DSL connection "Rent"? From an interesting business model
private clients access to the Internet "Rent", so do not ask third parties to purchase them. Commercial course not. That means in any case, the OLG Köln (Az 6 U 223/08), the matter probably from BGH decided. The defendant took advantage of a flat rate Internet access to a third party has access to the Internet to enable certain course against a payment. The Court of Appeal said that this right from the phone, respectively DSL contract is not covered. I can only join in. The access provider provides (at least) is primarily a service to its customers. The fee model is uniquely adapted to a private use, so that all may use if family members to the locations of the DSL line as appointed amongst these. Third is a right of use, and therefore not accessible to the technically provided internet access allows. They use the technical facilities of the provider so without a license agreement. The right way, the provider I think both omission by all parties, as well as damages, or the publication of a so-called enrichment claim.
http://www.anwalt-strieder.de/ (Solingen ud Leverkusen, advice and representation nationwide)
Saturday, October 31, 2009
Thursday, October 22, 2009
Nintendo Ds Pinewood Derby Car
exhaustion principle and used software in preinstalled software
A ruling of the OLG Dusseldorf (Judgement of 26/06/2009, I-20 U 247/08) has accesses to the much debated question of whether the principle of exhaustion (after which the one that a product has been lawfully acquired in Europe, is able to continue to sell them) even with such software that has installed a seller of hardware on the hardware, a decision made and is certainly much discussion among lawyers. It held that the exhaustion principle in such software is not effective, and only if this software with the hardware on which it is installed, will be passed. A solid backup to disk so can not be shared. Background, summary said that the principle of exhaustion can occur only on items and ensure that such software that is purchased on a physical media, such as a CD. Background is certainly enough to ensure only the delivery of the physical disk that the Seller all rights to the data carrier to the buyer passes and this externally traceable through the transfer will be. It is often argued that the transfer of the disk often remains an illegal copy or install the software on the computer of the seller that this may also use. The fact that a seller who passes a work, copies thereof may retain, in violation of copyright law, but nothing special. Photographs, this is certainly possible, as in software. The possibility of duplication when delivering the hardware on which the software is installed, however, limited. The original hardware may eventually only be transferred once. (Strieder, lawyers Solingen and Leverkusen, advice and representation on a National Level) www.anwalt
-strieder.de www.fachanwalt-x-Informationstechnologierecht.de
A ruling of the OLG Dusseldorf (Judgement of 26/06/2009, I-20 U 247/08) has accesses to the much debated question of whether the principle of exhaustion (after which the one that a product has been lawfully acquired in Europe, is able to continue to sell them) even with such software that has installed a seller of hardware on the hardware, a decision made and is certainly much discussion among lawyers. It held that the exhaustion principle in such software is not effective, and only if this software with the hardware on which it is installed, will be passed. A solid backup to disk so can not be shared. Background, summary said that the principle of exhaustion can occur only on items and ensure that such software that is purchased on a physical media, such as a CD. Background is certainly enough to ensure only the delivery of the physical disk that the Seller all rights to the data carrier to the buyer passes and this externally traceable through the transfer will be. It is often argued that the transfer of the disk often remains an illegal copy or install the software on the computer of the seller that this may also use. The fact that a seller who passes a work, copies thereof may retain, in violation of copyright law, but nothing special. Photographs, this is certainly possible, as in software. The possibility of duplication when delivering the hardware on which the software is installed, however, limited. The original hardware may eventually only be transferred once. (Strieder, lawyers Solingen and Leverkusen, advice and representation on a National Level) www.anwalt
-strieder.de www.fachanwalt-x-Informationstechnologierecht.de
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