Let’s draw a legal picture of framing: may a frame provider be held liable for a copyright infringement?

Posted on April 30, 2012 by Julia Gebert

Framing is a convenient tool for journalists and readers alike. Putting a frame around a wide variety of content makes life easier for many jobs, passions and commercial interests. However, does framing provide any legal pitfalls?

Let’s first draw a picture of framing: What’s framing exactly? Other than setting an ordinary link to content of a third party’s website, in the case of framing the content is integrated via a link (“embedded” – e.g. as an iframe – or “inline link”) onto the very website which is called up. Via this link the third party’s content is displayed without any further click and without change of the URL in the browsers address bar in a so called frame of the same screen window whilst being stored on the third party’s server.

And legally? May a frame provider be held liable for a copright infringement? He may, but not necessarily: The Cologne Court of Appeal (Oberlandesgericht) recently held that a frame provider embedding content in the way described above does not commit a copyright infringement. Continue reading →

ECJ Advocate General on Used Software and Used Licenses

Posted on April 27, 2012 by Tim Engelhardt

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 →

Termination of a Perpetual Software License under German Law

Posted on April 26, 2012 by Julian Hoeppner

I have just (goes to show how much time I really have to scan the law journals for relevant stuff) stumbled upon a very interesting decision by the District Court of Cologne published in the February edition of Germany’s famed “C&R” (i.e. “Computer & Recht” = “Computer & Law”) regarding the terminability of perpetual software licenses under German law for material breaches of contract. As per the District Court of Cologne the answer is: Sure you can! Which is a bit surprising, really. Continue reading →

General Terms and Conditions and What That Means for Localizing Contracts to German Law

Posted on April 20, 2012 by Julian Hoeppner

When you’re asked to localize contracts coming from a U.S. legal background so that they function under German law two very different legal worlds collide. Things just work differently over here. And things word differently over there. We draft our contracts differently, we use different language (which is why simply having a translator go over your documents just won’t cut it, much less asking uncle Google), our concept of selling and licensing software is nowhere near the “this software is licensed not sold” was of thinking, and so on and so forth. Nothing wrong with that, but it provides for some hard going sometimes.

One of the more peculiar concepts of German contract law is that of or our “Law on General Terms and Conditions” (Google Translator tells me that in English that should be “Legal terms and conditions of” which isn’t even close, so there…). In a nutshell, the idea is this: If, as a company, you work with standard contracts, i.e. a set of contractual documents that you have in your drawer all drafted to best fit your particular interests and ready to pull out for every new customer you want to do business with, the terms and conditions of those contractual documents are subject to the so-called “content control” (we Germans like control, as is well known). Continue reading →

EU Cookie Law in Germany

Posted on April 19, 2012 by Julian Hoeppner

As we are quickly moving towards Germany’s 1st anniversary of non-compliance with the infamous “EU Cookie Directive“, one would expect the legislator to really make a push to get something on paper, right? Well, not so. In fact, there isn’t even a legislative silver lining anywhere to be seen. We have witnessed one draft of a change to the “Telemedia Act” (the place where any transforming the EU’s wisdom into German law would take place) submitted by the federal state of Hessen last year that no one has really talked much about, and one draft submitted by the current opposition in the Bundestag that has now been rebuffed on committee level without before even getting a proper hearing in parliament – without spoiling us by publishing any reasons for the government’s stance, sadly. That said, that’s all good news, really. Continue reading →

Employee Data Protection Act to be (Finally) Finalized?

Posted on April 10, 2012 by Julian Hoeppner

It has been an ongoing (if disrupted) saga since 2010, but it could be that the pending Federal Act on Employee Data Protection (we Germans simply cannot live without regulation on each and every aspect of life) will be finished and pushed through the competent legislative bodies (in 2012 even, as it has been suggested?).

So, what would be new? Well, until now we have been doing with just one, if very abstact, section in the Federal Data Protection Act. Now, we’d enjoy some 13 or so sections, each, not surprisingly, composed of several exhausting paragraphs. Fun for us lawyers, certainly! On the other hand, however, some grey areas (e.g. video surveillance, collecting telecommunications data) would actually be (somewhat) clarified. Yet, the most interesting new development is that, apparently, it would be possible Continue reading →

Search Engine Liability

Posted on April 4, 2012 by Julian Hoeppner

Now that the Google and its fellow search engines are possibly heading for a new form of liability in the UK, what’s life like for search engine providers in Germany? Well, as usual, it’s complicated.

The question of Google’s responsibility for what one may find when searching for a particular set of terms has been dealt with by a variety of court decisions on appeal court level (our “Oberlandesgerichte”) and even once by the German Supreme Court (Bundesgerichtshof). Interestingly, though, the problem that one would think is the most common problem that people have with the search engine phenomenon has not really been dealt with by the courts. We know that Google is generally allowed to display thumbnails of copyrighted images on its image search site. We have been informed that Google is not liable for the “snippets” that appear as a result of one’s search. But we don’t know what Google is required to do (if anything) when being informed of a clear violation of someone’s, say, protected private sphere committed on the internet and spread through tools like Google’s search engine. Continue reading →

Welcome to German IT Law

Posted on March 29, 2012 by Thorsten Feldmann

Welcome to German IT Law, JBB‘s blog on the latest developments in German and European IP/IT, Technology, Media and Software Law. We are proud to provide you with information on new statutes, judgements and political approaches regarding cutting edge issues of the information society as well as on important general German and European judicial subjects that may be different from your legal system. Our aim is to assist you in identifying legal implications when doing business in Germany. As the contents of this blog will grow continually, it is going to give you a comprehensive selection of insightful contributions, we trust you will find informative and helpful.

We love feedback to what we publish. So, please feel cordially invited to state your opinion or ask your question on any article and to discuss with us, either by posting a comment or by sending us an e-mail. Moreover, we are happy to take up topics, that are of your particular interest, but that are not examined in our blog, yet. In case you have any suggestions, let us know.

But now: Have an inspiring and enjoyable read

Kind regards,