PC Law for Businesses

"Stealing" a Homepage = Unfair Competition?

2008-11-07T22:17:47+01:00

Stealing a Homepage = Unfair Competition?

When copying and pasting the style and contents of web presentation for business purposes, will often be subject to claims arising from copyright law. But what if copyright law does not give grounds, will unfair competition successfully step in? The judgment of LG Cologne gave an answer to this question on July 20, 2007 (re 28 0 798/04).

For the protectability of a language work, both its kind and its scope will be relevant. If the material is a work of language totally fictional, then it attains copyright protection more often than such texts, where the material is pre-determined by organizational purposes or scientific and other topics, because here professionalese often lacks the imprinting typical for copyright protection.

Disregarding any protectability by copyright law, the copying of texts and advertising graphics can violate rules on fair competition law. The “competition law” aims at protecting competitors, consumers, and other participants in the market against unfair competition. Besides that, this law protects the general public’s interest in a genuine competition (§1 UWG).

Under competition rules, a web page can show a peculiarity protectable against imitation. Such peculiarity will be then assumed, when the concrete design or certain characteristics of the product virtually point to its origin, i.e. from a certain company. The function of this (unwritten) rule of the law is to protect against imitation that which is worthy of protection in relation to the interests of competitors, consumers, and general public. As a rule of the thumb, you can consider it illegal to slavish imitation.

It is considered as unfair competition, when you literally copy and paste the text with all pictures and styles and make no changes what so ever. However, it is under all laws legal to be inspired by a previous creation. The lesser the similarity the lesser any violation of unfair competition law.

What is the result of an act of unfair competition? The competitor has the right to demand elimination and in cases of danger of repetition forbearance for the future, and eventually damages (§8 UWG). N.B. §12 II UWG assumes ex lege that an infringement raises the danger of repetition. This means two things: You cannot just excuse yourself with an argument like: “It was exclusively for this my only one website. It was only a one-timer.” This legal assumption will usually only then be removed with a written declaration of cease and desist. When being admonished, you will be demanded to submit such declaration of cease and desist.

Published on the old CMS: 2007/12/5
Read on the old CMS till November 2008: 146 reads

Account Theft at eBay - Consequences for the Seller

2009-02-05T15:24:11+01:00

Account Theft at eBay - Consequences for the Seller

Normally, everybody supposes that only the buyer might have a problem when selling on the Internet - especially with the risk of paying upfront and not getting the purchased item afterwards. This article explores the legalities for the vendor on eBay or any other portal for selling or trading items.

Admin-c’s Liability as a Disturber

2008-11-07T21:50:55+01:00

Admin-c’s Liability as a Disturber

Many clubs have a website to present their organization. Often somebody signs the contract with the provider not really knowing what risk is involved in being “Admin-c”. This article reports on the case, where the admin-c of Google was sued because of infringing the personal rights of the plaintiff, an independent journalist, who was allegedly denying the holocaust. OLG Hamburg clearly developed rules for when an admin-c can be held liable for insulting contents with its decision of May 22, 2007 (re 7 UF 137/06).

Admonish-Proof Web Shops

2008-11-07T21:53:03+01:00

Admonish-Proof Web Shops

Thanks to offers from cheap providers, you can now get your web shop online quickly. However, you should meet the legal information requirements or your shop is preordained to fizzle.

Admonishing File Sharers

2008-11-07T21:52:04+01:00

Admonishing File Sharers

Lawyers have found a new field of business, which can become dangerous for file sharers. They are collecting evidence to identify users of illegal exchange site. Upon identification, they will be pressured to pay in order not be punished.

Admonishment for Selling Piracies

2008-11-07T21:52:32+01:00

Admonishment for Selling Piracies

My client auctioned off four baseball caps from his favorite team two weeks ago. A seller bought all of them and paid promptly. A few weeks later, the baseball club’s attorney admonished him that he was selling piracies. He demanded that my client sign a negative covenant and pay an invoice over € 1,600. The client asked me whether he was really legally required to pay.

Basic Price and End Price go Together

2009-09-22T13:06:02+02:00

Basic Price and End Price go Together

When describing your product (on the Internet) do you have to add up the basic price then or will it suffice, to do this when the ordering starts? The BGH solved a dispute on this question on February 26, 2009 (re I ZR 163/06).

Bringing the Basic Price into Your Online Shop

2009-10-12T11:59:59+02:00

Bringing the Basic Price into Your Online Shop

As previously reported, in the article: "Basic Price and End Price go Together, the Federal Court of Justice ruled that the basic price only meets the requirements of §2 I 1 PAngV when the end price for countable products and the basic price are on the same page. This article will give you practical hints how to implement this judgment as it can be expected that may "professional admonishers (the internet equivalent of ambulance chasers)" will be on the hunt for shops that do not meet this requirement.

Contact Form instead of Imprint

2009-08-04T07:11:16+02:00

Contact Form instead of Imprint?

Formalities and even more legalities... In the mean time we have learned that a website must have an imprint with all the company's details. Among these details is the eMail address. One clever businessman came with the idea of replacing the eMail address on the website with a contact form. What do believe are the odds on what the LG Essen decided with its judgment of September 19, 2007 (re 44 O 79/07).

Dialer-Fees Exceeding € 2 Are Illegal

2008-11-07T21:56:39+01:00

Dialer-Fees Exceeding € 2 Are Illegal

Has your phone bill recently exploded because all of sudden your calls were made not via your flat rate provider but via a slow and pricey toll number? More and more courts are rejecting the collection of dialer fees if the sum exceeds € 2 / minute or € 30 per connection.