More and more courts to convict on copyright infringement, despite the lack of connection to the Internet.
Who collects third-party content on its own server without the use of permission is at risk of committing a perfect copyright infringement even if no active connection to the Internet - with all the costly consequences. This was in a state court decided the case of the Leipzig Central German Broadcasting feel that exited an illegally copied graphical representation specifically from its editorial page cared for, but failed to see that this file is no public link to another dedicated server space under a certain URL was available. Prompt, the search engine "picsearch" found this page and causes the omission creditors to re-take action against the MDR, this time from the cease and desist letter.
This was the television station to be costly, a penalty of 5,000 € (not 10.000 € as required by graphic artist) was awarded in addition to legal fees from this object value. (non-final ruling by the district court of Leipzig on 10/07/2009, 05 O 1508/08), it took advantage of the MDR nothing that was set by his own publicly accessible website is not a link or that in any event for not more Abmahnzeitpunkt active was. We know that search engines often keep not to the restrictions under the robot.txt file, but graze all that is somehow stored on servers.
The case law seems to have been sworn in this line. The Berlin District Court has abandoned its original conception in the ruling of 30.03.3010 (15 O 341/09), supporting the view of the Higher Regional Court Hamburg Higher Regional Court attached (there decision of 08.02.2010 (5 W 5 / 10 and more often)). So who copied from his website without permission to use his server goes, despite the lack of Internet connection, a considerable and totally useless risk and should refrain from this best, without exception.
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