The Higher Regional Court of Cologne (OLG Köln) held in its decision (court ref. 6 U 205/13) dated September 5, 2014 that the title of a mobile app can enjoy protection against similar titles for similar services. However, the claimant who is the operator of a German weather information website that runs under the domain <wetter.de> and an app with identical content also titled <wetter.de> cannot prohibit the use of the title <wetter DE> or <wetter-de> for a similar weather app by the defendant. Continue reading
On February 14th, 2013 the Administrative Court of Schleswig held in two decisions that German data protection laws do not apply to data processing by Facebook (file numbers 8 B 60/12 and 8 B 61/1). Continue reading
In the case laid before the Federal Supreme Court (Bundesgerichtshof; BGH) the court primarily had to decide about the liability of the administrative contact of the domain dlg.de. However, in the obiter dictum, the court also held under which circumstances a foreign company is entitled to use a .de-domain. Continue reading
Last week, several German political leaders, members of the federal administration, academics, IT-businessmen and other members of the German society met in Essen for the 7th National IT-Summit. The summit is an invite-only conference being held once a year by the German Federal Ministry of Economics and Technology. It forms the end and new beginning of an ongoing discussion between the members of the six working groups and several sub-working groups to develop a nation-wide (political) IT-strategy for Germany. Continue reading
According to German jurisdiction, WLAN-operators can be held liable for online-infringements on third parties’ rights committed via their connection to the internet. That is, unless the operator duly fulfills his obligation to make sure such infringements cannot and will not be committed via his connection. This also applies to WLANs operated in cafés, bars, hotels and similar places. In all these places, the WLAN operator basically has to check what his customers do online and to oblige them to act according to law. Continue reading
Until last year, the right to be forgotten used to be an idea of Viktor Mayer-Schönberger, an Austrian law professor. He suggested – and probably still suggests – providing a “best before date” for data that is electronically saved. After the expiration of the date, the data would be automatically deleted by the application or computer system. Last year, the idea – or a modification thereof – became part of a draft regulation of the European Commission. Continue reading
On September 12th, 2012 the Higher Regional Court of Karlsruhe – 6 U 58/11 – decided on the question, which actions a debtor has to restrain from after he signed a declaration to cease and desist “using a photograph on the internet”. Continue reading
Today the Hamburg Regional Court opened the trials in Max Mosley’s lawsuit against Google Inc. over violation of his right of personality. The plaintiff wants Google to filter out compromising pictures from its search results. Continue reading
During last week’s 69th German Legal Colloquium the association’s members discussed – amongst other topics – the future of IT-law in Germany (you can find all the decisions here – in German). Their decisions on how to fight cyber crime, data protection and liability are supposed to initiate legal reforms. In some cases, you hope the legislator won’t feel inclined. Continue reading
Last weekend, an amended draft of the Regulation of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) was published by the British organization statewatch. The proposed changes regard Articles 1-10, 80 (a), 83 and several recitals. While some of them simply clarify the first draft, others – as for example the definition of the term “personal data” in Article 4 Subsection 1 – will have great effects on data protection in Germany. Continue reading
Once information is entered into the Internet’s most popular encyclopedia Wikipedia it gains an immense potential of distribution. The high number of users and the easy accessibility in combination with the impression of neutrality an encyclopedia communicates make it highly desirable for companies to be positively depicted in articles about the company itself or its products.
The Higher Regional Court of Munich decided on May 10th, 2012 that positive display of a company’s products in a Wikipedia article that was amended by the director of the company constitutes disguised advertising and thus unfair competition as defined by Section 4 No. 3 UWG (the German Law Against the Unfair Competition). Continue reading
Data protection is big in Europe, especially in Germany. It is not possible to process personal data without a data protection law regulation the data processing. And while data protection laws are primarily supposed to protect the individual’s right to determine how his or her data is being processed, data protection has also become a commercial factor. On the one hand, companies are restricted in their ways of advertisement towards their customers. According to section 28 subsection 3 of the Federal Data Protection Act for example, advertisement is dependent on the individual customer’s consent. On the other hand, data protection compliance demands investments in the implementation of data protection standards within the company, for example to lay down the technical and organizational measures demanded by section 9 of the Federal Data Protection Act. Continue reading
A while ago we reported that the German Federal Ministry of Justice (BMJ, Bundesjustizministerium) published a proposal for the implementation of a new neighboring right for press publishers.
Last Friday, a second draft for implementing such a new neighboring right into the German Copyright Code has been published by the Ministry. Compared to the first draft, the scope of the new neighboring right is far more limited: according to the new draft press publishers will only have a claim for remuneration against search engine companies. Other users like bloggers, companies other than press publishers or law firms would not need to obtain a license from the press publisher if they make available a press product. Continue reading
Three weeks after the Higher Regional Court of Cologne (Oberlandesgericht, OLG Köln, decision of 06/04/2012 – 6 W 81/12 - we reported) found parents to be obliged to control what their children are doing online, even if the children are of age, the Regional Court of Hamburg (Landgericht Hamburg, LG Hamburg, decision of 06/21/2012 – 308 O 495/11) now held the parent’s obligation to control their grown children to be “unreasonable”. ”. According to the judges in Hamburg, parents can rely on their grown children knowing what they are doing online and knowing if they are infringing copyrights. Therefore, parents can neither be held responsible for not instructing their grown children how to “behave” online, nor for not checking up on what their children are doing online. The obligation to control children of age is found to contradict the “family’s bonds” in cases where there has not been prior reason to believe the child is infringing third party’s copyrights. In addition, a child of age cannot be expected to respect such parental control.
Under German civil law copyright infringements through filesharing can basically be pursued in two ways. On the one hand, it is obviously possible to pursue claims against the person who actually makes the copyrighted material accessible via internet. This person may be the actual perpetrator of the copyright infringement or someone who deliberately aids and abets the perpetrator committing the copyright infringement. On the other hand, right holders can also try to catch any person who – without being the actual infringer/ abettor –contributed to someone else’s copyright infringement in any way. The courts have repeatedly found such third parties responsible for copyright infringements (see, for example, Federal Supreme Court aka Bundesgerichtshof aka BGH, decision of 11/03/2004 – 1 ZR 304/01 and decision of 04/19/2007 – I ZR 35/04). Continue reading
The German Federal Supreme Court (BGH) delivered yesterday a decision on file hosters‘ duties regarding copyright infringements committed by their users (more on the general topic of the responsibility for third party content here and here). The written opinion is not published yet, but here is a short summary of the German press release. Continue reading