Meanwhile, the full text of the decision is published.
preface
When I was first contacted in December 2010 Mr lawyer Mathias Straub of the Registry Riegger lawyers from Ludwigsburg to contain an assessment of an IP address list to ask I had to because of the then current complaint process at the higher regional court in Cologne Previous research still hold. Since the decision of the Court of Appeals may now present additional cognitions to be published.
report by RA Mathias Straub the decision of the OLG
preliminary report on the procedure ibid
I - The role of the Telekom AG starts or when the knowledge
The lobby paragraph 101 Copyright Act contains a number of weaknesses. Among other concern is the Forumulierung of paragraph 6: " who has issued a true information, without having been committed under paragraph 1 or 2 shall be liable to third parties only knew if he that he was not obliged to provide information . "
Stakeholders in information processes, both resellers and providers to solve the problem of knowledge in which you do very clearly no examination of the data and rely on the judge's decision from Cologne / Bielefeld / Munich. The Judges in the above case were not in a position a 1.25-page list with 33 IP addresses to analyze for suspicious characteristics. The Court of Appeals decreed in the decision succinctly, that it does not mattered. It is sufficient in any case that so far as relevant circumstances would be subject to the test.
The Senate, however, continues: "The fact that the other parties as Internet service provider IP addresses to the dynamic and in any case within 24 hours after carrying out a forced separation of the connection is the Senate of numerous methods known ."
The other parties as well. However, it simply gets to be tested Documents the need to raise substantial doubt and not check them. Ordinarily, you would know that the knowledge-acquisition, in this case to terminate the input of the IP address list at the provider have. I see good reasons why a liability of the provider to think. And increasingly ...
II - The role of firm determination, or when the fun begins seriously to be?
lawyer Mathias Straub presents a list of IP addresses from 33 IP addresses. On it will find the following data to the IP address 87,152,123,245 :
12/06/2010 at 21:30:36 Clock
06.13.2010 um 23:01:09 Clock
06/14/2010 20:37:26 clock
Title: " Private Gold - Tight A. ... f. .... GE ..... hard" by the well-known glossy porn producing company GMV. These claims in the lecture at the OLG Köln, that it (is) much more probable that the relevant IP address of the complainant had been assigned several times under different data. This is said: "It had been warned by the tenor of the above IP address only the complainant ."
An interesting opinion. Because the law firm Max Weismann has from Bretten me kindly give an IP address from a list of information on the procedure is related to:
title: "Private Gold - Tight A. ... f. .... with hard ....." - GMV
87,152,123,245
06/03/2010 at 23:58:30 Clock
The complaint No. 220/10 dated 06.08.2010 and the application No. 229/10 from 15.06.2010 appear more identical IP addresses on
91.51.222.33 91.51.215.125 91.51.203.123
91.51.208.214 87.152.117.37 87.152.114.44
87,152,113,248
etc. ....
..................... is about the future course of matter reported ...
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