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Landgericht Hamburg file sharing € 15 per file

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

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monopolies in the Internet?

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.

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History of Helping Hands

Started

summary of the history of Helping Hands

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

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sponsored report in November 2010

Linz, 25 November 2010
Dear friends!

Here is a brief report on the progress of construction in Mtwapa:
John's since 5 October again in Kenya and manages the construction of the school.
Shortly before his departure had arrived and the building permit on his arrival the well diggers came in just over 30 meters on a clear, sweet water.
The outlines of the buildings were first selected, then the foundations were dug a little deeper than usual, because the soil is sandy.
replace Kenya in huge blocks of stone, smashed the spot will need the ballast. The concreting of the foundations and then followed the construction of the walls.
12 classrooms (8 for the elementary school for kindergarten and 4) are now and will be plastered inside and painted.
The office and the two toilet blocks are already operational. The cook house, financed by the Swiss couple Heidi and Willy Rüegger is being created, along with the water tower for the 4200 l tank. Herbert Friedl Traunkirchen is John at the Engineer a big help.
was today carried out the large moving from the "old" school - all the material, to the last fence post, and was moved to the new site will find good use.
Also today held its closing ceremony for the old school year - in addition to the new school. It was a nice, big party, with songs, dances, a short sermon and prayers. Then there was for everyone - students, parents and teachers - a common feast. Now all looking forward to the start of school in January at the new school. Until then, however, still a lot to do.
as I was for 16 days in Kenya, my duties were managerial in nature:
school enrollment, visits to families in need of sponsorship that can sew school uniforms to order books for all 11 classes and lack of facilities, hire new teachers ... So many
Children want to visit our school, the need is great. Unfortunately we had a few days of the notification period to carry out a hiring freeze. The second class we can have double the classroom for it is there - it would be necessary for all years.
are still not all funds for a full completion of the school there - the staff room and the library (for they dug the foundation already), and the center of activity need to be financed, as a small home for orphans and the establishment of agriculture.
Please help us to continue, especially in prayer - for good success of the Construction project, maintenance and health and also for the provision of needed financial resources.
Sonja Wood Horse




A mail from Bardales, a senior Marine / Wildlife Officer, responsible for the coral reef along the Kenyan coast and several National Parks, who is very committed to his less privileged fellow citizens. He was also very helpful in finding Country:

Dear Sonja, I am writing this mail to
my appreciation for your assistance to the needy children in Kenya and all the staff and sponsors who make this project the least.
It was a dream of many years, now was fulfilled for the community in Mombasa, Kenya.
It's for the children and their parents a relief that you carry out this project.
I thank you and your friends that it uses a lot of your energy, time, money and mind for this gift to us. I wish you every success for this project. May God bless all
you and reward you least
Thank Bardales Tapata


Psalm 65 God, we praise you in the silence of Zion, and you keep the vow.
you hear me praying, and therefore all the meat comes to you.
our iniquities we pressed hard, you wanted to forgive our sins.
Blessed is the election and you will let to you that he may dwell in your courts,
has rich comfort of your home, your holy temple.
hear us for the wonderful justice, God is our salvation, who art the confidence of all the earth and near the sea;
of you to fix the mountains in your strength, and equipped are in power;
of you quiet the roar of the sea, roar of the waves and the fury of his people,
horrified that living at the ends in front of your character.
you make happy, that lives in the east and west.
home you are looking for the land and water them it and make it very rich.
God has little spring water in abundance.
You will let their corn well advised, for so you build the country.
you water its furrows and be moist clods;
with rain you make it soft and bless her fruit.
You crown the year with thy substance, and your footsteps are dripping with blessings. There are dripping
the pastures of the wilderness and the hills are filled with joy. The Anger
are full of sheep and meadows are thick with corn that we rejoice and sing.

The Psalm begins with the silence of God and ends with praise and rejoicing.
Yes, our transgressions are presses hard, not God's arbitrariness or the fate of history and the circumstances of life. Blessed is allowed in the house of God, the sins are forgiven and the is cured of anxiety, fear and pain.
Blessed are all who can pray to God in the silence of the night and in the effort of the day: "Hear us to the wonderful justice, God is our salvation, who art the confidence of all the earth, and far away at sea".
you will be glad, even though the waves roar, and the people crying out against their rulers. The Kluge
guards his heart and his spirit in the peace of God and do not run to the masses and their gods, not envy the rich and famous, but do what God tells him.
The sage turned to the simple and low, the poor and the lonely, the field and the animals, domestic work and the craft, not according to to fall and disappointed to be left with nothing.
little spring water has the fullness of God, even if the well had in Mombasa, Kenya dug 30 meters deep.
God has done great things in Kenya and shows its power in Austria and around the world. He crowns the year with his estate and his footsteps dripping with blessings.

The team of Helping Hands would like to wish the sponsors and friends in Austria and Germany Merry Christmas and a Happy New Year and say a heartfelt thank you for the thoughtfulness.
are still in the envelope of the African children drawn Christmas cards, a flyer on the Kenya project, the provision of information and Advertising and also serves as a Christmas present my latest book "rich in images for all sponsors.
Blessings, Bernd Friedmann, Treasurer

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inauguration of the school

Dear brothers and sisters!

Today is a great and important day - the new school year has begun and about 350 students at the school have found a new "home school".
We are grateful to God and to you all from my heart that all this was possible.
The day went well and there are no major problems occurred, even if it temporarily somewhat chaotic, it was when it came to the class assignment or handing out the new uniforms.
There will be several days before everything goes in a controlled manner and all the children have found their place. Some are not yet back from visiting family in the villages swept.
John will fly back to Kenya the end of January, I - Sonja - follow on 11 February for 3 weeks.
We ask you to continue your support and your prayers!
With kind regards and good wishes for the new year,

Sonja and John

The godfather of you: a new sponsor info comes in spring, then there is news of "your" children

Here's a quick update, written in late December:
The school is now ready for the school year begins on 4 January.
the early third January, all 12 teachers to be present and to prepare for starting school.
11 classrooms to accommodate about 350 students. The cabin is finished cooking, a stove with two huge pots ready to allow all these children two meals a day. The plastic cups for the breakfast porridge and plastic plates for lunch waiting for their first use. The
Makuti activity center - a traditional African open building with coconut roof (see photo right) - is in the making - thanks to Heidi and Willy Rüegger for funding.
for all new children were sewing school uniforms and gym shorts - in this way we could support some mothers and give them further extended for a few weeks of work.
The establishment of the new classroom was getischlert of 2 fathers.
The 4200 l tank was connected to the well, a smaller tank is on the roof of the Toilettgebäudes.
Where necessary, were built one or two steps to reach the classroom easily, at the Children's Garden - sponsored by our friends and Brigitte Fritz Zahner from Albstadt - a safety railing was installed. Around the nursery grounds are located just a fence that separates the area for the younger children of primary school. These must still be built a playground.
whole round around the school grounds is a streaky by flowering shrubs fence, a large gate ensures that no one gets unauthorized access.
The school site has been cleaned and is waiting for grass seed and small bushes - this is the season, however, very bad and for good growth, we will have to wait for the rainy season in spring.
..... and of course ........
.. We continue to look for sponsors for children, people who sponsor a small project, such as playground, chicken coop, Cow, etc. .......
...... and those that allow us to build the rest of the school project!

THANK YOU ALL!

Sonja Horse Wood

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Article OÖ news

Traunkirchner as a helper in Kenya: "In the beginning you only see filth"

The construction worker with the derived from Traunkirchen Herbert Friedl (left) and John Wood Horse (right) Picture: private
TRAUNKIRCHEN. The 54-year-old Herbert Friedl works with children in Kenya and helped build a school. Recently, the Traun Kirchner has returned from Africa. His impressions are still fresh.
"In the beginning you only see the dirt, the rags, which some wear on the body, what little food," says Friedl. "In the first phase, it is simply shocked just how people live. Then you get into phase two: I have to do something against this misery. In the third phase will then be away from the look on the surface where you see the external conditions and the need. As you get a view of the individual. That there is not an emergency is before me, but a man, a brother, a sister. "
The stay in Mombasa, an area north of Mombasa, has achieved a lot in Friedl. For three weeks he worked energetically to build a school, a project of Traunkirchner Association "Helping Hands", with which it is connected for some time.
Herbert Friedl is married and has two children. Professionally, he made it to the "chief representative of a holding company and has extensive experience abroad. A career that last year took a sudden end: termination for "rejuvenation of the leadership." Shock, crisis - and suddenly a lot of time. "I've always said to God, I have no time for more action against the need in this world, "says the devout Christian. "And now it was as if God would say: At the time it will not fail. Time is not the problem "
At that point, another Traunkirchner up to him, the artist Bernd Friedmann. Whether Herbert Friedl could not support his expertise to the school construction in Kenya. Friedman had founded with his wife Edith and the Linz couple John and Sonja Wood Horse many years ago, the organization "Helping Hands": sponsor children in the poor house of Europe, in Albania, soup kitchen, a children's home. And for two years, the school in Kenya: the construction, financing through sponsorships. A small club, But the money comes from to 100 percent.
Friedl was convinced of the usefulness of the project and found the motivation to engage in it.

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innoQ Fellowship

For some time we have played with the idea - now we finally have it signed and sealed
: Since early January, I am self-service to my work, has been appointed innoQ Fellow.

Of course there was the part innoQ to a press release:

at 1 January 2011 given the prominent innoQ Gain: Dr. Gernot Starke, renowned expert on the topic of software architecture, the team added the role of a "innoQ Fellow. He supports this innoQ in the strategic development and offering its expertise for joint projects. Customers in the future from a single source on both the personal expertise of Dr. Strong and the know-how of the other innoQ experts draw. There

A connection between Dr. Strong and innoQ it a long time: In addition to working on customer projects, Dr. Strong held together with CEO Stefan innoQ Germany Tilkov several lectures at conferences and the book "SOA Expert Knowledge" published in the next Gernot Starke and Stefan Tilkov innoQ various other writers were involved. In addition, Phillip Ghadir, Stefan Tilkov and Gernot Starke founding members of the iSAQB (International Software Architecture Qualification Board) and work there together on the definition of mandatory standards for training with software architects.