DE – Tech Notes

Posted in Art. 14 EcomD, Art. 15 EcomD, DE, defamation, hosting, personality rights

German Court: Wikipedia Must Act Upon Notice

Techdir few days ago reported that Higher Regional Court of Stuttgart (OLG Stuttgart) held that “Wikimedia is liable for contents of Wikipedia articles”. This very inflated headline of course caught attention of many, including mine. The outcome, however, does not seem to be so dramatic as the headline suggests (Mike Masnick rectifies possible misunderstanding in

Posted in Art. 11 EnforD, Art. 14 EcomD, Art. 8(3) InfoSoc, BGH, DE, hosting, Liability of ISPs

BGH on Liability of Rapidshare

BGH today according to its press release decided in Atari Europe v. Rapidshare, known also as “Alone in the dark” (BGH, I ZR 18/11, LG Düsseldorf – 12 O 40/09). The case concerns action brought by Atari Europe, the producer of well-known computer game “Alone in the dark”, against the file-hosting provider Rapidshare. As the

Posted in CJEU, DE, EU, international private law, personality rights

BGH Ruled in Martinez Case

German Federal Supreme Court (Bundesgerichtshof) yesterday decided the case, which was previously referred to the Court of Justice of the EU – known as eDate Advertising C-161/10 & C-509/09. The case sent from Germany – Olivier Martinez and Robert Martinez v MGN Limited C-161/10 (BGH, VI. ZR 217/08) – dealt with the very interesting questions

Posted in Court of Justice, DE, ISP, Liability of ISPs, safe harbours

BGH & Two ISP Liability Cases

This week, Bundesgerichtshof decided two very interesting cases that both concern liability of internet service providers. The first, deals with liability of German domain name authority – DENIC and second with liability of Google for the blog posts published by its users on blogging platform Blogger (the one that Huťko writes his posts on). In

Posted in copyright, Court of Justice, DE

BGH referred UsedSoft case to Court of Justice

Huťko just learned that the first senate of Bundesgerichtshof already referred its questions to the Court of Justice of European Union in the UsedSoft case (I ZR 129/08 ). UsedSoft is very interesting copyright case that deals with the resale of downloaded software. Court of Justice was asked to clarify the legal uncertainty that exists

Posted in copyright, DE, DRM, linking

Deeplinking vs. Technological Protection Measures

This is very interesting stuff. In case I. ZR 39/08 German Bundesgerichtshof decided that deeplinkig could in some cases lead to infringement of technological protection measures. Namely, if a deep link bypassed technical measures taken by the copyright holder to ensure that its protected works could only be accessed by certain users or through certain

Posted in CR, data retention, DE, EU, privacy, SK

Data Retention Status Quo in Slovakia

On the 4th of October, European Information Society Institute filled a complaint (in Slovak bellow) to General Prosecution of the Slovak Republic (Generálna prokuratúra SR) concerning unconstitutionality of the data retention law in Slovakia. It has now two months to scrutinize the complaint and thoroughly assess whether to file a complaint to the Constitutional Court

Posted in DE, hosting, ISP, search engines

Search Engine´s Liability by BGH

Huťko assumes that all of his readers are familiar with the case Vorschaubilder I ZR 69/08 handed down by German BGH last month. The case deals predominantly with the copyright issues of the Google´s image search. Inspite of that, this short remark is aimed to address the search engine´s liability part of judgment. Firstly, some