Tag Archives: law

Filesharing Warnings

Calculation basis for damages challenged the higher regional court of Cologne has currently in proceedings (file number: 6 U 67/11) in connection with a cease and desist letter for file sharing, a significant note decision adopted. In this decision, which indicates that the OLG Cologne is revising the earlier assessment to the calculation of damages against file sharers. Calculation basis is challenged so far the tariff Board W are taken the music admonition from (or film) industry and the courts I. GEMA for the assessment of damages in these cases. Then arises as minimum license according to this tariff, that is a payment of 100.00 for up to 10,000 calls to make. Now the judges however have argued, that this fare is not the actual facts facts about file-sharing. Here it would rather apply a damage, which would be the rights holders as a result, that protected works in an unknown time downloading available has been made. Therefore be not the so-called tariff VR-W I, but the tariff 5 applicable VR-OD, who has the use of individual titles by download to the subject.

Herein lies but a serious difference, because instead of the minimum sum of 100,00 per title this tariff per successful access sees only an amount of 0,1278 ct. before! Note decision of the Oberlandesgericht Koln, another for the filesharer very favourable point of view as a hint to the wailing music publisher is given: “it will be to consider further the following: setting the title in the Exchange Borde has allowed although – as the the starting point applicable to applicants – an incalculable number of involved access to these, there are claims for damages but also against all those (unless culpably acting) other unauthorized users in turn.” A – for this reason at least theoretically possible he shining – multiple assertion of the same damage without crediting the already made compensation of one of the wrongdoer may be unjustified in the approach. Also This point of view is indeed against the basis of the GEMA tariff favored by the applicants, because this basis without further up to the 10,000 title.” (OLG Cologne – 6 U 67/11) Was abandoned here now the wailing music publishing house, in addition to present to the extent of the damage. This assessment could lead in regard to the fixing of licence fees and value in terms of file sharing to serious changes of the OLG Cologne, currently is however not yet, how this will affect the current process. Lawyers Dr. Mahlstedt & partners – your law firm in Bremen. For information, see

The Country Cave Protection Act 1924 In Legal Fact Research

Paragraphs, objectives, content and enforcement clauses of this lower Austrian nature conservation Act the country cave Protection Act 1924 is a quite historically relevant standards in the field of nature protection and was adopted by the local Parliament at an early stage of the Republican lower Austria. Through the analysis and review of the paragraphs, objectives, content and enforcement clauses of the country cave Protection Act 1924 the substantive and procedural content is discusses in the sense of a legal fact research here now in detail. The nature protection law had its beginnings in the State of lower Austria in the monarchy. In Republican lower Austria from 1919 a range of nature-protection standards was but then also adopted and thus inserted in the rule of law. In this context is about the mole Protection Act 1920 or the conservation law in 1924 to name a few.

Country cave Protection Act included the paragraphs of the country cave Protection Act 1924 to govern 13 to the facts according to. Thus it is in the scale of standards in the category of medium-sized density (> 10 < 50 ) to classify. A minor Dichte(<10) and a high of are Dichte(>50) the nature protection act 1924 not to apply. “The goals of the national cave Protection Act 1924 as 1924 the protection, conservation and recovery of natural caves in lower Austria, in particular its development for tourism was goals the country cave Protection Act 1” appropriately regulated. The contents of the country cave Protection Act 1924 settled the relevant administrative and management-criminal issues in detail in the paragraphs 2 to 12 country cave Protection Act 1924. Section 13 country caves protection law was regulated in the simultaneous entry into force with the nature protection act 1924. The enforcement clause of the country cave Protection Act in 1924 with the completion of the national cave Protection Act 1924 was the lower Austrian Provincial Governor Buresch(CSP) and the lower Austrian Landtag Called Junkel(CSP).

Legal Protection

Nowadays, many people in Germany have a letter from lawyer quickly in the post. Nowadays, many people in Germany have a letter from lawyer quickly in the post. This letter is often a cease and desist letter, Rasch on behalf of a group of media written by lawyer. Content of the letter is regularly the request by lawyer Rasch, a cease and desist to sign or the invitation to pay a certain amount as compensation. Basis of the claims is an infringement, which accused the Dunned for filesharing. The shock of those who quickly have received such a letter from lawyer, sits mostly deeply. Because rarely is expected with a letter of formal notice, let alone with the content of the letter.

Those who after receiving a letter containing the accusation of copyright infringement due to filesharing, to contact an attorney who is familiar with the legal matter be properly. It may be difficult to find even a lawyer, the is already Rasch has grappled with letter of Attorney and appropriate Dunning cases handled. It can be benefit to hire a lawyer, who already has engaged in similar or even identical letters of formal notice with the own thing. You can find lawyers who already have dealt quickly and its letter of formal notice with lawyer, as targeted in the Internet. So, alerts an appropriate Attorney lawyer usually on its homepage on the cease and desist letter cases quickly and gives instructions how to act in cases, where it quickly is affected even by a cease and desist letter from lawyer. Therefore, it should be not difficult to find such counsel. Also the further procedure is then very easy. To contact the relevant law. There the necessary contact data on the website of the lawyer, also a contact form should be available in most cases. It is important not that much time in the country to let go, because legal protection is most effective, if before the expiry of the payment period in Claimed.

Federal Supreme Court

“” Federal Supreme Court declared two exclusion clauses in legal expenses insurance for ineffective the insurance law competent IV. civil Senate of the Federal Supreme Court on the 08.05.2013 decided that used by numerous legal expenses insurance in their insurance conditions effects clause “and the prospectus liability clause” are ineffective. According to these clauses, legal expenses insurers grant their policyholders no legal protection for the legal interests in any causal connection with the purchase or sale of securities (E.g. shares, bonds, investment units), as well as the participation in investment models, on which the principles of liability for the prospectus are applicable. To justify the Bundesgerichtshof points out that the clauses opaque and are therefore ineffective, because the average policyholder can not sufficiently clear remove those clauses which transactions of the exclusion should be recorded. Jacob I Guilleaume lawyers welcome the consumer-friendly Decision of the Bundesgerichtshof expressly and advise all investors, who should have received a rejection from your legal expenses insurance, this checked by a qualified lawyer.

Investment Advisor

Afterwards, it is always smarter. For this, you must adhere but not necessarily as a mediator. So a BGH judgment on liability of the investment advisor due to injury his testing duties. Berlin, 19.04.2013 – intermediaries are not liable if later positions of the concept prove inaccurate, that previously were not recognisable in the context of the validation, so the Supreme Court in a recent judgment. A consultancy contract is completed with the inclusion of a consultation between advisors and customer at least implied. From this follows inter alia the obligation to the object-oriented”advice.

Then the investment advisor to those properties and risks of the investment object has to point out, that have important significance for the individual investment decision. Check who an investment a customer will recommend, it must therefore with critical expertise”. Will fail this test, this only leads to a liability if in advance a risk was identified had to be informed about this. The German Federal Court (BGH) now has a “recent decision to position, when as a there are reasonable grounds” is, a risk is identified, is to distrust the information in a brochure so when during a test or in-depth investigations are to operate. Occasion for critical questions to exist if a position in a prospectus is not plausible according to the BGH. Therefore, this test is also validation”called” specialised so lawyer Dietmar Goerz of adhesion processes in the financial service management firm GPC Law. In a prospectus was implausible, so the Supreme Court, if there is no comprehensible reason in the intended investments for this position or whose height apparently moves outside of the reasonable frame.

But positions in a brochure, which are rather insignificant in relation to the total cost must be even broken down according to the judges in Karlsruhe. This applies especially when for the investors in the framework of cost composition before the respective total amount of position of importance is all. Because the total amount was insight which expenses or other soft costs”are costs and how much money will be invested in the investment object, whose market value determines the value of the investment in the main. Irrelevant if, according to the drawing positions of the investment concept prove the investment na, which were previously undetectable. When an investment adviser, for example, not suspected had to huddle up, that a cost item is hidden donations to the founding shareholders. “The decision is once again positive for the brokers of capital investments, so the lawyer of Gorizia. It often happens that mediators be held liable together with the product dealer for problems within an investment, were not identifiable for asshole. This is always a difficult question.

Was Using A Sick Leave

Suspicion of sick leave fraud in the event of sickness continuously it happens that an employee uses the salary promised to them in the event of illness, with fraudulent intent (fraud by using a sick leave). It is always a question of reliability to the company, which is battered by using this action. A diseased worker has the obligation to communicate its business owners directly about an illness, which excused his staying away from the job. No later than on the fourth day of the illness a surface must exist when the entrepreneur, the incapacity for work medically confirmed. But always there are disputes on a sideline, which operated in the course of such disease time. Produced mistrust also on workers, fall usually by cocks at work with the aid of a flimsy requests from the eye. Often enough it is so-called “blue makers” without energy pulse. Suspected cases of fraud by using a Sick leave according to German case law have sick employees to refrain from any actions which impede their recovery process or disrupt.

Integrating a secondary activity belongs to this case abundantly during such a period of illness. Equally strenuous physical work in the improvement phase, such as the Organization and carrying out a move, are most definitely not. Employees who are suffering from increased pyrexia, may not even out of bed, even though an employee, which has seen a slight herniation, certainly to be found in the swimming pool can be. Discreet sporty activities benefits in this case rather than that it hurts. It is in no way as easy to assess the situation precisely, because each situation is unique. Quite certain criteria indicate quite often catchy, that is a scam. A scam using a sick leave is not a trivial offence and represents an unlawful act.

This can in any fact criminally pursued If the affected owner filed charges. Feigned sickness called sick leave fraud or salary fraud, can cause an extraordinary termination of the contract under certain conditions. Taute security management – proper assistance in resolving cases of fraud have you obvious doubts about the accuracy of statements their employees, can take always the proper services of the Detektei Berlin claims. The company pursues its suspicions correctly also absolutely unremarkable and confirmed this possible if necessary, so that you can take appropriate action. The Berlin private detective agency, edited a lot of such operations nationwide and has years of experience in the investigation of fraud with the help of a sick leave. The economy Detektei Berlin this assists you to determine beyond doubt the offense of “Fraud by using a sick leave” not merely subjective, instead also gerichtsverwertbar to document. So are you ongoing and invaluable labor court processes and possible image damage, which may become in connection herewith, saves. Taute security management INH. Christian Taute WANA Kaew Road 26 10318 Berlin