Abusive Cease and Desist Demands
German American Law Journal :: American Edition | 5. April 2009 — CK - Washington. The abuse in the German business of cease-and-desist demands has accelerated in recent years. Most egregious is…
CK - Washington. The business of abusive cease and desist demands in Germany may become less profitable. Occasionally, bloggers report on such demands, organize opposition and refer affected colleagues to experienced counsel. A new step is a community blog, Abmahnung. In its introduction, it warns that the publication does not render legal advice. Instead, it is structured to collect information on abusive incidents and to aggregate sources of abusive demands. In particular, it hopes to empower bloggers with few readers to alert the public to abuses of the legal instrument. Under German law, a cease and desist demand may be combined with a demand for attorneys fees. If ignored or opposed, the demand may grow into full-fledged litigation and generate additional legal fees. Much empirical evidence points to inappropriate demands by lawyers or others who issue serial demands and treat the instrument as a means to generate legal fees. Bloggers see the instrument as a step toward censorship of unflattering content, as has become evident in the Parteibuch blog. Surprisingly, there is little opposition to the chilling notion that bloggers may be subject to the intrusive identification requirement colloquially known as Impressum which gives abusers, including criminals, easy access to vital personal information of web publishers. Most bloggers publish such information out of fear of cease and desist demands, whether or not they are covered by the statutory requirement. German American Law Journal :: Washington USA
German American Law Journal :: American Edition | 5. April 2009 — CK - Washington. The abuse in the German business of cease-and-desist demands has accelerated in recent years. Most egregious is…
German American Law Journal :: American Edition | 20. Oktober 2006 — CK - Washington. There is some debate in Germany whether lawyers may demand legal fees for the prosecution of their own claims. …
German American Law Journal :: American Edition | 13. November 2005 — CK - Washington. The Hamburg court of first instance issued a TRO, not a final judgment, against a publishing company prohibitin…
German American Law Journal :: American Edition | 21. Januar 2007 — CK - Washington. The German law wiki JuraWiki has been operating since 2002. Now, the wiki is well established. In 2007, its mai…
German American Law Journal :: American Edition | 6. November 2004 — CK - Washington. The Fachschaft-Jura blog reports of an appeals court ruling from Hamm that appears to reduce the obligations im…
German American Law Journal :: American Edition | 4. Juli 2009 — CK - Washington. Michael Seidlitz refers in Twitter to a brief guide on legal aspects of web shop protection, infringement of co…
German American Law Journal :: American Edition | 17. November 2006 — CK - Washington. Spam laws are tough in Germany. A case and desist demand sent in response to an unsolicited fax to a business m…
German American Law Journal :: American Edition | 4. November 2006 — CK - Washington. The Supreme Court in Karlsruhe displayed common sense when it scrutinized the scope of statutory obligations to…
Handakte WebLAWg | 2. September 2005 — “A couple of years back, when we started The Blogbook, there were very few legal blogs. Now of course there are thousands, incl…
German American Law Journal :: American Edition | 31. Dezember 2005 — CK - Washington. A Bremen court, Sozialgericht Bremen, won the Anti Search Engine Optimization Award 2005 after gaining the atte…
German American Law Journal American Edition : A forum for information sharing in the areas of German and American law, mainly where the two intersect, vary or intrigue.