Sunday, December 5, 2010

Tech Deck Ramps With Gray Plastic Parts

warnings of the firm Waldorf Frommer Sony Music: The three? - Path of Fear including radio plays

The firm is currently warns Waldorf Frommer from Munich on behalf of Sony Music Entertainment Germany GmbH.

subject of the warnings are the popular radio plays from the series "The Three Investigators"

including the consequences
path of fear (137)
The secret staircase (138)
The mystery of the Diva (139)
Where is the Connection owners to deliver an imitator, the payment of legal costs and damages incurred. The Abgemahnt shall submit a settlement offer from 856.00 EUR.

is claimed that the audio book was offered on the Internet Abgemahnt for download. It was also indicated that regardless of the actual perpetration, Sony BMG was entitled to substantial damages, as the Abgemahnt in any event be obligated to reimburse the legal costs and the required expenses according to § 97 a UrhG.

If the connection shall be liable for damages or for the costs of warning depends However, the individual case. A note the recent decision by the BGH of 12 May 2010:

If you follow the reasoning of the Supreme Court, so therefore there is no general and "automatic" liability

The court thus presupposes a violation of auditing requirements, which leads only to a liability then individuals have a duty to be reasonably.. to examine ways that the port is through adequate safeguards adequately protected against being abused by outside third parties for the commission of violations. What is reasonable, are determined first by the respective technical capabilities, the connection owner is only obligated at the time use of purchase of the router for the private sector arm's backups.

How should one behave?

A response to the warning should be done in any case, since the Abgemahnt otherwise you risk the opening of court proceedings (interim order or injunction). This leads to much higher costs of infringement litigation.

The requested cease and desist should not be turned over in the format requested. It goes beyond that which may require the warning. The explanation is, therefore, modify it under expert advice. In particular, often the whole repertoire of the copyright holder is included, far beyond what the act of infringement goes out

Beware also cautions that decided to take matters in hand and explain your point of view of the firm warning letters. You risk giving the other party information to the hand that can be used against you.

If you have been recipients of a warning, we are happy to develop a strategy based on the individual case and your agent nation-wide. We have experience in hundreds of Abmahnfällen and throughout Germany.

0 comments:

Post a Comment