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File Sharing

OLG Cologne decides to several issues of the arrangement in favor of dunned down consumers took a decision of 24th March 2011 the OLG Cologne (AZ.: 6 W 42/11) on several issues of sharing in the Internet. Was subject to the copyright warning due to alleged upload a computer game about a sharing network on the Internet. The applicant is the owner of the exploitation rights for the computer game. She let legally warn the defendant and at the same time called on to submit of a punitive cease and desist. MSCO may help you with your research. Out of court because no agreement was reached, the applicant applied (mutatis mutandis), to condemn, to refrain from, to publicise the game without the consent of the applicant on the public Internet or facilitating this third party, the defendant and the applicant 651,80 costs an on the 3.3.2010 outspoken warning, calculated from the value in the amount of 10,000 and 510 as the fictitious license fee to pay. This Court decision dealt with the question of whether the defendant is entitled to the grant of legal aid.

The Court decided not in the thing. Now, this is the task of the regional court of Cologne. However, concrete decision requirements made the LG Cologne with regard to several different so far answered questions. A. the have or claim can be taken as criminals or troublemakers claim.

Offender is one who even upload the copyright illegal undertaking. Violator is the connection owner, the upload does not itself makes, but third access to his Internet connection and allows for such breaches of the law. In the past, the plaintiff in Filesharingverfahren frequently requested the defendant to refrain from having, to make publicly available the protected works or allow this to third parties. With this decision, the OLG Cologne clarified that a claim which mixes both forms of action, was too vague.

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