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private access provider

retail customers do not have Internet access "rent", ie, not third parties may purchase them . That means in any case, the OLG Köln (Az 6 U 223/08), the matter will probably be decided by the Supreme Court. The defendant took advantage of a flat rate Internet access to a third party has access to the Internet at Allowing certain course against a payment. The Court of Appeal said that this right from the phone, respectively DSL contract is not covered. I can only join in. The access provider provides (at least) is primarily a service to its customers. The fee model is uniquely adapted to a private use, so that all may use if family members to the locations of the DSL line as appointed amongst these. Third is a right of use, and therefore not accessible to the technically provided internet access allows. They use the technical facilities of the provider that is, without a license agreement. The right way, the provider I think both omission of all Involved, as well as damages, or the publication of a so-called enrichment claim.
www.anwalt-strieder.de (Solingen ud Leverkusen, advice and representation nationwide)

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selling pre-installed software: does it work?

Can actually a software that is preinstalled on a hard sell? The question can be determined with "yes" answer, if this is technically feasible, the legal rights instead been more "no". In practice, such a sale may well lie in the transfer of a backup. A ruling of the OLG Dusseldorf (Judgement of 26/06/2009, I-20 U 247/08) to this very vexed question of whether the so-called Exhaustion principle (by which one who has a product has been lawfully acquired in Europe, can they continue to sell well), even when such software attacks, which has installed a seller of hardware on the hardware, made a decision that will be certainly discussed among lawyers much. It held that the exhaustion principle in such software is not effective, and only if this software with the hardware on which it is installed, will be passed. A solid backup to disk so can not be shared. Background, said in summary that the principle of exhaustion only to property and ensure that such software can occur which is purchased on a physical media, such as a CD. Background is certainly enough to ensure only the delivery of the physical disk that the seller transfers all rights to the data carrier to the buyer and this is understandable and externally through the transfer will be. It is often argued that the transfer of the disk often remains an illegal copy or install the software on the computer of the seller that this may also use. The fact that a seller who passes a work, copies thereof may retain, in violation of copyright law, but nothing special. Photographs, this is certainly possible, as in software. The possibility of duplication when delivering the hardware on which the software is installed, however, limited. The original hardware may eventually be transferred only once. (Strieder, lawyers Solingen and Leverkusen, advice and representation on a National Level)

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