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31 Jul 2018, 2:59 pm
Any assertion to the contrary is simply dishonest”.German Bundesgerichtshof ruled that WiFi Operators are not Liable for Copyright Infringement on their NetworksLast week, German Federal Court of Justice (Bundesgerichtshof) ruled in the case involving an illegal download of a game ‘dead zombie’ that under the new German Telemedia Act, internet providers are not liable for copyright infringement via file sharing conducted by third parties on their network. [read post]
15 Feb 2018, 9:49 am
The judges found that this constituted a breach of German Data Protection law, specifically §§ 4, 4a (1) 1, 28 (3) 1 Bundesdatenschutzgesetzt (BDSG), as well as § 13 (1) 1, 2 of the German Telemedia Act (TMG).This cat needs privacyThe practices in question constituted the processing of data by Facebook. [read post]
7 Mar 2018, 11:38 pm
Having established a general liability under § 97 (1) UrhG (Urheberrechtsgesetz, the Germany copyright law), the court briefly considered whether the website was eligible for the hosting provider privilege of § 10 TMG (Telemediengesetz, the German Telemedia Act that implements Art. 14 of the E-Commerce-Directive). [read post]
7 Mar 2016, 9:42 am
Thus, concerns relating to the Telecommunications Act, employment law, or the Telemedia Act are not applicable if all private use is prohibited. [read post]
2 Apr 2024, 7:09 am
In addition, separately but in parallel to the changes to the BDSG, the German Federal Cabinet is also proposing changes to the Telecommunications and Telemedia Data Protection Act (“TTDSG”), which we will not cover in this blog post. [read post]
3 Mar 2014, 8:58 am
More specifically, according to the Court, the fact that the Friend Finder function collected certain data without informing users or obtaining their consent, breached Germany’s Data Protection Act and Telemedia Act, and the subsequent use of such data for commercial purposes without notice or consent violated the Unfair Trade Act. [read post]
28 Mar 2016, 12:21 pm
In the case from Belize, sent by the Court to the Justice Department for its reaction, that country’s government is seeking to head off the enforcement of an arbitration decision against it, claiming that a former prime minister of the country did not have the authority to enter into a deal with a telecommunications firm, Belize Telemedia Ltd., over that firm’s purchase of property from the government, in return for favorable tax and regulatory treatment. [read post]
7 Jun 2012, 12:22 pm
Also, YouTubes offering its services for anonymous use does not legally mean appropriation, because Art. 13 sec. 6 of the German Telemedia Act requires platform providers to offer anonymous or pseudonymous access if dominant reasons don’t command otherwise. [read post]
1 Aug 2014, 2:54 am
The Hamburg District Court stated that the WLAN operators could not be held liable as perpetrators or accomplices with regard to a liability in tort since the privilege rule of Section 8(1) of the Telemedia Act(1) for service providers applied. [read post]
3 Jan 2018, 2:35 pm
Art. 14 has been implemented in section 10 TMG (the German Telemedia Act). [read post]
1 Sep 2022, 7:00 am
Hornkohl: International jurisdiction for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints on online marketplaces In its decision of 11 March 2021, the Cologne Higher Regional Court denied the international jurisdiction of the Cologne courts for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints in online marketplaces. [read post]
13 Jul 2007, 10:05 am
The BGH apparently cites trade mark and telemedia legal provisions, and an earlier trade mark ruling (I ZR 35/04 of 19 April 2007), ruling that eBay may be liable for unfair competition even if it didn't offer the publications/media itself - it being sufficient that eBay caused a "real and effective risk" that its internet platform would be used to distribute publications with inappropriate content.According to the BGH eBay must stop the distribution of such publications as… [read post]
25 May 2011, 7:53 am
But as often happens in negotiations of all kinds, one moment’s impasse is merely hindsight’s temporary lull in the proceedings: In July, Level 3 began talking with STT Crossing, a unit of Singapore Technologies Telemedia Pte Ltd that controlled some 60% of Global Crossing’s shares and would become a big minority shareholder of Level 3 if a deal took place. [read post]
17 Jun 2013, 9:01 am
The Federal Court concluded that, if the associations with the search terms were wrong, the autocomplete function would constitute an infringement of the Plaintiff’s personality rights and reputation protected under Articles 823(1) and 1004 of the German Civil Code, in conjunction with Article 7(1) of the German Telemedia Act. [read post]
23 May 2017, 4:54 pm
Additionally, Facebook’s real name policy has been held to infringe German data protection law (specifically, section 13, VI of the Telemedia Act 2007 and section 3a Data Protection Act 2003). [read post]
8 Dec 2021, 12:00 am
These include advocating preservation of freedom of communication, strong user rights, clear reporting procedures, access to data from large platforms for research purposes, the verifiability of algorithmic systems and clear regulations against disinformation and the revision of the domestic legal framework (including the Telemedia Act, TMG and Network Enforcement Act, NetzDG). [read post]
30 Jul 2022, 4:13 pm
The politician had been subjected to offensive and disparaging statements on Facebook, and sought an order from the ordinary courts to obtain the related user data under the German Telemedia Act. [read post]
31 Aug 2016, 6:28 pm
The petitioners in one of those – Free Access & Broadcast Telemedia, LLC v. [read post]
19 Feb 2018, 4:18 pm
The NetzDG merely enforces an existing legal obligation under § 10 of the Telemedia Act (Telemediengesetz – TMG). [read post]
16 Jan 2009, 7:00 am
(IPKat) Benoit Battistelli, director general of France’s INPI, appointed as next chair of EPO Administrative Council (Managing Intellectual Property) European patent trolls feel the heat: Nokia reports IP.com to the European Commission (IAM) Agricultural product quality: MARQUES speaks out (Class 46) European Patent Office to replace corrupt US assignment data (Daily Dose of IP) Finland Helsinki Court of Appeal denies Akun Tehdas Oy’s appeal and maintains lower court… [read post]
