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.
Hooray: On 2 May the ECJ ruled that “neither the functionality of a computer program nor the programming language and the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program and, as such, are not protected by copyright in computer programs.” Continue reading →
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 →
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 →