PEOPLE'S BANK GÖPPINGEN - The Bank That We Ruined (but Not Only Us)
Sunday, March 6, 2011
Female Body Builders Huge
The Hamburg Regional Court convicted in a civil action the defendant, who in 2006 had set as nearly six-year-old in violation of copyright law two recordings in an Internet exchange, to claim damages in the amount of € 15, - to pay for each song to the plaintive music publishers. Any further claim for compensation was rejected as well as the action for damages against the father of the defendant (Judgement of 8 October 2010 - 308 Õ 710/09).
The minor defendant, in June 2006 on the Internet also sued his father without his knowledge, two songs in an Internet exchange market. As usual, could the files via file sharing other participants could be accessed and downloaded. The applicants claimed as owner of the record companies rights to the recordings of the two defendants because of the unauthorized usage at € 300, - per exposure compensation paid to them.
The LG has decided that minors the applicants is obliged to pay compensation. He had violated the copyrights culpably and unlawfully when he has copied the songs without permission and posted on the Internet. On the law of the plaintiffs were also the reproduction right and the right of public access. When the amount of damages, however, but must be parked on what reasonable parties would have agreed with the conclusion of a fictitious license agreement as a reasonable royalty for the use of music recordings. Since there is no directly applicable tariff for being valued uses, the appropriate license must be estimated. Now comes the really interesting part: In the Court considered that it was in question were indeed connections to such famous artists that the recordings of 2006, but already many years old. Thereafter, only a limited demand could be adopted. Moreover, since they claimed that a short period in which the titles were available for downloading, the court estimated that there are 100 at most to downloads could have occurred per title. In orientation to the GEMA-rate VR-OD 5 (use of works in the way of the music-on-demand for private use) and to the settlement proposal of the arbitration board of the German Patent and Trademark Office on 5 May 2010 has in arbitration proceedings between the BITKOM and GEMA, the court, the proper license to € 15, - estimated per title.
The action for damages against the father of the minor defendant was rejected by the district court on the grounds that this was neither perpetrators nor participants in the copyright infringement. Although he was regarded as troublemakers, because he had found his son in breach of the duties of monitoring Internet connection. Through this Behavior is considered by the LG Hamburg, however, does not create liability for damages.
Related links on the pages of the law firm Dr. Palm:
music, file sharing and legal
disturber liability - troublemakers - perpetrators
control duties - parental duties
Cologne District Court for file sharing
Thursday, February 3, 2011
Toronto Driving License Exchange
If the termination of a contract by Amazon, eBay or other powerful online houses in view of possible monopolies an unfair disadvantage against which we can fight back? Ultimately, the problem is that it respectable and dubious Dealers are, user ratings properly, but also "revenge" - or "competitive" assessment process. Finally, the interests of large Internet worldwide is understandable here to implement effective regulations. Specifically, here is a lot of improvement and need to balance these complex structure of interests between online home, traders and consumers.
for the online auction house eBay has already decided that it is entitled to include in general terms and conditions of an ordinary right of termination. Freedom of contract dictates it to terminate continuing obligations with proper notice. A notice period of 14 days could not be called unreasonable under the Brandenburg Higher Regional Court (in 2005) because the statutory scheme of § 621 No 5 in line. The question of the justification for an ordinary dismissal was completely detached from the legality of a previous closure of the member account of the user to answer through eBay.
The online home right after, to use terms and conditions. Which shall comply with the regulations in terms Einklarung and may provide a proper right of termination. In a continuing obligation is then a proper notice to terminate. The controlled for cancellation of notice of a fortnight would not be be described as inappropriate. The dismissal was not contrary to that here is a link to the previous account suspension. independent of the previous closure - - Crucial that eBay had stated explicitly, one can speak "additional" is the termination. Therefore, it would not matter that the defendant, without any previous blocking - perhaps - would have had no reason to resign. The question of the justification for an ordinary dismissal is completely unrelated to the disputes of the parties as to the legality of the closure of the user account of the plaintiff by the defendant to answer. Because that would be the requirement of good cause, in fact, the requirement of notice of dismissal. This sits uneasily into the control system. In the present case but it was a private seller. For traders, however, is still the question of a dominant position. The Berlin Supreme Court has made a similar assessment in 2005, yet made to the GWB-position problem.
principle, then choose a platform operators such as ebay also free on the creation and maintenance of business relationships. The right honorable Member in the course of their business used the platform of the defendant may not have access right from the prohibition of abuse derive a dominant position (§ § 33, 19 paragraph 4, 20 Section 1 ARC). But
should hold the platform operator in a dominant position. A dominant position is presumed when a company has a market share of 30%, § 19 para 3 of the ARC. Whether the defendant is in the field of Internet auction houses (which was the control group) a market share of 30%, although lying close due to various circumstances. Dominance can not be determined solely by comparing the auction houses, but it is first known as the relevant market to be determined. For the product market definition was in KG-case on the jewelry trade to bring in general. That the defendant but on the field of jewelry sales a dominant position within the meaning of § 19 para 3 of the ARC was, but you can not. Moreover, should also be in a dominant position, no right of access pursuant to § 19 para 4 No 4 of the ARC made. Although covered with § 19 para 4 No 4 GWB and virtual networks and infrastructure. § 19 para 1 of the ARC was also a vertical direction of protection, ie it is not only protection from competitors, but also a protection of a non-competitor, such as the applicant given. But the Internet platform does not constitute an essential facility dar. because a right of access pursuant to § 19 para 4 No 4 of the ARC requires that either the device under their own self- -build is (duplication) or an access to other means is possible (so-called substitution). An obligation to contract fails because there is a possibility of duplication of the platform. This argument would perhaps take a closer look. Also, an access claim under § § 33, 20 Section 2 of the ARC failed. While asking § 20 para 2 of the ARC of dominance, but grab an already when a company small or medium-sized enterprises as suppliers or buyers of a certain type of goods or commercial services depend, as sufficient and reasonable opportunities to avoid other companies do not exist . Such dependence was not explained been. Already the fact that the applicant business has long been their business and had taken the first time in January 2003 to online commerce, spoke in this case against a dependency. The applicant also has not argued how much of that had had on the defendant conducted business in total revenues and net profit still seen to be an evasion not to other e-marketplaces would be possible.
Sunday, January 23, 2011
Gay Crusing Spots In Northern Nj
Started
Edith Friedman in the Home of Hope in Elbasan / Albania
has the mission of the Free Church Gospel in action in Linz. A young team of committed Christians visited in 1991 and 1992 shortly after the break, the country of Albania. After 47 years of communist rule in 1990 passed the fall Enva Hoxha and allowed the reconstruction of the country.
early as 1992, was renovated a beautiful old villa in the town of Elbasan and was supported by the municipality for a children's home provided. Already in October 1993 was the first child included in the home of hope.
Mike and Judy Smith, a retired couple from England ran the home until 2002. In 1995 a second house across rented and purchased two years later. Overall, about 20 children were cared for in family units at a time in the houses from the home of hope.
street children, orphans, poor children were from villages and Gypsy children from nearby slums shelter.
The financing is mainly through sponsorships in Austria, England and Germany. In 1997, the Association Helping Hands - Helping Hands in the Salzkammergut opened and now has its headquarters in Traunkirchen.
In the same Year were the children with their teachers through the courageous commitment of the parents' home off lightly the civil war in Albania.
2001, CRY (Care and Relief for the Young) England derived as equal partners to support and advice from Home of Hope.
in 2004 took over the Albanian Arjan Emini, the children's home, about 15 employees (teachers, social workers, teachers, cooks, etc.) offered employment. In summer, the children were allowed
to Durres on the Adriatic Badeuralub or on a camp in the mountains to Scodra.
Since 2006, the number of institutionalized children decreased and a licensed day care center was built in the main house, especially Roma children a preschool program and a leisure service brings.
From 2006 - 2010 Helping Hands also supported a soup kitchen in Elbasan, called the bread of life from the British NGO A2B (Aid to the Balcan).
be shown here, about 60 elderly people daily and 35 children with a warm meal.
In May 2008 a new board was elected by Helping Hands: Sonja and John Horse Wood, a physician and a retired engineer and social manager who built a new work in Mombasa, Kenya.
In 2010, the Home of Hope were the English Charity CRY pass and set the help for the soup kitchen in Elbasan by 100% for the new school project to give in Kenya.
Helping Hands took over from Pastor Dickson Okoth built Children Centre Mombasa in Kenya and could provide the help of donations and sponsorships to about 220 children. In summer 2010
could be purchased with donated funds on a large plot near the old school. In the autumn, then started the construction work under the direction of John Wood and Horse as early as January 2011 were the new classes related.
In Austria, the club could Helping Hands down, in number of members and approximately 120 sponsors and donors.
new class in the Helping Hands Community Primary School
Traunkirchen, in January 2011