Internet portal must indicate commissions
As I have read in this article, the train of judgments regarding the identification of affiliates and commission payments is gaining momentum. Now there is…
Month: July 2019
Sampling may or may not infringe copyrights!
Kraftwerk’s long-running trial of Moses Pelham and Martin Haas seems to be coming to an end. Today, the ECJ has ruled. The Bundesgerichtshof (Federal Court…
YouTube/Twitch and swastikas in streams/videos?
Currently, there is a persistent discussion about whether videos from the game “Wolfenstein: Youngblood” can be shown in the English version on YouTube or Twitch…
Website operators are liable for data processing of like buttons
As early as the end of last year, I had reported that the Advocate General of the ECJ had recommended that the Court of Justice…
Google Play Requires Disclosure of Lootbox Probabilities
Only recently there was a lot of debate in relevant forums as to whether loot boxes should actually be regarded as a gamble in Germany.…
LG Munich: Affiliate links must be sufficiently identified!
Important verdict Recently, the Higher Regional Court had issued a highly interesting ruling on the issue of the identification of affiliate links (see my contribution…
BGH on misleading Google ads
The I.E. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, among other things, has today ruled that a trademark…
District Court Frankfurt a.M. on the right to be forgotten
Article 17 GDPR establishes a right to erasure or to be forgotten. To that end, the Landgericht Frankfurt am Main recently held that the omission…
Federal Cartel Office forces Amazon to make changes to terms and conditions for sellers
Due to antitrust concerns of the Federal Cartel Office, Amazon is changing its terms and conditions for merchants on Amazon’s online marketplaces. The changes concern…
Privacy/Ex-employee and the use of a catch-all email
An underappreciated problem Again and again I get to know that clients of mine, who also struggle with fluctuations in employees or have many freelancers…
OLG Frankfurt: No liability for actions of third parties
In a recent decision, the Higher Regional Court of Frankfurt ruled that an undertaking is not liable for anti-competitive acts of third parties, even if…
Classification of opinion as an insult violates freedom of expression!
In principle, the question of whether a statement should be punished as an insult or protected by freedom of expression must be decided by means…
Esport teams and streamers: half-hearted = legally dangerous
An overview for esport teams and streamers My blog is now full of legal questions and warnings that affect esports teams or streamers in one…
When does a project employee become an employee?
The problem Often enough, I have preached to clients and also here on the blog that one should not underestimate how quickly courts view a…
BGH on gaing property right of stolen works of art
The V. Civil Senate of the Federal Court of Justice, which is responsible, inter alia, for claims arising from property ownership and ownership of movable…
Online shops and obligation to take back electrical appliances
In a recent judgment, the Landgericht Duisburg ruled that the obligation to take back old electronic devices also applies to online shops. Such a move…
Esports facilities and alcohol?
Even if esports men are more likely to be the energy drink consumers, locations such as esports bars or LAN arenas are quite wondering whether…
Attention: Affiliates on YouTube, gaming websites and other networks
All affiliates affected According to my article yesterday on the judgment of the OLG Dresden (see here) that a website must also mark links to…
Affiliate links must be marked – otherwise sneaky advertising!
When I reported on influencers and streamers, I keep hearing that courts would treat new media unfairly and that veteran magazines would be able to…
No more phone numbers in the cancellation declaration?
The ECJ has recently taken a landmark decision on the issue of providing a telephone number in the imprint(see this article). Now I got some…