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Legal news from WERNER attorneys computer scientists

The embedding of third party contents on the proper webpage through the technique of framing is not to be considered a copyright infringement, as decided by the European Court of Justice in a ruling from October 21, 2014 (Case No. C-348/13).

The text 'order and buy' on a button is not an authorised label, as decided by the Local Court Köln in a ruling from April 28, 2014 (Case No. 142 C 354/13).

The Regional Court Cologne (in a ruling from August 19, 2014, reference number 33 O 245/13) sentenced that a service provider can no longer promote his website with a free registration if the main requested functionality is in reality subject to a charge.

The Regional Court Düsseldorf decided ( in a ruling from August 29, 2014, reference number. 38 O 78/14) that Vodafone is ordered to refrain from promoting the Allnet-Flat in TV advertising spots. Vodafone accepted the judgment and did not appeal.

The Regional Court decided in two rulings that operators of public WLAN hotspots also have the so called 'privilege of the provider' according to § 8 TMG (German Telemedia Law). Telecommunication service providers on the basis of this standard are excluded from the liability provided that they…

The European Court of Justice decided that the provider of an internet search engine in the case of personal data and subject that are published on websites by third parties is liable for the processing. Accordingly the provider of an internet search engine must cancel any links to web pages with…

The automated searching of data, that are available on websites, is permitted under the rules of competition. The Federal Supreme Court (reference number: I ZR 224/12) decided that online booking portals can use price information of suppliers as long as no specific technical measures are repealed.

In the so called 'dispute over the bear' Lint has obtained full satisfaction before the Supreme Regional Court (reference number 6 U 230/12). Lint and Haribo have disagreed over the copyright over the trademark ' Goldbaeren'.

The Regional Court Hamburg (in a ruling from October 25, 2013, reference number 315 O 449/12, not yet final) noticed that two clauses of the terms and conditions of the producer SAP are anticompetitive. A company that used to buy software and to resell it has brought legal proceedings against SAP.

The German Supreme Court decided (in a ruling from May 16, 2013, reference number I ZR 216/11) that the online auction site is liable for the copyright infringement committed by an auctioneer.

The German Supreme Court (in a ruling from September 12, 2013, reference number I ZR 208/12) decided that due to the 'tell a friend functionality' on a company's website the email sent to any third party is to consider a unsolicited commercial email (§ 7 paragraph 2, number 3 UWG).

The Higher Regional Court Munich (OLG Muenchen) overturned in a judgment of October 24, 2013 the applicant's appeal to prevent Amazon to sell a certain work due to copyright infringement. The decision made by the OLG is in line with what recently decided the BGH regarding the liability of review…

The Local Court Celle decided in the ruling of January 30, 2013 (reference number 14 C 1162/12) that an internet provider in case of false information about an IP address is liable for damage. The right holder, in a case of file sharing, asked the internet provider to reveal name and address of the…

The Federal Court of Justice decided (in ruling from September, 25 2013 reference number 10 AZR 270/12) that an employee is obliged to use a signature card if it is required to perform work. The defendant must, in conjunction with his operating activities, issue invitation to tender.

The Federal Supreme Court decided that it is possible to commercialize used software licenses (in a ruling from July 18, 2013, reference number I ZR 129/08). Thus the BGH follows the EuGH (see the ruling made on July 7, 2012, Rs. C-128/11).