• 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

Obsolete CMS does not lead to fault liability

20. February 2019
in Copyright
Reading Time: 2 mins read
0 0
A A
0
copyright

The issue of disruptive liability often makes lawyers frighten enough, because it is a very German legal construct that has been extremely unpredictable for a long time. Even if the liability for interference is particularly well-known in the file-sharing sector, the legal figure exists in many variants, e.g. as a disrupter, a disturbance of the state or a co-disrupter, which regulate general regulations in property law as well as administrative law.

In the field of IT law, however, there is now another interesting decision from the Hamburg Regional Court. After that, an injured person did not want to claim the infringer, but the operator/user of the CMS, on whose portal the infringing photos were uploaded. The District Court of Hamburg rejected this request. It decided that an offenderorship of the operator or his responsibility for employees under Paragraph 99 of the UrhG, at least in the context of the summary procedure for the adoption of an injunction, could not be considered with the necessary security if the operator had to that, as a result of changes in the layout, a hacker attack from outside was probable and that only three employees of the operator with administrative rights were authorised to upload content at the time of the offence, which in turn was authorised to affidavits that they did not upload the content in question.

Similarly, the Landgericht ruled that the operation of a CMS which is not up-to-date with the update would not give rise to liability for interference if there was no dispute that third parties had access. As a reason for this, the court used the quite questionable opinion that a hacker attack by third parties could not be ruled out in general, even at a current state of the CMS.

Since I know the Chamber at the District Court of Hamburg from other proceedings, my impression of questionable technical knowledge is reinforced. As much as I support the fact that the legal institution of fault liability is not overstretched to such an extent as is regularly the case in other cases, for example, Wi-Fi liability is so fatal, I think that the message that comes from such a judgment is so fatal. If operators of, for example, WordPress sites etc. no longer threaten legal disadvantages due to the failure to use security patches and the like, the motivation of operators is even lower than is already the case. As a result, criminals are made particularly easy to take over servers, distribute viruses and Trojans, or use the servers for DDOS. Surely it is true that even a fully updated system is not safe, especially not from professionals or users of zero-day gaps. However, the consistent use of security updates makes it harder for script kiddies to take advantage of common vulnerabilities.

With this ruling, the Regional Court of Hamburg has sent out the wrong signal without need. It could have simply ruled that, in the case of a CMS that was secured, there was no liability for interference. This is also true, of course, since the judgment is in some way inconsistent with facts in which, for example, a WLAN operator has not infringed copyrights himself, but which in turn require that the most recent and safest encryption technology is used. It remains to be seen whether the applicants will use the appeal of the immediate complaint or leave it at that the portal operators have deleted the photo at issue within a few hours.

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: AppealsDisturbing liabilityFilesharingHaftungHamburgHamburg District CourtIT LawJudgmentsKIPortalServerSicherheitUrheberrecht

Weitere spannende Blogposts

Soon no Twitch, Steam, Discord, Twitter for under 16s?

Soon no Twitch, Steam, Discord, Twitter for under 16s?
7. November 2022

Will young people under 16 in Germany soon no longer be able to use Twitch, YouTube, Discord, Steam, Twitter and...

Read moreDetails

LG Wuppertal: Payment via PayPal to online casinos

Gambling vs. Skillgaming, a small demolition
7. November 2022

For individuals who thought in the past that they could participate in online casinos and get their money back later,...

Read moreDetails

OLG Düsseldorf allows tight best price clauses

OLG Düsseldorf allows tight best price clauses
4. June 2019

An internet booking portal may oblige hotel operators not to offer hotel rooms on their own website at a lower...

Read moreDetails

Triangular relationships in influencer marketing: Exciting aspects from Offenburg Regional Court

Triangular relationships in influencer marketing: Exciting aspects from Offenburg Regional Court
17. February 2024

In my legal practice in the areas of copyright law, competition law and IT law, I regularly advise management of...

Read moreDetails

The final draft of MICAR (Markets in Crypto Assets Regulation) is available: A rough overview of the content

ECJ to decide whether consumer protection agencies may issue data protection warnings
20. April 2023

The final draft of MICAR (Markets in Crypto Assets Regulation) is now available and marks a significant step in the...

Read moreDetails

Kraftwerk, sound sequences, copyright – The Neverending Story now at the ECJ

copyright
18. September 2023

The German Federal Court of Justice has decided to refer questions to the Court of Justice of the European Union...

Read moreDetails

Facebook: New rulings on deletion claims

Facebook: New rulings on deletion claims
7. November 2022

Recently, there have been some decisions on deletion claims against Facebook, which I would like to present here. Amount in...

Read moreDetails

Privacy/Ex-employee and the use of a catch-all email

Privacy/Ex-employee and the use of a catch-all email
24. July 2019

An underappreciated problem Time and again, I see that clients of mine who are struggling with staff turnover or have...

Read moreDetails

Data protection: “Targeted advertising” through “legitimate interest” at the end? EDPB vs. meta

Data protection: “Targeted advertising” through “legitimate interest” at the end? EDPB vs. meta
4. January 2023

Just this morning I reported on the LG München decision on Focus.de, and another decision seems to have dealt the...

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

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

Read moreDetails
092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024
4f3597d5481e0f38e37bf80eaad208c7

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

26. August 2024
fcb134a2b3cfec5d256cf9742ecef1cd

The unconventional lawyer: a nerd in the service of the law

26. September 2024
d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 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