• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Liability for unsecured WLAN/gate exit node

7. November 2022
in Copyright
Reading Time: 3 mins read
0 0
A A
0
urheberrecht

The German Federal Court of Justice has ruled that the operator of an Internet access via WLAN and a Tor exit node is liable under the new version of Section 8 para. 1 sentence 2 of the German Telemedia Act (TMG)* is not liable as a “Stoerer” (interferer) for copyright infringements committed by third parties via his Internet connection by way of file sharing. However, a blocking claim of the right holder according to § 7 para. 4 TMG nF can be considered.

The plaintiff is the owner of the exclusive rights of use to the computer game “Dead Island”. The defendant maintained an Internet connection. On January 6, 2013, the program “Dead Island” was offered for download on an Internet file-sharing platform via the defendant’s Internet connection. The plaintiff issued a warning to the defendant in March 2013 and demanded that the defendant submit a cease-and-desist declaration with a penalty clause. Previously, the plaintiff had sent the defendant two legal warnings for copyright infringements committed via his Internet connection in 2011 relating to other works by file sharing.

The Federal Court of Justice has ruled that the defendant is obliged to compensate the warning costs under the relevant law in force at the time the warning was issued, because it is liable as a “Stoerer” (interferer) for the infringement of the rights of third parties. The defendant was in breach of duty in failing to secure its WLAN against misuse by third parties by using the encryption standard that was current at the time of purchase and an individual password. In the case of private provision by the defendant, this obligation existed without further ado as soon as the connection was put into operation. Insofar as the defendant provided Internet access via WLAN on a commercial basis, he was obligated to take these security measures because he had already been notified that copyright infringements had been committed via his Internet connection in 2011 by way of file sharing. The assumption of “Stoererhaftung” (Breach of Duty of Care) is not precluded by the fact that the work named in the notice is not identical to the work affected by the renewed infringement. The liability requirements are also met if the infringement occurred via the Tor exit node operated by the defendant. The defendant was in breach of duty in failing to take technical precautions to counteract the known risk of copyright infringements through file sharing.

On the other hand, the Federal Court of Justice overturned the order to cease and desist because, according to the new version of Section 8 para. 1 sentence 2 of the German Telemedia Act (TMG), the provider of Internet access cannot be held liable for damages, removal or omission of an infringement due to an unlawful act of a user. If an act is no longer unlawful at the time of the appeal decision, the award of injunctive relief is out of the question.

Against the application of § 8 para. 1 sentence 2 TMG nF, the BGH also did not see any concerns under EU law. It is true that the Member States are obliged under Art. 8 para. 3 of Directive 2001/29/EC and the third sentence of Article 11 of Directive 2004/48/EC to provide for the possibility of injunctions in favor of rightholders against intermediaries whose services are used by a third party to infringe a copyright or related right. The German legislator has defined the access provider’s liability to cease and desist in § 8 (1). 1 sentence 2 TMG nF excluded, but at the same time in § 7 para. 4 TMG nF provides for a claim against the operator of an Internet access via WLAN aimed at blocking access to information. This provision should be amended in line with the Directive so that the blocking claim can also be asserted against providers of wired Internet access. The right to blocking measures is not limited to specific blocking measures and may also include the obligation to register users, to encrypt access with a password or – in the most extreme case – to block access completely.

For the examination of the question whether the plaintiff has a claim against the defendant for the blocking of information pursuant to Section 7 para. 4 TMG nF, the Federal Court of Justice referred the matter back to the Higher Regional Court.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghComputerComputer gameCopyright infringementDamagesDeclaration of injunctionDisturbing liabilityFederal courtFilesharingHaftungInformationInjunctive reliefinternetLawsRegistrationTelemediaUrheberrechtWarning

Weitere spannende Blogposts

The challenge of contract design: combination of software development agreements and atypical silent partnerships

Data trusteeship in IoT projects
8. February 2024

Introduction: In my daily practice as a lawyer in the field of IT law, I regularly encounter the challenge of...

Read moreDetails

Relocation of the office and other updates

Will there soon be material defects for digital content? Obligation to update software is coming!
7. November 2022

In the last two months it was a bit quieter on the blog and the website. The main reason is...

Read moreDetails

We supplement our pensions with computer games!

We supplement our pensions with computer games!
7. November 2022

I should perhaps archive this article from the BZ (tabloid newspaper from Berlin) from yesterday, if once again a sponsor,...

Read moreDetails

Protect streamers from warnings

youtube 3503481 960 720
21. November 2018

As I have pointed out several times in posts, the risk of running into the warning trap, especially from young,...

Read moreDetails

News about esports, streamers and influencers

News about esports, streamers and influencers
9. July 2019

In the meantime, a large amount of information for esports teams, esports players, streamers and influencers have come together on...

Read moreDetails

Advertising for free e-mail no unreasonable nuisance

speakers 453475 1280
4. February 2019

In the last blog articles I had written a few times regarding the separation of advertising and content, especially with...

Read moreDetails

Abusive warnings are punishable by law

Abusive warnings are punishable by law
7. November 2022

Although the concept of the warning notice, contrary to the often expressed opinion of many non-lawyers, is basically a very...

Read moreDetails

Regulation of DLT – a brief overview

Regulation of DLT – a brief overview
2. December 2022

Regulation of DLT (distributed ledger technology) is a hot topic in the crypto world. Many executives and decision makers are...

Read moreDetails

Supreme Federal Courts on Mastodon

Supreme Federal Courts on Mastodon
2. March 2023

Since yesterday, the offerings of the Federal Court of Justice, the Federal Administrative Court, the Federal Fiscal Court, the Federal...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024

In this exciting episode of the itmedialaw.com podcast, we take a deep dive into the highly topical subject of digital...

Read moreDetails
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024
8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung