May 09 2019

Schafer Attorney

Posted by domain admin in News

BGH protects connection owner with a latest decision by the 08.01.2014 the Supreme Court has decided in a latest decision by the 08.01.2014 that the connection owner does not automatically liable for acts committed by his Terminal. In its landmark decision (“BGH: summer of our lives” 12.05.2010) the BGH had borne a so-called secondary presentation load the connection owner. This means the connection owner had to prove more or less”, that he has committed a copyright violation from this telephone. In the context of this scale, the Supreme Court in a further decision has then (“BGH: Morpheus decision” by the 15.11.2012) significantly limited the liability of the holder towards underage family members. If the connection owner instructed underage members of his family and has cleared up and came after some inspection duties, then he not liable for acts of minor members of his family, who could have committed this from his telephone. In the current Decision of the Federal Court of Justice of the 08.01.2014 has limited significantly the automatic liability of holder now compared to adult family members in a further step. Adult family members must enlighten the connection owner as opposed to underage family members about it, that they may commit any violations through its port. The Court assumes that the connection owner leaves his connection family members from familial connectedness and underage for your actions with this port are responsible.

You need not a reconnaissance or instruction of adult family members through the connection owner, so that the connection owner can draw is free. This decision is very welcome, and it will remain a question, whether the Federal Court of justice the question of adult family members these principles to the adult members of the family also on hotel / restaurants, Main / lodger ratios and WG communities will be transferred. If you have any questions, or cease and desist letter received a file sharing, let us help you. Send us an email: or call us. Georg Schafer Attorney