Victory in a filesharing case – internet subscribers not liable if a family member with only “limited PC skills” had access to the computer
In a case before the District Court of Braunschweig (Amtsgericht Braunschweig) where our firm represented the defendant, the court has made it clear that right owners may not impose too stringent demands on the internet subscriber’s defense. It is sufficient to demonstrate that a close relative had access to the shared computer, even if due to their limited PC skills, it seems unlikely they have made the download.
In a preliminary ruling of 30 March 2017 (Case C-146/16), the European Court of Justice (ECJ) decided that in certain cases of printed advertising, it may be sufficient for businesses to provide the compulsory information about their corporate address and identity on the respective website given in the advertisement, rather than in the ad itself.
„Fake news“ does not exist in legal terms. New legislation is not necessary, attorney Christian Solmecke says
The “fake news” discussion is everywhere today. Even United States’ President Elect Donald Trump, who himself seems to be keen on spreading news with rather questionable credibility, has given the matter a new dimension in his tweets. But what is fake news from a legal point of view in the first place? The Cologne-based attorney Mr Christian Solmecke, who is specialized on internet law now attempts to clarify the legal background of the discussion:
Social media such as Facebook are often misused for spreading hate speech and fake news. An important legal question in this respect is to what extent Facebook & Co. may be liable for potentially defamatory comments made by third parties. Just recently, an attorney filed for an injunction both against Facebook Ireland Ltd. and the author of the comments before Würzburg’s District Court (Landgericht Würzburg).
The European Court of Justice has recently decided (Judgement of 21 December 2016, C-201/15) that member states of the European Union may introduce national provisions in order to limit or prohibit collective redundancies by companies.
Have you received a file sharing warning letter by Waldorf Frommer in relation to the title “American Ultra” and are now wondering what the next steps should be?
An innovative way to make condoms more attractive or a case of deceptive advertising? On 26 November 2015, the judges from Düsseldorf’s Regional Court will announce their final decision as to whether or not the above slogan has the potential to deceive consumers. In one of Germany’s most unusual legal disputes, WILDE BEUGER SOLMECKE represents the defendants.
The European Court of Justice declares the Safe Harbor Agreement invalid – what are the consequences of the judgment?
The European Court of Justice (ECJ) has declared the Safe Harbor Agreement between the US Department of Commerce and the European Commission invalid. Thus, the ECJ confirmed the Opinion of the Advocate General Yves Bot of 23 September 2015, who came to the conclusion that the Safe Harbor Agreement with the United States violates data protections laws and is therefore legally invalid.
Many businesses are unaware that the obligation to display legal notices applies to social media profiles as well as to websites. Private individuals are the only internet users who are exempt from this obligation. Here is an explanation of the various requirements.
Disruptions to the internet can be annoying and costly for individuals and for businesses. The fact that individuals can claim compensation is therefore to be welcomed. But how much can individuals claim in the event of internet disruption?