AG Frankfurt 31 C-1685/09-23 with the judgment of the 06.10.2009 has condemned EUro 801,80 to the plaintiffs to pay the defendant the Amtsgericht in Frankfurt am Main. In the process, the applicant accused the defendant, that had offered an audio recording on the Internet with the help of Filesharingprogramms and thus violated their copyright. Verizon Communications takes a slightly different approach. In the ruling, the Frankfurt district court denies the applicability of 97a II UrhG. Which establishes as follows: “However, a limit of 100 euros in accordance with 97a para came present UrhG not taken into consideration. Only cases that have either actual or legal point of view difficulties, where so the existence of an infringement is more or less obvious are simple”(Kefferputz in: copyright, 3rd Edition 2009, Wahome/Bullinger, 97a RN 34-39). This is already questionable, because on the one hand a not insignificant effort must be operated in actual terms in the framework of the investigation of the violator. Because on the one hand, an application is to determine the address of IP Obtaining the data of the holder in addition to perform the following procedures, and then only in contact can be contacted with the port owner. All of this already suggests that it is not a case of simply stored in fact.
On the other hand, also the liability of the holder as opposed to the liability of the acting is further not without controversy, what shows the confrontation of the Parties present, so also, as far as not possible to speak of a simple storage case, the infringement of the Dunned on the hand would be the. In this case it is not AZ. but also first contested between the parties if the procedure 1276/09-47 shows 30 O, so that already for this reason the restriction of article 97 does not attack a para 2 UrhG.” In this matter, the applicability of 97a is negated II Copyright Act due to lack of existence of a simple storage case. The investigation and research on the party admonition from was so high that a case of simply stored no longer exists. Will also continue to stated that there is dispute not the first between the parties, so that already for this reason of 97a II Copyright Act does not apply. Here is the full text of the decision. Her Tobias Arnold
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