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
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
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
Is it legal to sell so-called “used software” when this software has been obtained via download? And what about “used licenses”? These questions have been a hot topic for quite some time now for IT businesses and lawyers – and finally they have been brought to the attention of the European Court of Justice. This week, the Advocate General of the European Court of Justice (ECJ), Mr. Yves Bot, published an opinion dealing with some of the intricate problems of the exhaustion (or “first sale”) doctrine. Continue reading