Legal News: Final or Risky
am 04.11.2005 von German American Law Journal :: American Edition
CK - Washington. Reporting on court decisions can be risky. A German court almost held an owner of a website liable for defamation after a party mentioned in a decision reported on the site succeeded in having the decision amended and then sued the publisher.
Fortunately, the case was dismissed. The court stated that the owner of the site should have been given reasonable time to alert its readers to the change after the appeal. The Bahr blog reports also on two similar cases. The most recent decision is from the Munich court of …
Risky Republication
German American Law Journal :: American Edition / CK - Washington. The Hamburg court of first instance issued a TRO, not a final judgment, against a publishing company prohibiting that companys use of a domain name which it found to improperly convey the notion that it was endorsed by German …
Court Knocks Queen
German American Law Journal :: American Edition / CK - Washington. In its decision of September 9, 2004 in the matter 6 U 50/04, the Cologne Court of Appeals addressed the issue of proof of citizenship of European Union artists in connection with the enforcement of the artists copyrights in t…
Internet Survives Düsseldorf
German American Law Journal :: American Edition / CK - Washington. The buzz on German blogs is the newest decision on the liability of forum providers for visitor comments. The well-informed Berlin Blawg publishes the Düsseldorf Court of Appeals decision in the matter I-15 U 21/06 of Jun…
Milestone in Copyright Jungle
German American Law Journal :: American Edition / CK - Washington. Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht. The December 20,…
German Federal Constitutional Court decision in English/Bundesverfassungsgericht Entscheidung auf Englisch
Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
Wikipedia - TRO Set Aside
German American Law Journal :: American Edition / HF - Washington. On February 9, 2006, Amtsgericht Charlottenburg, a Berlin civil court, set aside the temporary restraining order against the German Wikimedia association, docket number 218 C 1001/06, dated January 17, 2006. The court decid…
Forum Owner Liable for Visitor Action
German American Law Journal :: American Edition / CK - Washington. German courts are pushing internet operators ever harder. A June 6, 2005 decision by the Winsen a.d. Luhe court holds the operator of an internet forum responsible for comments by a visitor. The visitor added a fake mug shot t…
Hamburg Trips Forum
German American Law Journal :: American Edition / CK - Washington. As it has done before, the Hamburg district court showed its disdain for free expression on the Internet on April 27, 2007. The new decision in the matter 324 O 600/06 goes further than its prior rulings and calls comments pu…
Nugatory / Richtersprache
Transblawg / A translator was wondering recently how to translate the word nugatory into German. A judge had used it, saying that it didn't really matter whether a decision was made on appeal or not, since there would be no money to be got - the decision woul…
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