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Who pays for saving?

www.telefonrechtsrat.de The Trouble with the storage

favor of telecommunications (telecom) company, a resolution (Az: 27 A VG 331.08) in a Quickly (thus only temporarily) by the Administrative Court of Berlin is delivered, with the Administrative Court confirmed the that telecommunications companies can be penalized by the data retention, since it is not clear whether they are replaced the cost of storage in an appropriate manner. In the grounds, the Court stated, in the design of a telecommunications compensation law, which will cost the company only after specific inquiry will be reimbursed by security forces, but not the expenses for the establishment and operation of the storage systems. It went to the urgent decision that is just about the costs for the implementation of data storage.

A final decision on the legality of data retention is not yet available. Therefore, telecommunications companies could suffer disadvantages if the question is not the size of the replacement cost for the storage clarified. www.anwalt-strieder.de www.telefonrechtrat.de

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Rolex vs Ebay: who bothers whom?

No nuisance liability for trademark infringement by eBay members. The Higher Regional Court of Dusseldorf ruled that eBay is not liable as spoilers if, after the notice of the injured proprietor eliminates the injury and no other injuries have occurred, would have the platform operator must prevent (OLG Dusseldorf v. 24.2.2009, Case No.: I-20 U 204/02). There was therefore no pre-screening requirement. Also represent the Higher Regional Court stated that: "Ebay lock now using a filter program offers, the brand name used clearly inadmissible, it is not the Internet provider reasonable to examine any offer before publication in the internet for a possible violation of law, because such a duty the whole. business model into question. " That is, concrete is finally little by the obligations of the platform operator. It believes it is the Court of Appeals that is also no requirement for extended check is not obvious or at least to me reasonable means unauthorized use, there are not identifiable, which was already decided recently by OLG Frankfurt. Once the verdict is on in full text, I will post it accordingly. www.anwalt-strieder.de

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reminder rate: why?

The question of whether the debtor incurred warnings also a man has to pay fee to make actually the least of debtors, creditors simply because the experienced a small amount as a so-called man fee add. This lump sum is, however, a widely felt before just right dar. Is the debtor defaults on the payment, but it must also be resulting damages to compensate. Worked by the creditor is however usually not included here. That a creditor's debt is entered, the normal business risk. Further damage can not be a lump sum of the creditor, but must stop this specific, as costs for postage, stationery and an envelope. Otherwise it may be, if a contractual, effective basis was agreed for a Mahnpauschale between creditors and debtors. emphasize

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subscription trap on the Internet I: Do you contract?

football players, it always happy, even publicly: you have the contract. And they want to keep to the rule to the same well. Many a respectable citizen with a generally low income than the above-cited professional body, only to find that he has contract, at least this is claimed by some companies. Here is an application to an Internet service over the Internet to a longer contract have led, so make up a small amount should be, to most people does not hurt really. To avoid a threatened lawsuit as a disadvantage, collection agency or worse, involvement of lawyers, pay, some people even though there was no contract. Whether the claim of such amount by the company in the IT legal sense, a criminal offense, is subject be another blog post. As a rule, namely, no contract comes into existence in such an undertaking, as the remuneration of colorful, noisy advertising gutversteckten and a reference to a binding contract and cost to the consumer is not obvious. This has been adopted for particular cases such as the Munich District Court (Case No.: 23695/06 161 C) and the Hamm AG (Document 17 C 62/08) and the LG Hanau (ref. 9 O 870/07) decided.

However, whether in individual cases, a contract was concluded, therefore, should be also paid, must be investigated at law, since the usual suspects on the Internet from the judgments in recent years have drawn their teachings. The problem that many of the offers on the Internet can only live on it, that they deceive unsuspecting consumers about the remuneration of the service, because no one pays a 24-month service for a completely nonsensical performance, nor to free from a variety of businesses and sellers on the Internet is provided, but can not eliminate evasion.

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