Cease and Desist, Designs and Journalism - Intellectual Property Pulse

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Cease and Desist

Designs

Journalism

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. More from our authors: Law of Raw Data.

Contracts

Contracts Copyright Law Cease and Desist

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

JANUARY 31, 2023

Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. In relation to uploaded, the BGH concluded that the financial model adopted was based on the availability of illegal content and was designed to encourage its users to share such content via the platform.

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

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