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Facebook/Instagram: Court deliveries also permitted in German!
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Facebook cannot insist on a translation of German-language documents into English in a legal dispute with a German user. This was decided by the 7th Civil Senate of the Higher Regional Court of Düsseldorf (file number I-7 W 66/19). In September 2018, a man from Düsseldorf obtained an injunction at the Regional Court of Düsseldorf […] More
BGH: Yelp may automatically modify reviews
Geschätzte Lesezeit: 3 Minuten
What is it all about? On Yelp, users can rate companies by awarding one to five stars and one text. The Internet portal displays all user contributions and classifies them as automated and up-to-date either “recommended” or “(currently) not recommended” without manual control by a software. When a company is called up, up to five […] More
- in Law and Esport, Other, Tax
As a teenager, make e-sports men/streamers self-employed?
Geschätzte Lesezeit: 3 Minuten
The industry of streamers and e-sports enthusiasts is very young compared to other industries and therefore also for lawyers and courts often ask questions of the protection of minors. One aspect of the protection of minors is often overlooked, namely that of the limited ability of persons under the age of 18. What does the […] More
- in Internally
I wish you a happy year 2020
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I wish all readers of the blog and all clients a happy New Year 2020. Especially in the field of esports and streamers I am planning some news next year and also features like a community and a legal flat rate here on the site or in my work as a lawyer. The year 2019 […] More
AirBNB is not a real estate agent
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An important decision that could have a signal effect for similar mediation platforms came just before Christmas from the ECJ. According to that provision, France may not require Airbnb to have a commercial card for real estate agents, since that requirement has not been notified to the Commission in accordance with the E-Access Directive. The […] More
Esport visa comes next year
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The German esports visa is coming: From spring 2020, professional esports men from third countries will be subject to simplified conditions for permanent residence in the Federal Republic of Germany. The Federal Council today approved the corresponding amendments to the Employment Ordinance, following the decision by the Federal Government in November (see this post). Section […] More
Uber loses once again at LG Frankfurt a.M.
Geschätzte Lesezeit: 2 Minuten
Uber’s mediation of rides to car rental companies is anti-competitive, the district court’s board said. In Uber’s business model, the court found various infringements of competition. On the one hand, Uber lacks its own car rental concession. However, that is necessary for the transmission of journeys to car rental drivers in the present case. ‘From […] More
ECJ for sale of “used” e-books
Geschätzte Lesezeit: 4 Minuten
By today’s judgment, the Court of Justice has held that the release of an e-book for permanent use to the public by downloading falls within the concept of ‘communication to the public’ within the meaning of Directive 2001/291. What is it all about? Nederlands Uitgeversverbond (NUV) and Groep Algemene Uitgevers (GAU), two associations whose aim […] More
Compensation in esport in case of player change?
Geschätzte Lesezeit: 3 Minuten
In the last few months, I have had to deal several times with the question of whether a team/organization is entitled to a claim for damages against the player or against the new team in the event of a change of player. Professional advice, the situation in esports As regular readers of my blog notice, […] More
What will change in the new Youth Media Protection State Treaty?
Geschätzte Lesezeit: 2 Minuten
Together with the new media state treaty, there will also be some changes in the Youth Media Protection State Treaty or JMStV for short. What’s new? For Internet and gaming providers, article 5 is probably the most well-known in terms of development-damaging offers. It is precisely these rules that are easily revised. The full changes […] More
- in Labour law
Dismissal due to Islamophobic WhatsApp messages
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The Baden-Württemberg State Labour Court has ruled that a dismissal of a worker for massive insults and Islamophobic remarks in WhatsApp messages is lawful. The severely disabled applicant has been employed by the applicant since 1996. He most recently worked at the Untertürkheim plant as a plant warden. On 4 June 2018, the defendant Daimler […] More
- in Law and Esport, Other
What is a silent/atypical silent participation?
Geschätzte Lesezeit: 2 Minuten
Currently, some esports teams are trying to acquire financing to secure or enable growth in 2020. I have already published some articles on the subject of financing, including the topic of joint stock in esports teams (see this article). See also this post on the subject. Another possibility of participation is that of a silent […] More
- in Other
BGH for advertising with ECO-test seal
Geschätzte Lesezeit: 4 Minuten
In three appeal proceedings, the Federal Court of Justice considered the use of test seal marks as a violation of the trademark proprietor’s rights in her well-known trade mark. What is it all about? Since 1985, the applicant has published the magazine ‘ÖKO-TEST’, in which tests on goods and services are published. It is the […] More
- in Internally
More than 1500 articles on the blog
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In the meantime, there are more than 1500 articles on the topics of IT law, competition law, copyright and everything related to social media and gaming. Of these, 370 are posts in English and 1131 are posts in German. It is best to find all content directly via the search or via the archive, which […] More
False statement on Facebook can be banned in court
Geschätzte Lesezeit: 2 Minuten
The Press Chamber of the Frankfurt Am Main Regional Court has ruled that it should not be given the impression that the Bundestag member Renate Künast, Alliance 90/The Greens, has said: “Komma, if there is no violence at play, sex with children is quite ok. Is good now”. This quote is wrong. Renate Künast was […] More
- in Internally
Birthday offer: First consultation at a special price
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Actually, as a birthday child you get gifts. But since I am completely satisfied, I distribute presents myself until the end of the week. Anyone who books an initial consultation with me by Sunday, 15 December in order to inquire about self-employment or other questions relating to IT law, competition law or copyright, will only […] More
Esport Teams & Streamer: What is part of a sponsorship agreement?
Geschätzte Lesezeit: 3 Minuten
I regularly receive sponsorship agreements from clients with which companies or advertisers want to engage with esports teams or enter into cooperations with streamers. However, these contracts are regularly formulated in questionable terms, incomplete or also guarantee great legal risk. The basics of such a contract can also be checked by each of them. And […] More
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