Stop the Impressum Craze
am 04.11.2006 von http://www.recht.us/amlaw
CK - Washington. The Supreme Court in Karlsruhe displayed common sense when it scrutinized the scope of statutory obligations to publish identifying information on certain web sites. On July 20, 2006, it rebuffed the
pixel pickiness expressed by some courts and numerous commentators who had fostered a spirit of collective fear of cease and desist orders in owners of web sites.
Germany, like some other countries, requires the identification from certain commercial owners. Over the past serveral years, a business developed among a segment of lawyers who descend like sharks on all sorts of sites and claim violations of the law--and substantial legal fees--for the wrong or incomplete placement of owner identification. In 2003, a Munich court even counted the pixels and number of clicks necessary to reach the owners contact, about or FAQ page.
The Supreme Court put an end to such abuse. In the matter I ZR 228/03, it held that commercial web sites need not be structured so that the visitor is forced, in the …
Guide to German Online Law
German American Law Journal :: American Edition / CK - Washington. The intrusive German online statute has been extensively revised in January. Based on the assumption that consumers are idiots, the statute requires numerous burdensome disclosures from active users of the Internet. Except f…
Compliance on Lawyer Sites
German American Law Journal :: American Edition / CK - Washington. The state of the art and of compliance with statutory requirements of web sites by lawyers are the topics of a comprehensive note, in German, by Mathias Lorenz: An Analysis of Internet Presentations of Lawyers. The results of…
Statutory Legal Fees
German American Law Journal :: American Edition / 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 lev…
Domain Contact Liable
German American Law Journal :: American Edition / CK - Washington. Irrational as it may appear, German courts are beginning to hold administrative contacts for domain names civilly liable for omissions of legal requirements and violative acts. The HeymsBahr blog reports of an August 24, 2004…
Loser Pays Costs
German American Law Journal :: American Edition / 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 lev…
Retired Judge May Counsel
German American Law Journal :: American Edition / CK - Washington. The Federal Supreme Court decided in an order, case number 1 BvR 737/00, on July 29, 2004 that a retired judge without admission to the bar or other permission to counsel in legal matters, such as under the Rechtsberatungsgese…
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» Urteil des I. Zivilsenats vom 20.7.2006 - I ZR 228/03 -
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