Kluwer Copyright Blog

DECEMBER 14, 2022

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S.

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Kluwer Copyright Blog

JANUARY 31, 2023

Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. The plaintiff in “ uploaded II ” was a scientific publisher that held exclusive rights of making available to the public in medical books. The resulting conclusion in the BGH case law (e.g.,

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.

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Kluwer Copyright Blog

MAY 31, 2022

The liability privilege therefore also applies to cease and desist claims, unless a prior warning letter was sent and the allegedly infringing content was not taken down quickly enough after a reasonable review.

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