German American Law Journal / American Edition
9. Oktober 2007 —CK - Washington. In its press release no. 82/2007, the Supreme Constitutional Court of Germany in Karlsruhe announces the hearing of October 10, 2007 in the matters 1 BvR 370/07 and 1 BvR 595/07 on the constitutionality of the government's use of spy software in private computers. While agencies i…
5. Oktober 2007 —CK - Washington. After an encouraging and stimulating introduction by Ambassador Scharioth of the German Embassy in Washington, DC and both Ludwig Leyendecker and Georgetown University Law School Dean Alexander Aleinikoff relating German-American law relations back to the many expelled German lawy…
29. September 2007 —CK - Washington. On September 28, 2007, the Pforzheim criminal conviction of an online auction buyer of equipment at a price too good to be true has been lifted, various news sites such as Netzeitung report. The appellate ruling from the Karlruhe court, Landgericht Karlsruhe, is not yet published …
29. September 2007 —CK - Washington. Lawgical published a fascinating summary of last week's conference on issues in electronic data processing and the law. The conference in Saarbrücken covered issues ranging from data processing via online transactions to data protection. The sequence of reports from September 23, …
22. September 2007 —CK - Washington. Fighting spam by ignoring rules: The Federal Agency for Security in Information Technology, BSI, advises government agencies to forego bounce messages which the internet-technology rules for receiving mail servers, RFCs 821 and 2821, require. As a result, mistyped addresses in com…
12. September 2007 —GC - Washington. September 10, 2007 marked the beginning of a discussion of the proposed Satellite Data Safety Statute, SatDGSiG, in the federal diet in Berlin. The bill comes as a result of military and security officials concerned about terrorist groups and others with malicious intentions obtai…
4. September 2007 —GC - Washington. In addressing the liability of an internet forum provider, the court of appeals, OLG, in Koblenz, Germany decided July 12, 2007 in the matter 2 U 862/06 that it is within the scope of freedom of expression to criticize a business on internet forums, as long as the criticism is not…
1. September 2007 —CK - Washington. Proposals by Wolfgang Schäuble, the German Secretary of the Interior, to restate and expand the jurisdiction of the Federal Crime Agency, Bundeskriminalamt, and the Federal Police, Bundespolizei, trigger heated comments on the Internet in Germany. One of the most debated issue is …
23. August 2007 —CK - Washington. For 30 years, the association of German and American lawyers in Germany, Deutsch-Amerikanische Juristen-Vereinigung, held its annual meeting and conference on German and American law in Germany. In 2007, the conference and meeting will take place in Washington, DC. Peter Esser of …
18. August 2007 —CC - Washington. The recent amendments to the German copyright statute which were passed by the diet in Berlin in July 2007, Second Statute to Regulate Copyrights in the Information Society, affect what is known in American law as fair use. The German copyright act, Urhebergesetz, BGBl. 1965 I, 1273…
16. August 2007 —CK - Washington Under German law, the market is the watchdog of competition. Competitors may perform test purchases and obtain information about others in the same line of business. They may send cease-and-desist demands to competitors that violate the competition laws. Conversely, one competitor …
11. August 2007 —CK - Washington. For some time now, Austrian criminal law has prohibited the possession and use of software programs that enable the interception of data, such as wireless network transmissions. Today, RA Kadelke warns, a German amendment to the criminal code follows suit and proscribes software c…
5. August 2007 —CK - Washington. The Pforzheim criminal trial court ruled on June 26, 2007 in a decision now published at Medien Internet und Recht that the fencing statute applies to inexpensive purchases of new goods on the auction platform eBay. In the matter 8Cs 84 Js 5040/07, the court determined that the bu…
9. Juli 2007 —CK - Washington. Many German courts do not publish decisions as quickly as courts do here. Surprisingly, many law bloggers in Germany pull their news and content from TV, magazines and dailies, but not from the often more detailed press releases that courts publish fairly promptly. There are notab…
8. Juli 2007 —CK - Washington. The diet in Berlin passed a set of amendments to the copyright statute which will now go to the states' chamber, Bundesrat. The so-called second basket, Zweiter Korb, is intended to clarify various provisions, such as fair use and corresponding compensation for copyright owners th…
8. Juli 2007 —CK - Washington. Frequently, Europeans claim excessive extraterritorial effects of American laws but they are guilty of the same approach to regulatory oversight. A July 5, 2007 ruling of the Frankfurt administrative court in the matter 1 E 4366/06 subjects Swiss bankers to German rules, and other…
2. Juli 2007 —J.G - Washington. In Germany, legal fees consist of attorney fees for out of court actions and litigation and of court costs. A lawsuit may extend to three instances--trial court, court of appeals and supreme court. At each level, different attorney fees and court costs arise. According to German s…
2. Juli 2007 —CK - Washington. Unlike the United States of America, the Federal Republic of Germany does not have a comprehensive numbering system for every person like the Social Security Number. An exsting numbering system for pensions covers only participants in statutory pension plans. After July 1, 2007, G…
1. Juli 2007 —CK - Washington. Under German inheritance law, certain relatives of decedents may receive a statutory share from an estate if a testator excludes them from an inheritance or if they waive the portion of the estate that otherwise falls to them. The provisions on the situation involving waivers is c…
30. Juni 2007 —CK - Washington. Germany is one of the seven countries being brought to the European Court of Justice for the alleged violation of the non-discrimination principle of Art. 43 of the EC Treaty as it relates to professional services. The specific profession is that of notaries. In Germany, as in sev…
20. Juni 2007 —CK - Washington. Does the Berlin attorney general violate German accessibility law by publishing unintellegible statutes on government websites? German law incorporates the W3C standards on accessibility. The standard requires clear and simple language. German law professor Maximilian Herberger ex…
19. Juni 2007 —CK - Washington. In Germany, internet law springs from various sources. An important, European Union-aligned statute addresses identification and removal requirements for content providers. Although in apparent conflict with various constitutional principles, as frequently reported here, the invas…
9. Juni 2007 —CK - Washington. Transblawg reports of an age discrimination case in Germany involving an interpreter at the Hannover Fair. While this is interesting news, the comments lead to more revealing information. We read that Bush poured himself a beer at the G8 meeting and Sarkozy was asked why Bush did …
9. Juni 2007 —CK - Washington. For 160 years, German attorneys fought for their independence, Berliner Morgenpost reports. For the first time, the bar associations have begun to swear in its members. Until recent amendments to statutes governing the practice of law--which includes also the lifting of restrictio…
8. Juni 2007 —CK - Washington. The United States allocated $13.3 billion for the Marshall Plan to assist European recovery after WW II. Germany received $1.47 billion from the European Recovery Plan, as the program was officially known. According to The Economic Miracle's Watering Can in the Atlantic Times of J…
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