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Lawyers for 0900-er numbers

The thing is done by one or other warning lawyer or lawyers who are active in terms of subscription traps. You do not have "normal" phone or fax number with a local network code, but use special numbers such as 01 805 or 0900th The pay, the caller then also, he intends to contact the lawyer in contact. Something I am sending faxes already often upset - would be especially in cases where it was clear that the other party in any case not respond to the written word, but merely respond with standard phrases.

About the expensive phone number - after all, were in this case 2.99 euro a minute to shell out - Stirred now to a tribunal and complained to the competent Bar in Celle, as Mr Mobius's blog reported.

The board looked § 5 BORA (professional discipline of lawyers), it is governed by the:

"The lawyer is obliged to hold required for his profession factual, personal and organizational conditions in office and branch."

And came to the conclusion that the suspensions of any telephone connection would probably suffice, since the law so - is available - albeit a fee.

Well, since I will probably continue must continue to agitate. Sigh ...

Connecting Hdmidiagram

online banking with smsTAN - not sure (Part 2) The

The Federal Office for Information Security (BSI) warns now facing a malware variant that is currently attacking smartphones in order to read mTAN numbers for online banking. " New malware mTAN numbers reads," reads the press release worth reading.

The big problem is that many users know of cell phones and smartphones do not want their phone photo Mp3Player game eBookReader WasDerAppLadenNochSoHergibt-devices for viruses and malware at all vulnerable. Or they know and they still do not act like a survey of anti-virus software manufacturer AVG shows (here, the results in English ).

I had ever thought about the problem reported. And this will continue to do so.

Oportunities To Work In Lax

yes, the (turning) Hammer.

The district court of Mannheim with Judgement on 18/02/2011, reference number 3 found C 472/10,:

1. parking and unloading in the vicinity of an industrial drive does not constitute a failure, nor is it at 30 - minutes duration lasting and tangible.
   
   
2. prohibits the same reasons, the adoption of a single farm operation, because the only indirect effect is not goal-directed turned against the trading activities.
   
   
3. An arranged stopping is not a protection act for the benefit of the immediate land dwellers, especially when the road permits because of their width, the moving in and out through normal driving maneuvers with no obvious danger to other vehicles.

parked on 11/02/2010 at 13.10 clock the driver of the vehicle, the defendant's truck in the turning area adjacent to the premises of the applicant. In the turning area, a holding prohibition sign is appropriate. It was about 30 minutes loading and unloading.

The applicant believes that an injunction was necessary because of concerns was that the defendant will continue to carry supply activities and will continue to block the turning area or the street outside the premises of the applicant's. The

is the district court - and rightly - rejected. It was quite simply no impairment of the plaintiff to prove: the property of the applicant was not injured. The right to an established and operative business was not hurt.

Sometimes I wonder why such a lawsuit is ever done.

Lifetime Fitness Fees

participation encouraged! The 18th Experts from the Commission of Inquiry "Internet and digital society" you are!

Please excuse the salutation with "you", but with a "you" would have listened to the half as well.

The Enquete Commission "Internet and digital society" the Bundestag asked anyone to enquetebeteiligung.de for help in the work of the Commission.

are far information on the subject

• net neutrality
• Copyright
• democracy and state

Please contribute with your expertise. Mr Jens has also already made a readable proposal of a new § 97a paragraph 3 Copyright Act - certainly of interest to all who are affected by a warning in terms of file sharing. There

more info about it here:

• http://www.bundestag.de/internetenquete/
• heise.de to development "adhocracy"
• same at netzpolitik.org

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Check your current contract: terms of primary care in part inadmissible

A power supplier had in its terms and conditions (AGB) regulated under the so-called universal service, which his lump sums Customers must pay in case of default:

• 11, - € per reminder letter and
  
• a case handling fee for warning, access lawsuits, bankruptcies, etc., were worth up to € 297.50

this case, the Customer expressly noted that they can also prove that the damage incurred at all or is much lower.

is against § 309 No 5 (Civil Code) and is therefore invalid, as now, the district court with Dieburg Judgement of 11.02.2011, application No: found 20 C 28/11 (26).

The power company had used in his terms the following:

5) default in payment, interruption, restore the supply and Zweit-/Zwischenrechnung and special reading


The costs because of a delay in payment, interruption and recovery the supply of gas or electricity shall be calculated by the customer according to the following flat rates:


Each letter of formal notice (except for the first warning, unless default has already occurred without warning) € (net) 11.00 [.. .]


case management with reminders, access lawsuits, bankruptcies, etc. (depending on altitude exposure amount) € (net) to 297.50

It was based on a provision in § 17 paragraph 2 StromGVV ( basic electricity regulation supported). The box will be:

"In default of payment of the basic utilities, when he again to pay calls or the amount can be collected by a representative, the cost incurred for structurally similar cases charge a flat rate, flat-rate calculation must be easy to understand. The package must not exceed that under the normal course of events expected costs. At the request of the customer, the calculation is demonstrated. "

That sounds first of all in such a way that the language was GMM. That the court did, however, different because it is difficult to accept,

" that allow the legislature to primary care wanted, as part of the of these - to be drawn up - purely private law to formulate such additional terms that are contrary to the content § § 307 et seq . adoption of such a wish of the legislature would be to assume that he take violations of the basic utility of provisions of the Civil Code not only tolerated, but promotes it. "

There was then no matter that the proceedings against customers of electricity in the process does not rule had, for the breach of the terms, provisions will be considered by the court "ex officio", without that the defendant would have to have to point.

If you receive an invitation from their public service, you look in the General Terms and Conditions Their energy suppliers - perhaps they're ineffective.

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Tätä, tätä, Tae-ouch!

Rose Monday procession can be dangerous: Two-time inpatient hospital stay, two operations under general anesthesia considerable damage to the left eye, still a lot of pain and a loss of 60% of vision in the left eye.

The woman, who was passing through, was hit by two chocolate bars that had been thrown from a moving car. As is understood in Kölle not fun anymore and complains of pain and suffering both strict liability and breach of a duty to maintain safety.

"The objective here throwing the chocolate bar was was not socially normal, since it was ruthlessly carried out with excessive force and several bars in the direction of people. "

That made the district court in Cologne and not pointed Judgement of 07/01/2011, reference number 123 C 254/10 , the action:

"A violation by the applicant presented arises in view of the permitted action [...] as a regrettable accident dar."

Like other courts before, is the district court assumed that

"the throwing of small objects during a carnival parade of floats from a social practice, generally accepted, be expected by viewers and total allowed. This behavior is long-standing traditions and is generally welcomed, it is estimated to account for many viewers a very essential part of the pleasure of participating in a parade. "

was also neither of the organizers of the campaign to demand more of the participating bus drivers, that the Throw in the vicinity of "special buildings", such as here in a retirement home. ceased

"First, the large roll of candy can just before such buildings special joy of the people cause to the other, in view of the train length of 7 km not possible, from moving truck to judge from the character of the migration route lying buildings. "

The applicant would have had to take care of itself. She would set up either at a greater distance or in a confined space, or refrain from participation in all need.

Water Blister On Throat

A journal may be with their own cover art (and it depicted on Celebrity) advertise

The magazine "Have fun" had published a well-known personality on its front page, without however to ask for permission. Almost a year later, she used this cover to several weeks to campaign for "fun" in the magazine "Fortune Revue" .
This displeased the celebrity, he urged, and demanded omission from what the magazine, however, rejected. On the subsequent action, it ruled the District Court of Cologne, that the photo had been used apparently only to exploit the commercial value of celebrities and on the advertised product to pass - would have the magazine not to its image advertising dürfen.Die magazine filed an appeal and has had a Higher Regional Court of Cologne hearing. This confirmed the journal Judgement on 02/22/2011, file number: 15 U 133/10, to have signed legally: The publication of the advertisement did not constitute an illegal violation of privacy and a violation of the plaintiff, not to his or her rights. be weighed

had in this particular case the information interests the public and the press freedom ( Article 5, paragraph 1 of the Basic Law ) for the magazine on the one hand and the interest of celebrities in the protection of his personality ( Article 1, paragraph 1 , Article 2, paragraph 1 of the Basic Law ) on the other.

have indeed given the celebrity of the consent to the picture on the front page no (implied) consent to the advertisements with the photo. But should the magazine be given the right to promote their own products.

"advertise that publishers with the stamp of previously released covers for their magazines, is well known and quite current publishing practices."

This applies above all because it was shown in the advertisement title page as a kind of typical representation of the contents of the paper was meant:

"to the satisfaction of the Senate shall be communicated to the display, such as a previously released cover of the magazine" Have fun "exemplary looks like and what content the magazine. The ad conveys that the magazine of entertainment and relaxation is for everyone. This follows from the fact that is literally played in the ad that they are in "short holiday break" can read well, they inexpensive (0.69 cents) and it takes little time to read them. [...] The use of the actual title page is also available for that the magazine contains stories about the plaintiff and similar personalities. "

The communication of content and design of a magazine as well as the intended audience are also of great general interest because the publishers imagine the advertising display his press products and inform about this. Man could see the front page not that the person portrayed identifies with the magazine stand for it, the editor of the magazine had been permitted to take a different cover for their advertising -. they would not have to resort to a unimaged title page, because then the advertising would be just for the services of their subjects into Empty gone.

The court admitted the revision, since the question remained open whether the long period between the appearance of the title page and the advertising of this is not a change in law was given:

"Whether and to what extent a promotion time limited to be in order not to violate the privacy rights of the person affected, the supreme court previously decided not the case that advertising is done for a previously published journal by the image of a previously published title page. Of fundamental importance to be expected, whether and under what conditions such a 'first permissible advertising campaign after a certain time is illegal, because the scope of the campaign violated the general right to "

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Cabinet Bill decides to Telecommunications Act

Update: ... and here in plain text -" What consumers need to know ".

The March 2 2011 from the Federal Cabinet adopted draft amendment to the Telecommunications Act (TKG) contains significant improvements in the area of consumer protection, regulated, among others. are

1. queues future for all types of special numbers for calls from landlines and from mobiles free .
   
   For all other While numbers may be queuing used, however the costs do not exceed the normal rate. This applies to calls to landlines and in a cellular network. In addition, queues may be used if the call is for a fixed price.
   
   lasts relaying a caller at a regular phone number or a special issue for more than 30 seconds, this may in principle no extra cost will be calculated.
   
   for the queue system for a transitional period will apply for one year from the entry into force of the law. After 3 months of the date for the transition period for the duration of queuing the first two minutes from call setup to be free.
   
2. In the case of moving, the providers without changing the performance of the agreed term of the contract continue at the new place of residence, if the services are offered at the new residence. The provider may request a reasonable payment for the damage caused by the relocation effort. If the power at the new location is not available, a special right is a period of 3 months.
   
3. Estimated future, detailed invoice on their mobile phone bill contradict , that requirement may not lead to a terminal block.
   
4. In a provider may change the service within one day be broken.
   
5. The possibility of the change from one party to take the number is improved so that the activation has to be the phone number in one day. In the area of mobile communications, transmission of the telephone number at any time requested.
   
6. call-by-call providers may be required by way of an ordinance to specify the prices . If adopted by the possibility of such an ordinance, owner made is that customers would be informed about significant price jumps.
   
7. telephone and Internet providers have to offer in the future also contract with a maximum term of 12 months . Moreover, such contracts do not exceed an initial minimum contract period of 24 months.
   
8. providers are required to minimum speed of DSL contracts be clearly specified.
   
9. provider need before signing their clients about the conditions of switching suppliers, the charges to port a number and the due on termination of a contract fees inform . be
   
10. About disclosure of location data to third parties must fully informed at each location using a text message to the user. If the location is shown only on the other hand, localized terminal, no notification is required. Even under the current legal position may be the transmission of location data to third parties only in an explicit, separate and written consent.
    
11. In view of the third billing , ie the Collection of amounts by third party providers (eg information services, or subscription traps) on the phone bill will be included in future in the accounts, the names and addresses of the responsible service provider. In partial payment of the customer first they are offset against the amounts recognized in the accounts receivable of the biller border agent and not as a pro-rata allocation. To therefore needed no longer an explicit repayment provision of the customers, if they deny the claims of the third party and effect the payment only in respect of its billable end provider. "

Source: Press Release of the Federal Ministry of Food, Agriculture and Consumer Protection

- here the previous press release: -

The Federal Cabinet today a draft amendment to the Telecommunications Act (TKG) has decided. The bill implements major changes in European policy requirements for telecommunications in national law.

Federal Consumer Minister Ilse Aigner:

"The new rules will strengthen consumer protection considerably. We managed to solve the problem of fee-based queues. Is provided by the company no power, also no costs will be calculated. We also agree that rural Room is furnished as soon as possible with high-speed broadband connections. "

Federal Minister Rainer Brüderle:

" The bill is a big win for the technology in Germany! The new system allows for the market oriented development of high-performance telecommunications networks. I am particularly pleased that we significantly strengthen our law the rights of citizens. The problems that previously existed when changing providers belong to the past. The confidence in market and competition. "

To promote market oriented development strengthens high-performance Telecommunications networks, provides the cabinet design, among other things, the introduction of competition and investment-friendly regulatory principles for the Federal Network Agency, the Authority must take into account the future for all regulatory decisions.

particularly in the context of price regulation, investment risks in building modern high-speed networks to be observed. This is the bill an important stimulus for investment and innovation in the telecommunications sector, macro-economically significant.

Another important objective of the draft is to strengthen the consumer protection framework in the telecommunications sector: the draft strengthens the rights of consumers in the event of relocation and the associated change in the fixed line. In addition, mobile customers can continue their number independently take on the specific contract term at any time to a new provider.

must queues with costs in future be used in full only when local numbers, conventional mobile phone numbers and charge-free telephone numbers. In all other cases, including all special numbers may queues to be used only when either is subject to the call to a fixed price or in time-based billing, the person called the cost of the call for the duration of the hold with. Furthermore, in the last two must are those cases, the caller on hold at the beginning of the anticipated duration of information, including whether the call is subject to a fixed price or if the called party to pay the cost of the call for the duration of the hold. In the event of a breach of these rules eliminates the fee payment obligation of the caller for the entire call. These regulations will take effect one year after the Telecommunications Act in force.

However, until then, a transitional rule that queues may be used for fee-paid phone numbers if at least the first two minutes of the connection for the caller will be charged.

The Federal Ministry of Economics and Technology In addition, the Agency may continue to adopt an ordinance including the agreement authorized by the Federal Ministry for Consumers, we need to improve the transparency and clarity of consumer information. This refers to the price transparency are at the "call-by-call" calls and mobile data services, but also specify the minimum quality of contracted services.

In the area of data protection provisions in the telecommunications law, additional information and transparency requirements to better protect sensitive data is introduced. This includes the commitment of so-called location services provider, the user informed at each location of the mobile terminal through a text message if the location is shown only on the terminal, the location data were determined.

is also planned that the rural areas is supplied as quickly as possible with high-speed broadband connections. 2015, no later than 2018, is the widespread availability of broadband connections with a bandwidth of 50 Mbps can be achieved.

The first referral to the Federal Council for the 15th April 2011 provided, and the parliamentary debates in parliament are expected to begin in May. The bill will become law this year in force.

Source: Press Release of the Federal Ministry of Food, Agriculture and Consumer Protection

Pains In Right Ovary-ovulation

Unauthorized E-mail advertising the FDP Heidelberg with ministerial charter

Last night had invited the FDP Heidelberg to an event with the Federal Minister of Justice Leutheusser-Schnarrenberger. Topic:

"civil rights and privacy - the Internet and law and freedom."

I had come to the event because I received an e-mail the party. As for me a little annoyed: I had previously had no contact with the FDP, I could not even understand where the my e-mail address had. So I asked again for writing. And got the following response:

"Thank you for your Fax. The data are freely accessible and we just wanted to point out the event with our Federal Justice Minister. Your data is deleted and will not be. " [verbatim reproduction of the e-mail, AnmdRed]

Especially with an event that was about privacy, Internet law was me too wrong and too little. . I wanted to ask again, personally

In the thoroughly entertaining presentation to the Minister following a proclamation of data protection as a fundamental right, the topic "new ways of advertising" was raised this beat Mrs. Leutheusser-Schnarrenberger that addresses are valuable -. valuable thought as much. What are the addresses would be used should the subject to control by the proprietor - "self-determination" was the slogan. Aha, I thought to myself, my question would take so well to listen. I certainly had not intended that the FDP would send me advertising.

interesting I found the information that - should also provide a foundation data - based on the Stiftung Warentest. Company would examine whether they observed data protection requirements, and could then advertise with a privacy seal for it.

then followed the inevitable discussion of child pornography on the Internet (with the correct note, that only deletion not locking help here), where I found it interesting that would take care of the Federal only "7 officials" for deletion requests. Too little, as the minister was.

Almost enjoyable I found that the slogan was the "Internet as a legal vacuum" only complete 3 times.

In the discussion I could ask the minister then my question - and I had them on their achievements towards self-determination and then asked whether the FDP Heidelberg would get probably attributed to the privacy seals - in the face of dealing with unauthorized advertising, I saw this rather critical.

The answer then disappointed me a bit: If my e-mail address publicly available on my homepage to be, be a breach of data protection law is not clear, said Ms. Leutheusser-Schnarrenberger. There is a short lecture was followed by list privileges and recent legislative amendments in BDSG (Federal Data Protection Act).

In fact, the response so half-right. Because there may indeed be no data protection are violated regulations.

but is a anticompetitive action before (in accordance with § 7 paragraph 2 UWG) and * is the unauthorized sending of e-mail advertising is also known as a illegal Interference with the right to an established and operative business - that had the Supreme Court in its decision , 20.05.2009, application No: 218/07 ZR I decided already, and also for the B2B sector. The fact that the contact information is on a homepage just no implied consent for commercial e-mails, the Supreme Court has said before in his decision 10.12.2009, document number I ZR 201/07.

pointed out that, in response to the statement of the Minister of Justice, also another visitor to the event out. Unsuccessful:

Yes, of course, there are European rules by which you can not just addresses from web pages should copy. They were here but probably not injured, said Ms. Leutheusser-Schnarrenberger concluded.

Hm, are European to the arrangements. It is German law. I find it sad that that was not (a) seen.

I took pity, moreover, that the second part of my question was not answered. I had, even asked how the FDP would make it easier for small and medium-sized companies to conform with data protection act. Because I believe that the regulations were in BDSG anything but clear and legible and therefore for small businesses without their own legal department is difficult to implement. But

showed the Minister for another issue with the index finger on Facebook and the likes: it should not accept that such Internet companies about their privacy provisions to 8 or 10 pages stretched and thus unreadable would. These companies should be required to develop the data protection rules simple.

I would also like to see the BDSG. Short, simple and readable. But I fear this will probably remain a wish.

* The text has been changed due to the below comment - the commentator is right: an anti-competitive act is not given, but the interference with the business establishment. For this I would also like to Judgement the Higher Regional Court of Munich of 12.02.2004, application No: point 8 U 4223/03, which had to judge in a similar case (E-mail a party to a lawyer), including making message at heise.de of the context of .

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Ringtones: Consumer cited Contact - Information on subscriptions and prices must clearly be

Consumer Center North Rhine-Westphalia does something against providers of cell phone ringtones to lure consumers into subscriptions or unintentionally omit or inadequately prices.

warnings were a total of 10 providers of such ringtones, including the network operator Telekom, O2, E-Plus and Vodafone. The mesh of these providers:

• The price will not appear until after the consumer to "buy", clicked "Order" or "Download".
  
  stelle The a violation of § 1, paragraph 6 Price Regulation (PAngV), which must be specified after the prices are "easily identifiable and clearly legible or otherwise clearly perceptible.
  
  
• When ordering individual ringtones was the pre-order a subscription - or a single order is not possible. Over here is not sufficiently explained.

intermediate result of these warnings:

Telekom (t-mobile.de), O2 (o2online.de), E-Plus (eplus-unlimited.de), Arvato Mobile (handy.de), Fox Mobile (jamba. de), Hammerpage.de, mobilcom debitel (mload.de) and Bob Mobile (bobmobile.de) have changed their web pages already.

other ringtone providers have the warning but competitive practices and not yet drawn is not sufficient, or they refused a demand by the Consumer and desist. In these cases, would the consumer center now take legal action.

More info:

• press release the VZ NRW