• 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
  • 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
  • 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

Summary: File sharing and the year 2016

23. February 2023
in Law on the Internet
Reading Time: 4 mins read
0 0
A A
0
folder ga204ae0a4 1920

The year 2016 saw numerous BGH cases on file sharing. Here is a brief summary of the decisions. If there are any decisions missing here that have been forgotten, please feel free to provide feedback:

 

Judgment of 11.06.2015 – I ZR 19/14 – Tauschbörse I

In the Tauschbörse I ruling, the BGH clearly stated that individual file fragments (so-called “chunks”) would constitute an object of protection just like complete music files. It is irrelevant whether complete pieces of music or only fragments are exchanged on file-sharing platforms.

In this case, it is not the copyright work under Section 2 UrhG that is relevant, but rather the ancillary copyright of the producer of the sound recording medium within the meaning of Section 85 UrhG. The object of protection is thus the technical achievement of the phonogram producer, the definition of the sound sequence on the phonogram. Therefore, even the removal of the smallest sound particle is an infringement of the sound carrier producer’s property right.

 

Judgment of 11.06.2015 – I ZR 7/14 – Tauschbörse II

Here, the BGH held that parents are generally obligated to supervise their child’s Internet use in order to prevent damage to third parties. This duty of supervision would, however, be satisfied if the parents were to instruct their normally developed child that participation in file-sharing networks is illegal and to issue a ban in this regard.

It should be noted that parents are not obliged to monitor the use of the Internet, to check the child’s computer or to block access to the Internet even partially. These measures are only necessary if the parents have concrete evidence that the child is violating the prohibition.

 

Judgment of 11.06.2015 – I ZR 75/14 – Tauschbörse III

The owner of an Internet connection via which an infringement of rights is committed does not satisfy his secondary burden of proof with regard to whether other persons had independent access to his Internet connection by merely asserting in general terms the theoretical possibility of access to his Internet connection by third parties living in his household.

In this case, the defendant himself had stated that no other person had had access to his Internet connection at the time of the crime because of the local absence of all of them. Thus, he had not submitted that a third person could be considered as the perpetrator. In order to invalidate the presumption of perpetration, it would depend specifically on the time of the injury.

 

Judgment of 12.05.2016 – I ZR 1/15 – Tannöd

In this context, the guiding principle was established that, when determining the value of the subject matter of a claim for injunctive relief under copyright law, the relevant interest of the rights holder in the cessation of further copyright infringements is to be determined on a lump-sum basis. The type of infringement, in particular the economic value of the infringed right, as well as the intensity and scope of the infringement are decisive.

This also includes the topicality and popularity of the work concerned as well as the exploitation already carried out by the rights holder. Thus, if a current feature film is unlawfully made public shortly after its release, the exact determination of the object value of the injunctive relief also depends on whether the rights holder has already exploited the work by releasing it on DVD as well.

 

Judgment of 12.05.2016 – I ZR 48/15 – Everytime we touch

A claim for damages in respect of file sharing is subject to § 102 p.2. UrhG in conjunction with § 852 BGB applies. The Federal Court of Justice thus ruled that even in the case of file sharing, damages are not subject to a statute of limitations until 30 years have elapsed. The BGH thus clearly states and clarifies that by making a work available on a file-sharing platform, the perpetrator would at the same time give a large number of users access to the work, would certainly obtain something, and would thus fulfill the elements of the offense.

 

Judgment of 12.05.2016 – I ZR 86/15 – Silver Linings Playbook

In this case, the Federal Court of Justice ruled that the owner of an Internet connection is generally not obligated to inform adult members of his shared apartment or his adult visitors and guests, to whom he provides the password for his Internet connection, about the illegality of participation in file-sharing networks. The illegal use of file-sharing networks and corresponding programs does not have to be separately prohibited by the owner of the connection.

 

Judgment dated 12.05.2016 – I ZR 43/15

Here, it was held that a simple factual situation cannot be inferred if the rights holder routinely pursues frequent copyright infringement. Furthermore, the unlawful provision of a recently published computer game on an Internet file-sharing platform does not constitute a merely insignificant infringement. The value of a claim for injunctive relief in this respect is not less than €15,000.

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 infringementDamagesEntscheidungenFeeFilesharingInjunctive reliefinternetKIUrheberrecht

Weitere spannende Blogposts

LG Berlin: Multiple contracts require separate order buttons

LG Berlin: Multiple contracts require separate order buttons
3. June 2023

Introduction and explanation of the button solution The convenience of online shopping has undoubtedly revolutionized our buying habits. With just...

Read moreDetails

“East German” is not bullying in the workplace

“East German” is not bullying in the workplace
7. November 2022

The disparagement of an employee because of his or her East German origin does not constitute discrimination within the meaning...

Read moreDetails

BGH decides on premature termination of Ebay auction

Small summary – Blizzard vs. Bossland
23. February 2023

Yesterday, the Federal Court of Justice (BGH) issued a decision on the conditions under which the seller may cancel the...

Read moreDetails

Kammergericht: No ancillary copyright for computer graphics

7. November 2022

An interesting ruling from my field of IT law comes from the Kammergericht in Berlin. It deals with the question...

Read moreDetails

Can Amazon view alternative products in search?

No more free tissues at the pharmacy?
26. June 2019

The I.E. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, among other things, has...

Read moreDetails

Blockchain in computer games – a new playing field for lawyers?

Blockchain in computer games – a new playing field for lawyers?
22. December 2022

Introduction: Blockchain and computer games - what do they have to do with each other? The use of blockchain technology...

Read moreDetails

Police officers also have a right to their own image

Police officers also have a right to their own image
17. September 2019

Again and again I have to make it clear to clients who stream videos on Twitch or on YouTube that...

Read moreDetails

GDPR violation not reproaforatible?

LG Munich: Data protection consent on dating platform
12. March 2019

Since I again advised a client last week on the subject of data protection in his online shop, the question...

Read moreDetails

Article in GamesMarkt eSport – Player, Business, Sponsoring

Article in GamesMarkt eSport – Player, Business, Sponsoring
7. November 2022

For GamesMarkt, I contributed content to the special "eSport - Player, Business, Sponsoring" and commented on the topic "Compensation for...

Read moreDetails
Gewerbeordnung (GewO)

Kondiktion

1. July 2023

Einleitung Kondiktion ist ein Begriff aus dem Zivilrecht, der sich auf den rechtlichen Anspruch bezieht, etwas, das ohne rechtlichen Grund...

Read moreDetails
Sperrminorität

Sperrminorität

27. June 2023

IT Law

25. June 2023
Sole proprietor / sole proprietorship

Sole proprietor / sole proprietorship

25. June 2023
business 962358 1280

Smart Contract

30. June 2023

Podcast Folgen

86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024

In this personal and engaging episode, the experienced IT and media lawyer delves deep into the gray area of his...

092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024

In this captivating episode, lawyer Marian Härtel takes listeners on an exciting journey through the dynamic world of influencers and...

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...

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

Smart contracts and blockchain

15. January 2025

In this captivating podcast episode, I take a deep dive into the world of blockchain technology and smart contracts. The...

  • 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
  • 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