Monday, February 28, 2011

Nadine Jansen - Milena Velba

"Warning of the little dog / does not protect the owner. The reason for signs and wonders

happy to read of garden doors
warning about the dogs animals
times funny, sometimes vehemently
is thus of limited access
to (dog) house and the Garden:
The guest should then wait outside and
gegeb'nenfalls be grateful
with calls from the steps.

But if at the garden gate turn
is not ringing, what then?
And the guest instead of waiting
rather straight through the garden to the front door
rushed and pressed, then plays
when the dog crazy
and the host bites into Waderl,
a piece of the jeans pulls out.

Who will then pay the damage
euro on it draw on the check?
The fact that the Holder is this,
might BGB 8-3-3. can
And the sign with dogs
warning him not to serve as camouflage
contributory negligence Zero percent -
the dog owner has slept:

No bell in front of the garden
guests need not wait for drum
can spite of the warning sign go
not need to garden
see whether a pet, master of the house there stand
drum was taken then the decision
that the owner must pay.

OLG Stuttgart, decision of 24.06.2010, application No: done 1 U 38/10

Friday, February 25, 2011

Incesto Paternal Italiano

: OLG Köln said IP address determination in file-sharing process is error prone

There are signs and wonders:

The Higher Regional Court of Cologne has determined that the identification of IP addresses in filesharing cases reliably and doubtful. The owner had been warned connection therefore violated his rights been, as to allow the Cologne Regional Court decided, the provider of the information on the IP address associated address data.

party to the proceedings: Gröger MV GmbH & Co. KG, represented by law firm CSR lawyers, logging companies: iObserve GmbH

The reasoning of the court in a nutshell:
  • many IP addresses have been well identified errors: identical IP addresses were with different dates in the list, it is very unlikely that these different port owner the same film under the same IP address had offered;
  • have of this repeatedly recognized IP addresses but only one at a Warning out for references to obviously incorrect data entry; were
  • submitted opinions on the reliability of the identification software inadequate.
Therefore, the Cologne Court of Appeals concluded that it lacked already an obvious violation of law by the port owner and the decision of the Court of Cologne was unlawful.

decision of the Higher Regional Court Cologne on 10/02/2011, file number: 6 W 5 / 11
previous instance LG Köln, reference: reports 203 O 203/10

The case detail colleague Mathias Straub.

Note

It remains to point out that this is a Individual decision is that one should not generalize rashly. One also pointed

copyright infringement through file sharing admonish me colleague, referring to posting this to the fact that other than identifying the affected company (GmbH iObserve) had been no explicit judicial rebuke suffered. Further, it is just including the Senate of the Higher Regional Court Cologne, which had consistently held the view that investigations of other investigation companies are without error and in court.

I leave that is at times like this ...

Thursday, February 24, 2011

What Is In Concrobium

is good just not very good. And must be told in the advertising, too! What makes

Currently accumulate to reports on advertising with test results. This is about the question of whether you can advertise with a test result "good" if there are other, better test results.

The Higher Regional Court Frankfurt am Main had a TV commercial for razor judge in the trial verdict was briefly displayed everywhere. Several competing products were in the same test as "very good" and was therefore better assessed.

The court has decision of 13.01.2011, reference 6 W 177/10, decided that had to be in such a case, in principle, the ranking of the quality judgments in the context of overall tests made clear. This applies even if the test result of the advertised razor with respect to all tested products (Barely) above average was. Showing

next to the test result and the output of the test booklet and further information was "In Test: 42 Razor." They concealed, however, that the advertised razor " among the 15 tested wet shaving with interchangeable blades - on the other test candidates it was disposable razor - only the sixth place taken added.
"The information about how to classify the evaluation of the razor in the context of its competitors, is [...] important for the consumer in making a purchasing decision. [...] This follows already from the consumer for obvious consideration that with a test result of the Stiftung Warentest is regularly recruit only those who have completed the test, not only absolutely but relatively good "
The court also stressed again that this assessment was to draw even if the result -. compared to the overall result the test -. slightly above average, unless it come under the § 5 paragraph 2 UWG just not an actual deception of the consumer to

Read more pitfalls in advertising with test results ..

How High Do You Hang Curtain Tie Backs

RTL2 with the Stiftung Warentest?

RTL2 advertises for items with the name " The great German spelling test " or " The great German IQ test . It struck me in particular, the title element "test" in the eye. In red letters, curved "t" s, is being written, the first t small ... it reminds me quite strongly of


This typeface is, after all since 2004 as a brand for the FOUNDATION WARENTEST registered and is considered a traffic enforced brand.

The here picture shown, it seems to me a bit like as if the presenters make shipment on or with the Stiftung Warentest. here a threat of dilution of the brand?

Wednesday, February 23, 2011

The Aud Seating Chart Section G

Rezept4u - mobile

your recipes on your mobile!


Enjoy

Where Do I Find A Gloryhole Sacramento

fared even warns copyright infringement from the June 2010: Monrose - Like a Lady

It has indeed already used almost out that the warning letters arrive in file sharing things very quickly in the file sharers. Not so in my present case, in which a copyright violation from June 2010 was given a warning. It is a chart and the container therein song "Like a Lady" to the casting band Monrose.

I find it interesting also that the alleged breach of copyright is upload the file two days before its publication. Anyway, if the file name "German TOP100 Single Charts 28 06 2010-MSG" seriously.

Also interesting that even after the decision of the Oberlandesgericht Frankfurt from 12.21.2010, application No: 11 U 52/07, still 10.000, - € will be given as the alleged claims. And that, although the Frankfurt court has yet followed the guidelines of the Federal Court and the amount in dispute for a song on (still quite high) 2.500, - € was prized. After all, would

due at such a reduced value of the claim instead of the letter referred only € 631.80 € 209.30 in net legal fees.

All in all, some of the sights that are now well clarified. If you received a similar letter, please consider this well. And you do not sign the attached declaration of discontinuance, but modify it - possibly with the aid of an attorney.

Update 23/02/2011:

Thanks to a commentator has noted a further oddity: Abgemahnt in the name of Alex King Komlew and Christian Eder - these are "music composers and lyricists" are. The latter refers, however, at the GEMA again. Hmmm, the sights are piling up.

What Is The Medication Chlordiazep For

damages for Fotoklau possibly lower than after MFM table

The SME Foto-Marketing (MFM) all years, the Commission again in the Photo area of usual fees (for 2011 there is an example in Mediafon Quick Reference ). This recommendation is often taken by courts when it comes to determining the damages for unauthorized use of images. So according to principles, the so-called be " license analogy " basis: the person who hurt the image rights, should not be in better shape than when he had agreed with the right holder a license. This type of calculating damages is to ask what reasonable parties would have agreed as payment for the use made by the infringer acts - and that depends, for example according to the recommendations of the MFM.

But not in every case: The District Court of Kassel has Judgement of 04/11/2010, reference number 1 O 772/10 lays down that the MFM recommendations can not be used if the rights holders are the images in question another, independent License agreement was made - and then even if it fails a lot less lucrative.

In this specific case, a photographer had made for a company three photos and this at a price of 150, - license €. The company passed the pictures on the then defendant, and that she used for several years on his website.

The photographer then demanded compensation on the basis of MFM's recommendations, namely:
basic fee for the first year (3 pictures à 260.00 €) 780.00 €
award for five more years of useful life of 50% 1950.00 €
2730.00 €
surcharge for failure to Picture source evidence of 100% 2730.00 €
total 5460.00 €
The court calculated differently and came all in all only 450, - €:
"is the present case, however, the special feature that the applicant two years before the start of legal violations by the defendant for the comprehensive use of pictures with the company" ... "agreed a fee of 150,00 € per shot. In a this case appears [...] the attraction of the amounts of [MFM] not appropriate. Rather, [...] that are the basis for specific images in question was specifically agreed remuneration "
The court then criticized even more errors in the above calculation. The lack of volume discount, then, that neither the 50% - term impact of more years of use yet - because of lack of determination on the designation of the author - a surcharge may be required because of failure to Picture source evidence

Ultimately, the photographer went with less than 10% of its original demand for home -. instead of 5460, - € he got only 450, - € awarded. We see that, before legal action is worth a closer look and to see first of all the circumstances of the case closely.

Gas Stove Takes Long Time To Heat Up

Leda and the Swan? Rubber duck and the OLG Koblenz.

rubber duck, you're mine You belong to me alone ... Ernie from Sesame Street is probably the most famous rubber ducks fan. And as he usually took with him into the bathtub, we might think, his duck is thought to increase the cleanliness and hygiene, therefore, an article.

Leda might think there quite different: Equipped with a vibrating motor could duck the fact fall into the category erotic toys. And painted in colors of the football league clubs it served as many a fan of corresponding merchandise.

Why is this competitive relevance, explains a press release the Oberlandesgericht Koblenz:
"memorabilia, adult toys or toiletries

Where is the future of Duck
Special rubber ducks? sold as Fanartikel or erotic toys, contact the consumer can not be regarded as necessarily hygiene This was decided by the 9th Civil Division of the state court in a recent antitrust complaint procedures (Decision of 9 February 2011, Case No.: 9 W 680/10)..
The applicant sold through an online store exclusively rubber ducks of various kinds also provided the defendant at the material time, the Internet, among other items rubber ducks, of which stained some in the team colors of the Football League clubs and others have been equipped with a vibrator . The defendant entered into their online store the revocation and return with toiletries by pointing out: was "Please note that (...) unsealed hygiene items are excluded from return."

Applicants believe also that of the defendant offered rubber ducks are hygiene products, should not be excluded from the return. Therefore is the formulation of the exclusion on the homepage of the Appellee anticompetitive and should be banned. This request had the district court of Trier in the first Instance rejected.

The 9th Civil Division of the Higher Regional Court of Koblenz has now decided that in this case no importance whether unsealed sanitary products should be exempted from the general right of withdrawal or not.

because the applicant had not presented sufficient evidence that the products sold by the defendant rubber ducks are in the understanding of consumers really be regarded as hygiene items. The concept of hygiene, then the Senate covers, according to the known definitions focus on health care, health care and body cleanliness. Rubber ducks in the team colors of the Bundesliga clubs are not as sanitary products, but rather to be regarded as merchandise. Duck with a vibrator applies rather than erotic toys. . A competition infringement by the defendant could not be found "

Tuesday, February 22, 2011

Texts Of Seasonal Greetings

Yikes? Two control programs promote a winner?

Just yesterday I wrote about pitfalls in advertising with test results , now I stumble even on one, no, two indicators: both next to the" Tax-saving explanation "the Academic Community and off the " WISO tax savings book " emblazoned the verdict "winner" of the Foundation's financial test:

Hmmm, this can not go with the right things, except ...

... well, except that share two programs for first place. And that seems to be the case, as is currently the IMAGE reports this year. Again 'was learned.

Sunday, February 13, 2011

Problem With Noma Christmas Lights

zucchini and mango soup

zucchini - * mango soup with coconut and coriander


* Mango preparation easy!


learned
A recipe that I know with Brazilian friends at the birthday party of my sister
. Thank you for that.

ingredients for two

2 zucchini
1 ripe mango 1 onion
200 ml coconut milk
400 ml vegetable stock
1 tablespoon olive oil
salt pepper Coriander
1 tablespoon curry
1 teaspoon honey
1 / 2 teaspoon ground ginger

Rezept4U.blogspot.com
preparation

Cut mango flesh into strips. zucchini and onion cut into cubes and fry in olive oil 2-3 min.
pour in vegetable broth with coconut milk, spiced half the mango slices with salt and add pepper, honey, ginger 10 - simmer 15 minutes covered . Let
is then pureed the soup, serve the remaining mango strips waiting added please until they are warm season, do not forget and garnished with herbs. Done!

geingt preparation in about 30 minutes


Tuesday, February 8, 2011

How To Get A Free Spectral Tiger

Arrest warrants for subscription traps operators

As a long time the German justice not exactly covered itself with glory when it comes to criminal prosecution and thus the only truly effective elimination of subscription traps went, it seems there to have woken up and there mitlerweile.

How it for several weeks, a vibration through the subscription traps scene, which will probably be a reason why the known Mahnanwalt Olaf tank suddenly the urging of unjustified claims ceased and major fraudulent sites like Top -of-Software.de obviously not interested in new "customers" were. The advertising of many such sites on warez sites, Stream Hoster and Google Ads in any case was set instantaneously.

mid-December 2010 came the Frankfurt Higher Regional Court concluded that the fraudulent sites rated to the so-called Frankfurt gyro are professional securities fraud (pdf ) and now also made the Hamburg justice seriously, and took two subscription traps operator in jail is said to have been

Those arrested are the leaders of online Downloaden.de which 99downloads.de formerly also for the subscription trap responsible. As was typical at

subscription traps set up a network of companies over straw men. The most famous of these is probably Michael Bardenhagen been his, on several TV shows, such as file and c't TV reported.
At Mr. Bardenhagen is, according to a TV report a debt truck driver assigned to this form (his own words) at first unaware of the practices and knew with promises that everything was perfectly legal, its name for several companies and domain registrations against a amount of money was made available.

The actions of the prosecutor and LKA Hamburg besides total of about 1.5 million were seized €.
were already in "ongoing operations" of the subscription traps already seized several different accounts by the authorities, what the cheaters but did not stop to continue their shady business.

POL-HH: 110207-1. Professional fraud - prosecutors and LKA execute arrest warrants and search warrants

Hamburg (ots) - time of the crime: the end of 2008

crime scenes: Hamburg and Lower Saxony

officials of the state criminal office for computer crime and copyright violations (LKA 54) together with the public prosecutor in Hamburg, two arrest warrants and enforced a total of 70 decisions. Both 27 - and 30-year-old main suspect is accused of cheating several thousand injured by so-called "pay-traps" and an overall loss of nearly 5 million € to have caused. Since mid-2009

refunded several thousand victims in lawsuits in Germany to the responsible public prosecutors because they had received bills from 60 to 80 euros for allegedly completed by them, paid subscription contracts. The notifier were sent to a large extent debt collection calls.

for setting the subscription sites on the Internet is a network of nine operating companies of labor was responsible. These companies were based in Hamburg and Lüneburg (Lower Saxony). On the website, programs were offered, in principle, free of charge or at least as a trial could be obtained. The Accused it had not been permitted by the rights holders to use these programs economically. It is suspected of copyright infringement.

The large number of reporting party stated that there was no cost to the website or this regard was deliberately concealed by the accused. Thus, there is a suspicion of commercial fraud.

DOJ's Office of Criminal Investigation led to the trace of a 27-year-old Lüneburg, together with the 30-year-old another main accused, six people had used straw as managing director. To complicate the criminal and civil claims, the companies, accounts and office space after a short time closed.

than 65,000 victims paid for reminders and debt collection claims nearly 5 million Euro to the accounts of the accused.

The raids in Hamburg, Berlin, Frankfurt, Würzburg, and Lueneburg Süderlügum enforced investigators two arrest warrants and arrested nearly 1.5 million €. In addition, extensive evidence has been secured, which is yet to be evaluated. DOJ's Office of Criminal Investigation is continuing.

The two accused were arrested after they applied to a magistrate judge, the arrest warrants were issued.



Source:
http://www.presseportal.de/polizeipresse/pm/6337/1761297/polizei_hamburg

Thursday, February 3, 2011

How To Unremove A Post

RTL Nachjournal - The rip-off of smartphone apps

often requires only a click away. As soon as a user of a so-called smartphones, like the iPhone, on an advertising banner, for example in an (often free) app button, he has fallen into the trap.

The dubious companies, which want the ads claim that was done with this click, a fee contract (usually even as a subscription).
Although this view and the subsequent recovery of the claim is well founded about the same as when you get assumed that by the mere entering it Kiosks a magazine subscription completed, it will probably take this back years, think to justice and policy over it such deceitful business models to prevent loss.
Meanwhile collections probably the mobile phone operators like to continue these requirements for the cheaters on the phone bill and earn strong.


RTL Night Journal - rip with Smartphone Apps