eBay Again – Your Ended Auctions Can Cause Some Trouble, Too

An eBay seller who has used copyright protected photos without the author’s permission and made a corresponding desist declaration is obliged not only to end the auction but rather to delete the pictures from the ended auctions entirely. Continue reading

Leading Decision on Parents’ Liability for Copyright Violation by File Sharing Children

The German Federal Court of Justice yesterday November 15, 2012 decided on how far parents can be held liable for their children’s illegal use of file sharing via peer-to-peer services and copyright violations resulting from that use. Continue reading

How to Sue and Prove that You Have no Basis for Your Claim, or: The Curious Effects of Patent Exhaustion

My colleague Till Jaeger drew my attention to a recent decision of the German Federal Court of Justice (X ZR 33/10) that demonstrates in a rather curious way the effects of patent exhaustion.

In the case at issue the plaintiff was the holder of a process patent for the coding, transfer and decoding of video signals used when producing and playing of DVDs under the MPEG 2 standard. The defendant, a Greek DVD producer had no business relationship with the plaintiff, in particular no license agreement with the plaintiff was in effect. However, the plaintiff suspected that the defendant made use of its patent and decided to test the defendant’s abidance by the law. Continue reading

Disclosure Obligations for Access Providers or “What exactly needs to be commercial?”

In order to pursue copyright infringements, rightholders need the names and addresses of the infringers. This creates special problems in file sharing cases where the identity of those who illegally use file sharing systems needs to be found out by checking who’s behind a specific IP address. Detecting copyright infringements and collecting the IP addresses of the responsible persons are just the first steps to this end. But then, the rightholders have no choice but to ask the respective ISP to hand out the data it has about the IP addresses discovered. ISPs for their part need to protect their customers and their business and have to comply with strict statutory data protection provisions. Thus, ISPs and copyright holders are in a permanent conflict of interests. Continue reading

New leading cases on the destiny of sub-licenses when the main license is terminated

Are sub-licenses affected when the main license they are derived from ceases to exist? Last week, the German Federal Court of Justice (Bundesgerichtshof, BGH) issued two decisions dealing with this question and answered with an unequivocal “No”. No written opinion has been published yet (this usually takes a while) so that we have only the official German press release to rely on. But this press release reveals already a few pretty interesting and important things. Continue reading