Small cause, great impact: The missing reference to the alternative dispute resolution procedure

Jens Thurn IT Law Leave a Comment

The statutory law for the alternative dispute resolution in customer affairs “Gesetz über die alternative Streitbeilegung in Verbrauchersachen” (VSBG) was published in the Bundesgesetzblatt on 23 February 2016 and entered into force on 1 April 2016. Since, 1 February 2017 some additional mandatory references are required in §§ 36, 37 VSBG which are often forgotten in practise. This minor error …

Is video streaming illegal by now?

Claudia Bischof IT Law, Telemedia Leave a Comment

The European Court of Justice (ECJ) (decision of 26 April 2017, ref: C-527/15) needed to decide whether the distribution of multimedia player enabling free access to audiovisual works protected by copyright without the consent of the right holders might be illegal. The defendant sold on a number of internet sites various models of a multimedia player. That player is a …

District court Hamburg: Linking as a breach of the legal provisions

Claudia Bischof IT Law Leave a Comment

By the decision of 18 November 2016 (310 0 402/16), the district court Hamburg ruled in the preliminary injunction proceedings that profit-making website operators might infringe author’s statutory right by making the original available to the public referred to in Section 19a Copyright Act (UrhG). In the opinion of the judges the decision actually leads to a review obligation of …