Usability and SEO Blog

Law in Social Media (3 / 3). Warning, liability, judicial enforcement, recall their own content.

9th January 2010 - 20:52

Image loss warning
Caution, who urges fast can suffer a loss of image. Disputes can often settle out of court.

With the loss of image is not always one who is meant, the rights infringed, but those prior reminder too fast.
In the last part of Law & Social Media reports at the Internet World Business 9.26 by the example of Jack Wolfskin.

The big clothing manufacturers warned suppliers of textile products from small, which is also similar to its trademark "paw prints", for example, with a paw-printed cushions.

The result was a satirical photo, which the Internet World of Google Image search for Jack Wolfskin found at ....

Out of court settlement is reasonable
In simple cases, lower injury severity should be asked of the offenders for stopping the infringement. Only when this is not clear displays to be formed of a lawyer against him.

IP address identification
Platform operators have been amendments to the Copyright and trademark information to the IP address required if there is an obvious violation.

There is otherwise a criminal investigation to determine the IP behind it and the access line.
However, it also applies here more often, and even the little parts of the lead prosecutors in the investigation file-sharing cases, not always.
Offenders with a criminal act then even more energy on foreign accounts, etc., and are harder to find.

Liability of a forum,
German forum, will be presented an injunction request, if an infringer can not be determined.
The Court of Federal Court forum, can thus, the violation as a claim for injunctive Mitstörer be taken note off.
BGH also has the effect of a forum, liability extends to those seeking to have kerngleichen violations.

With Twitter Facebook or YouTube requires an international approach. not yet clarified the jurisdiction of any publication is abroad.

Publications thoughts and recall their own content

Enforcement of privacy law claims for itself provided content.
To assume is, according to Dr. Hajo Rauschhofer that German law claims for blocking, at least on anonymity persist.
The Terms of most communities also provide that a user can delete or anonymize their account.

But as well as on Facebook, for example, rights are transferred (see Ex-Facebook. In blog post " only targeting data theft? The Glass Science (4 / 5) , it is difficult.

For the offer of disclosure and Unterlizensierungsrechte can not and must content published on a platform shall be disseminated worldwide.

If a third party on You Tube has acquired rights to a video following a sublicensing, it will probably be more difficult to answer, then how does one delete an account, also for breaking the license chain in the transferee.

For the private sector is equally true:

Attention all, before expressing an opinion, with which it maybe ten years or more compliant not go into.
A video of an Oktoberfest could be just like a political statement, according to a further development of the personality, then turn out quite differently.

These articles might well be:

• Law in Social Media (2 / 3). Copyright, privacy.
• Targeting - magic word, or at least not always the solution? (5 / 5)
• Social Media What is measurable? By what measurement criterion? User-friendly. (10/10)

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