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The Trouble with the storage

favor of telecommunications (telecom) companies is a decision (Case No.: VG 27 A 331.08) very quickly (so only provisionally) issued by the Administrative Court of Berlin, which upheld the Administrative Court that telecommunications companies can be penalized by the data retention, since it is not clear whether to pay the costs be replaced for storage in an appropriate manner. In the grounds, the Court stated, in the design of a telecommunications compensation law, which will cost the company only after specific inquiry will be reimbursed by security forces, but not the expenses for the establishment and operation of the storage systems. It went to the urgent decision that is just about the costs for the Implementation of data storage.

A final decision on the legality of data retention is not yet available. www.anwalt-strieder.de , www.telefonrechtsrat.de www.it-quite-fachanwalt.eu

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vs. Ebay. Rolex: OLG Dusseldorf to nuisance liability

No nuisance liability for trademark infringement by eBay members. The Higher Regional Court of Dusseldorf ruled that eBay is not liable as spoilers when it removed after the notice of the injured trademark owner the violation and no other injuries have occurred that would have prevented the platform operator (OLG Dusseldorf v. 24.2.2009, Case No.: I-20 U 204/02). There was therefore no pre-screening requirement. Also represent the Higher Regional Court stated that: "Ebay lock now using a filter program offers, the brand name used clearly inadmissible, it is not the Internet provider reasonable to examine any offer before publication in the internet for a possible violation of law, because such a duty the whole. business model into question. " That is, concrete is finally little by the obligations of the platform operator. It believes it is the Court of Appeals that is also no extended Testing requirements in the case are not obvious or at least to me reasonable means not detectable improper use of what was already decided recently by OLG Frankfurt. Once the verdict is on in full text, I will post it accordingly. www.anwalt-strieder.de www.telefonrechtsrat.de

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reminder rate: why?

The question of whether the debtor incurred warnings also a man has to pay fee, normally prevail few debtors, creditors attach simply because the experienced a small amount as a so-called man expenses. This lump sum is, however, a widely felt before just right dar. Is the debtor defaults on the payment, but also must compensate for the resulting damage. Worked by the creditor is however usually not included here. That a creditor's debt is entered, the normal business risk. Further damage can not be a lump sum of the creditor, but must stop this specific, as costs for postage, stationery and an envelope. Otherwise it may be, if a contractual, effective basis was agreed for a Mahnpauschale between creditors and debtors.