. Continue reading →
When you negotiate agreements between German companies and companies with a – broadly speaking – common law background, especially the U.S., one issue that keeps appearing is the parties’ liability for damages. Groundhog day, if you will.
“Liability” is certainly a difficult legal term to being with, especially as you have to first decide what you are actually talking about when using the word. Continue reading →
Recently, the news broke that Village People songwriter Victor Willis (for those who don’t know who he is just one word: YMCA!) had won an important case (see here and here) on the issue of US copyright termination rights (sec. 203 of the Copyright Act). I’ve wanted to write about this topic ever since, but well, there was so much going on in the IP/IT world lately, and, whoops, four weeks have passed like nothing. Anyway, I just came across a proposal of the German Pirates involving the introduction of a license termination mechanism similar to the US approach and thought I’d just shoot out a few observations and thoughts. Continue reading →
With judgment dated 27 March 2012 the German Federal Court of Justice (Bundesgerichtshof, BGH) held that the provider of an information portal who puts news online that may easily be detected as third party content – in this case: RSS-feeds – is generally not required to check the articles with regard to potential rights infringements prior to publishing them.
Once the provider of an information portal has been made aware of an infringement of the personality right by the person affected the provider may be held liable to prevent such infringements in the future.