software copyright: error on Freeware (BGH 20.5.2009, I ZR 239/06)
If a software program to download the Internet sets, must accurately determine whether the author of the program has actually released for public access.
presented in a case decided by the applicant Software and offered her a paid and a free light version on the Internet.
By a mistake had hired a professor of FH the full version of the software on the UNI-FTP server. Down Load The appeal was a surprising success for all sides. The software manufacturer felt that she was injured and damages made against the land claims that employed the professor, but does assume some fault.
The Supreme Court has decided: the professor's fault, and therefore the defendant country. Although slight, but still. In copyright law, namely, is a very high level of care requirements, so that even slight negligence the allegation of a breach of duty of care founded. This is especially so, the court, if a computer program to download will be available online. For this, the exploitation rights of the software manufacturer particularly threatened, because such, provided for downloading, software can be verfeilfältigt at any time by a considerable bulk of people.
is irrelevant that there was no evidence that it is the software provided did not constitute the freeware version. That fact should have been examined exactly what the professor did not handeltet and therefore negligent.
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