Yalnizca

The World and Modern Science

  • Jun 17

    What caused our life judgment of 12.5.2010 the summer. With free file share programs that are accessible free of charge on the Internet, it required not more than a few clicks of mouse to download his current favorite songs. But that this copyright rights are infringed, it is not clear to many users. (PM) Hamburg, 17.12.2010 more than 7 million Germans use today Internet file sharing networks to download individual songs or entire albums, and to provide for others. That this approach, according to Internet and copyright law in Germany is not legal, should be now known.

    Nevertheless, many users are shocked when they are enforced from after the joy of the savings by offering free. In recent months, several German firms damages and cease and desist on especially sent Internet users, which made music files available for others. That the cease and desist letter fees demanded in the past, in some cases too high have failed, the law firm of Baek Law has now recognized. Should the target be users economically to damage, it is the message conveyed, that is to refrain from downloading and deploying copyrighted media. The firm follows the ruling of the Federal Supreme Court (BGH) of May 12, 2010 (I ZR 121/08 summer of our lives), by law, it was recognized that individuals for the unauthorized use of their Wi-Fi connection to the responsibility can be drawn. Therefore, the owner can be sentenced to the omission if a third party access to this illegal music downloads ( 1004 BGB).

    A claim for damages is not, however, the BGH decided in its judgment. On the basis of which puts the firm Baek Law new characters and reduced its claim amount on fixed sum of 100 ( 97a II UrhG) subject to applicable data collection costs, unless it can be demonstrated that the connection owner at the time in question was not the culprit. Lawyer Peter Kimm from Hamburg has understanding for the made Change the firm added: the receivables amounting to 183,21 appear to be low. However not to appear at the Dunned down, that the cash flow is intentionally accelerated. Rather it comes more costs to avoid, in which a lawyer is sought, which calls for mostly a usual rate of 200 or more. The Internet user should more or less be offered the opportunity to recognize its mistake and feed available without having it accumulate debt. Who is nevertheless the intention comparison white low demand not to come to the shouldn’t occur always in consultation with the other party and the thing does not rest. In these cases an attorney should be switched on instead, so that it will not be an order or court proceedings.

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  • Jun 12

    When must you warn before a termination? Is it useful to proceed against a warning? When a warning is given you, explains the employer so that he is dissatisfied with a particular course of conduct, or with your services. It is connected to the warning with the threat, you must count when you repeat the dunned down behavior with a termination. The employer will regularly either give a stern warning with the warning or already preparing a termination. Typically, the (possibly multiple) warning is essential for an effective behavioral termination. The warning may be given basically formless. Reasons of proof, it is granted but regularly in writing.

    It is recorded in the personal file of the employee. Prerequisite of an effective warning is that the employer or a cease and desist letter entitled sufficiently clearly holds the manner complained about breach of duty in mind the worker and combines with the note that in the Repetition event which is at risk contents or the existence of the employment relationship. Dean gibson has compatible beliefs. The warning must scrupulously describe behavior have off. The employer must specifically name place, date and time of the dunned down behavior. The workers must be due to the warning in the position to recognize his wrongdoing and to modify his behavior accordingly. In the case of a bad performance it not sufficient therefore, if the employer only generally objected to this. Although no deadlines exist for the saying of a cease and desist letter, however, the warning should be promptly on the violation. Whenever Sean Rad, New York NY listens, a sympathetic response will follow.

    With saying the cease and desist letter, the employer has waived his right of termination for the concrete behavior. So you need not fear to receive later a notice for the same facts. But then, if you repeat the behavior have from bring their working relationship in danger. Are you reminded up E.g. because punctuality has been you should look in the aftermath of embarrassing attention, to appear in a timely manner in the workplace. Ever after Severity of dunned down behavior several cease and desist letters to discipline, including termination may be required. So although constant tardiness a worker, who also was called off, basically justifies the statement of termination, but two – or three-time delays is not sufficient within a longer period for this purpose. There is no fixed time limit for the duration of a cease and desist letter. The circumstances of the case are crucial – for example the gravity of the offence. An unwarranted warning is to be immediately from the personnel file. The employee may request that his reply is recorded in the personal file. He can verify this through consultation of the personnel file.

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  • Shell Corporations

    Filed under News
    May 15

    Coat, English limited and stock companies using shelf companies and shell corporations in Germany since the Centros decision (ECJ v. 09.03.99, case C-212/97) and the decision in the case of uberseering (ECJ v. 05.11.02 RS. C-208/00) in 2002, buying a British limited was advertised in many places. The motivation for many prospective customers of an English capital company was primarily due to the low initial capital of only 1. Although the care of an English limited overwhelmed most of the buyers and the administration only with help from third parties and with significant cost to accomplish was, sales boomed until summer of 2008.

    Then, the haunting was ending. “Because the German legislature, the English limited a thorn in the flesh” was a German alternative was created and (limited) launched the entrepreneurial society. Here, too, the minimum capital is only 1. At the same time, the legislature has taken the opportunity and within the framework of the MoMiG (Modernisierungs-and) Abuse Control Act) the Act comprehensively modernized. The legislature has deliberately not limited the possibilities for the establishment of stock companies, but rather facilitates facing the cash pooling scheme. Therefore shall apply unchanged, that buying a stock GmbH or stock-AG is a desirable and therefore sought after way very quickly to start a company. Is a stock company when (as the name suggests) is a company based on stock.

    This can be for example in the form of GmbH, AG, GmbH & co. KG, or a so-called Societas Europaea (European company). These shelf companies are”virgins, so still no business activity have had. The companies be established merely for the purpose of later sale. They are equipped so that the buyer can immediately be active with her. Above all, this means that the company in the commercial register is registered and that the capital was deposited. Furthermore – at least the reputable providers – was a vote of the company with the competent Chamber of Commerce, as well as a registration of society in the business office and the IRS.

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  • Copyright Act

    Filed under News
    Aug 10

    AG Munich, judgment of November 11, 2009, AZ.: 142 C-14130/09 also was in an earlier decision of the AG of Munich (judgment of November 11, 2009, AZ: 142 C-14130/09) noted that comes an application of 97a II Copyright Act only if there is a substantial infringement into account. In the matter was the Audiobook of “The way of the beam” accused the defendants of Dieter Bohlen on the Internet Exchange eDonkey to download offered. The Court sentenced the defendant to pay EUR 1006,00 to the plaintiff. In this decision, the applicability of 97a is negated II UrhG. The AG Munich took this as follows: “a capping of the incurred costs in accordance with article 97 a paragraph 2 UrhG present also did not come into consideration. The offer one Urheber Recht lieh LIEH copyright protected work within the framework of an Internet Exchange as eDonkey, is already not insignificant violation of law in the meaning of that provision. This arises from the fact that the contested infringement of rights in the public make of is a copyrighted work.

    It arrives for the infringement just not so, how many users actually accessed the offered work, but how many users of Internet swap copyrighted and made publicly accessible plant would have to access”the other versions are remarkable, because the Court assumed that regularly several 100,000 users is to use this Exchange. “It’s known court that at Internet exchanges such as eDonkey regularly several 100,000 users at the same time provided can access files on the download. Of this magnitude can be no longer assumed by a minor violation of the law, since unchecked and without reservation the copyrighted work was made available to a wide public. The referred to as far as exemplary cases of a minor violation of the law (insert a map on a private website, use a photograph in the) Under a sales offer an Internet auction Exchange) affect completely different bearing cases, because a significantly lower, gated persons addressed or is but offered the protected work is not for reproduction.” Attention should be also two further points of this decision. For one, the Court does a damages claim gem.

    97 para 2 UrhG amounting to 500.00 as appropriate. This is determined in the context of the license analogy. Still the Court makes it clear once again that no original power of attorney should be attached to a warning: “the warning was also due, even if no original authority according to section 174 BGB was attached to her. Although section 174 applies to BGB of its wording also business-like actions. A cease and desist letter as such but has no right shaping effect opposite the Dunned down. The injured person can successfully sue the infringer even without warning. The warning is only at the question of how the costs distribute ZPO are a role within the framework of the balance in accordance with article 93. “The provision of section 174 is a power of attorney be accompanied BGB with unilateral legal transactions, but not intended to make it easier for the infringer, to estimate the risk of costs of a process (OLG Hamm, judgment of 17. 7.2008, business signs 4 U 60/08).” More information is available on our website: your Tobias Arnold

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