Thu, 30 Dec 2004
Constitutional Export
CK - Washington. The German constitution, developed in the late fourties under the influence of the occupational forces to incorporate modern constitutional principles and benefit from lessons learned with older constitutions in Germany and abroad, has become an export. Jutta Limbach, a former chief justice at the Constitutional Court in Karlsruhe and currently head of the Goethe Institut extolled the virtue of the constitution as a cultural export in a forum at the Federal Diet in Berlin. Her presentation is available as a RealPlayer file.
© German American Law Journal :: Washington USA
CK - Washington. The German constitution, developed in the late fourties under the influence of the occupational forces to incorporate modern constitutional principles and benefit from lessons learned with older constitutions in Germany and abroad, has become an export. Jutta Limbach, a former chief justice at the Constitutional Court in Karlsruhe and currently head of the Goethe Institut extolled the virtue of the constitution as a cultural export in a forum at the Federal Diet in Berlin. Her presentation is available as a RealPlayer file.
© German American Law Journal :: Washington USA
Wed, 29 Dec 2004
2004 Accomplishments
CK - Washington. The German statute providing for the European corporation became effective today. A Justice Department press release summarizes the benefits of the so-called Societas Europaea.
In another press release, Attorney General Brigitte Zypries recounts the legislative accomplishments of the year. The release contains links to the major statutory changes.
© German American Law Journal :: Washington USA
CK - Washington. The German statute providing for the European corporation became effective today. A Justice Department press release summarizes the benefits of the so-called Societas Europaea.
In another press release, Attorney General Brigitte Zypries recounts the legislative accomplishments of the year. The release contains links to the major statutory changes.
© German American Law Journal :: Washington USA
Mon, 27 Dec 2004
Legislation by BBS
CK - Washington. Can a bulletin board system assist the government in developing new copyright legislation? Brigitte Zypries, Attorney General, announced the new forum today. There are a few entries in the system, debating consumer perspectives on backup copies of software and other copyrighted material. The forum complements the governmental web site kopien-brauchen-originale.de which has been running since October 2004.
© German American Law Journal :: Washington USA
CK - Washington. Can a bulletin board system assist the government in developing new copyright legislation? Brigitte Zypries, Attorney General, announced the new forum today. There are a few entries in the system, debating consumer perspectives on backup copies of software and other copyrighted material. The forum complements the governmental web site kopien-brauchen-originale.de which has been running since October 2004.
© German American Law Journal :: Washington USA
Wed, 22 Dec 2004
Expiring Claims and Other Changes
CK - Washington. The rush to German court houses continues: The need to file claims before the beginning of the New Year is more pressing than ever. The changes affecting the statutory rules on the statutes of limitations are far-reaching, as reported here earlier. Additional resources in German, explaining the laws: Bräuer, Verjährung nach BGB zum 31.12.2004?, Anwaltsblatt 12/2004, p. 720 et seq.; Und wieder eine Reform: Anpassung der Verjährungsvorschriften, Anwaltsblatt 1/2005, p. 65 et seq.; provided with thanks to colleague Michael Seidlitz in Berlin who also recommends this book.
A host of additional new rules enters into force on January 1, 2005, as colleague Michael Heng, Hamburg, notes.
© German American Law Journal :: Washington USA
CK - Washington. The rush to German court houses continues: The need to file claims before the beginning of the New Year is more pressing than ever. The changes affecting the statutory rules on the statutes of limitations are far-reaching, as reported here earlier. Additional resources in German, explaining the laws: Bräuer, Verjährung nach BGB zum 31.12.2004?, Anwaltsblatt 12/2004, p. 720 et seq.; Und wieder eine Reform: Anpassung der Verjährungsvorschriften, Anwaltsblatt 1/2005, p. 65 et seq.; provided with thanks to colleague Michael Seidlitz in Berlin who also recommends this book.
A host of additional new rules enters into force on January 1, 2005, as colleague Michael Heng, Hamburg, notes.
© German American Law Journal :: Washington USA
Sat, 18 Dec 2004
Published Tax IDs: Problem
CK - Washington. Proof that the publication requirements for web site owners in Germany can do real harm: Heise.de reports on the potential for abuse of tax IDs and unauthorized access to the tax filing system. Mischievous parties can easily use tax ID numbers which are required to be published under Impressum* laws on the Internet and the federal tax code on invoices. They can access the federal tax filing and reporting system with those numbers and file declarations for others. Such declarations would enter the tax administration system and result in unrealistic, and potentially ruinous, tax bills. Combined with the new rule requiring electronic estimates and return beginning early in 2005, a major headache may be in the offing.
From an American perspective, the tax ID disclosure requirements seem irreconcilable with the European principles on privacy and the protection of data. By requiring such disclosures, government may be biting the hand that feeds it.
* Impressum is the short, unofficial name for the identification of content providers on the Internet and in other media. While non-Internet media had been subject to this requirement for some time, the extension of this anti-privacy rule to the Internet is of more recent origin. Austria has similar rules. Such rules would violate the American ordre public which considers anonymity sacrosanct ever since the Federalist discussions, see Jonathan Wallace, Nameless in Cyberspace: Anonymity on the Internet. American courts invalidate laws that attempt to outlaw the anonymous exercize of free speech.
© German American Law Journal :: Washington USA
CK - Washington. Proof that the publication requirements for web site owners in Germany can do real harm: Heise.de reports on the potential for abuse of tax IDs and unauthorized access to the tax filing system. Mischievous parties can easily use tax ID numbers which are required to be published under Impressum* laws on the Internet and the federal tax code on invoices. They can access the federal tax filing and reporting system with those numbers and file declarations for others. Such declarations would enter the tax administration system and result in unrealistic, and potentially ruinous, tax bills. Combined with the new rule requiring electronic estimates and return beginning early in 2005, a major headache may be in the offing.
From an American perspective, the tax ID disclosure requirements seem irreconcilable with the European principles on privacy and the protection of data. By requiring such disclosures, government may be biting the hand that feeds it.
* Impressum is the short, unofficial name for the identification of content providers on the Internet and in other media. While non-Internet media had been subject to this requirement for some time, the extension of this anti-privacy rule to the Internet is of more recent origin. Austria has similar rules. Such rules would violate the American ordre public which considers anonymity sacrosanct ever since the Federalist discussions, see Jonathan Wallace, Nameless in Cyberspace: Anonymity on the Internet. American courts invalidate laws that attempt to outlaw the anonymous exercize of free speech.
© German American Law Journal :: Washington USA
Wed, 15 Dec 2004
Gettings Claims Filed in Time
CK - Washington. The enormous changes in the German laws affecting the statutes of limitations continue--some with urgent effect. Just yesterday, a new statute was published in the federal gazette, Bundesgesetzblatt, that contains numerous changes to the expiration rules in numerous statutes, ranging from bankruptcy via real estate, foods, pharma products, commercial activities, corporations, telecommunications all the way to fees for attorneys, patent counsel and tax advisors. The new statute, Gesetz zur Anpassung von Verjährungsvorschriften an das Gesetz zur Modernisierung des Schuldrechts came into force on the day after its publication, as per its article 25, which would be today.
The new statute complements the many new rules that currently overwhelm attorneys in Germany. Anybody with claims that used to expire after 30 years will have to get their claims filed in court by the end of this year, if the claims existed before January 1, 2002. Many other claims with shorter statutes of limitations are equally affected.
Generally, the rule still applies that claims can be filed with the court through the end of the year during which a period measured in years would expire. That rule explains the annual rush to the courthouse between Christmas and New Year's. This year, it is much worse because of all the shortened claims that under the old law may have had to be filed as late as 2032. On top of that, last minute rule changes--for which the courts will have years to sort out.
© German American Law Journal :: Washington USA
CK - Washington. The enormous changes in the German laws affecting the statutes of limitations continue--some with urgent effect. Just yesterday, a new statute was published in the federal gazette, Bundesgesetzblatt, that contains numerous changes to the expiration rules in numerous statutes, ranging from bankruptcy via real estate, foods, pharma products, commercial activities, corporations, telecommunications all the way to fees for attorneys, patent counsel and tax advisors. The new statute, Gesetz zur Anpassung von Verjährungsvorschriften an das Gesetz zur Modernisierung des Schuldrechts came into force on the day after its publication, as per its article 25, which would be today.
The new statute complements the many new rules that currently overwhelm attorneys in Germany. Anybody with claims that used to expire after 30 years will have to get their claims filed in court by the end of this year, if the claims existed before January 1, 2002. Many other claims with shorter statutes of limitations are equally affected.
Generally, the rule still applies that claims can be filed with the court through the end of the year during which a period measured in years would expire. That rule explains the annual rush to the courthouse between Christmas and New Year's. This year, it is much worse because of all the shortened claims that under the old law may have had to be filed as late as 2032. On top of that, last minute rule changes--for which the courts will have years to sort out.
© German American Law Journal :: Washington USA
Non-Discriminination Bill
CK - Washington. Berlin Attorney General Zypries announced today agreement in the ruling parties on an anti-discrimination bill that governs relations between state and citizens and among citizens in contractual and similar settings. The statute would formalize the recognition of protection from discrimination as a human right.
© German American Law Journal :: Washington USA
CK - Washington. Berlin Attorney General Zypries announced today agreement in the ruling parties on an anti-discrimination bill that governs relations between state and citizens and among citizens in contractual and similar settings. The statute would formalize the recognition of protection from discrimination as a human right.
© German American Law Journal :: Washington USA
Tue, 14 Dec 2004
Direct Mail Advertising
CK - Washington. A German mailing list closed a recent discussion of possible legal remedies against unwanted mails, faxes, and emails with an authoritative list of links prepared by Berlin attorney Michael Seidlitz. His list includes references to other explanations of the various legal bases for several forms of advertising as well as guides for consumers.
© German American Law Journal :: Washington USA
CK - Washington. A German mailing list closed a recent discussion of possible legal remedies against unwanted mails, faxes, and emails with an authoritative list of links prepared by Berlin attorney Michael Seidlitz. His list includes references to other explanations of the various legal bases for several forms of advertising as well as guides for consumers.
www.vz-nrw.deGenerally, Seidlitz notes that direct mail advertising remains legal in Germany until a recipient opts-out by notifying the sender. A note attached to a mailbox to distributors of fliers can be binding and subject the distributor or the sender to liability. Faxes, emails and SMS mobile text messages are subject to tight restrictions. Generally, they require an opt-in on the part of the recipient or an ongoing business relationship. Violations often result in cease-and-desist demands where the legal fees of the recipient are shifted to the originator of the advertisement.
www.verbraucherzentrale-berlin.de
www.frankfurt-main.ihk
www.frankfurt-main.ihk
www.frankfurt-main.ihk
www.stuttgart.ihk24.de
© German American Law Journal :: Washington USA
Sun, 12 Dec 2004
Friends and Perjury
CK - Washington. A criminal investigation for perjury is a rarity in Germany because witnesses are hardly ever examined under oath. But just that happened in a triangular case involving a chief judge at a district court, her live-in boyfriend from the ministry of justice and her allegded suitor, a chief judge at an appellate court. The appellate judge is alleged to have given her colleague a ruinous recommendation after she spurned his advances so that she could not advance in her career. The state is investigating the matter because it assumes that one of the parties lied when they supported and denied allegations of ulterior motives.
That appears to be the gist of reports at lawblog and newspapers which love the story.
© German American Law Journal :: Washington USA
CK - Washington. A criminal investigation for perjury is a rarity in Germany because witnesses are hardly ever examined under oath. But just that happened in a triangular case involving a chief judge at a district court, her live-in boyfriend from the ministry of justice and her allegded suitor, a chief judge at an appellate court. The appellate judge is alleged to have given her colleague a ruinous recommendation after she spurned his advances so that she could not advance in her career. The state is investigating the matter because it assumes that one of the parties lied when they supported and denied allegations of ulterior motives.
That appears to be the gist of reports at lawblog and newspapers which love the story.
© German American Law Journal :: Washington USA
Mon, 06 Dec 2004
Advance to Jail
CK - Washington. A criminal court convicted an Emmerich attorney who had requested and accepted advance payments from his clients without stating in the engagement letters that the payments were to constitute an advance. A prosecutor argued that the acceptance of funds for services not yet provided could constitute fraud. The court considered the lack of the term advance a flaw that caused clients to be deceived. The attorney was sentenced to a penalty of 22 days, each to be paid at the ratio of his average daily income, or served in jail. The lawyer noted an appeal.
The name of the lawyer remains unpublished as is customary in Germany. While there is no rule that prohibits the publication of names of parties in litigation, the custom developed on the basis of a majority of published views on the subject matter. For a different view, see Kerr, Die Namensnennung bei der Publikation gerichtlicher Entscheidungen, JurPC Web-Dok. 73/2004, January 19, 2004.
© German American Law Journal :: Washington USA
CK - Washington. A criminal court convicted an Emmerich attorney who had requested and accepted advance payments from his clients without stating in the engagement letters that the payments were to constitute an advance. A prosecutor argued that the acceptance of funds for services not yet provided could constitute fraud. The court considered the lack of the term advance a flaw that caused clients to be deceived. The attorney was sentenced to a penalty of 22 days, each to be paid at the ratio of his average daily income, or served in jail. The lawyer noted an appeal.
The name of the lawyer remains unpublished as is customary in Germany. While there is no rule that prohibits the publication of names of parties in litigation, the custom developed on the basis of a majority of published views on the subject matter. For a different view, see Kerr, Die Namensnennung bei der Publikation gerichtlicher Entscheidungen, JurPC Web-Dok. 73/2004, January 19, 2004.
© German American Law Journal :: Washington USA
Collecting Debt: Tight Limits
CK - Washington. New rules on the terms of the statute of limitations cut short the terms for collecting on old debts. For instance, the 30-year term governing the expiration of claims under old law--if those debts existed at the end of 2001--expire at the end of 2004. That is true even if the old law would have allowed the claim to be enforced until 2031.
The federal justice department in Berlin urges creditors in a circular of December 6, 2004 to examine any claims or contracts, such as loan agreements, for the need to file a collection complaint before the end of 2004 in order to preserve their rights. Sending a reminder to a debtor is usually insufficient to toll the statute.
© German American Law Journal :: Washington USA
CK - Washington. New rules on the terms of the statute of limitations cut short the terms for collecting on old debts. For instance, the 30-year term governing the expiration of claims under old law--if those debts existed at the end of 2001--expire at the end of 2004. That is true even if the old law would have allowed the claim to be enforced until 2031.
The federal justice department in Berlin urges creditors in a circular of December 6, 2004 to examine any claims or contracts, such as loan agreements, for the need to file a collection complaint before the end of 2004 in order to preserve their rights. Sending a reminder to a debtor is usually insufficient to toll the statute.
© German American Law Journal :: Washington USA
Sun, 05 Dec 2004
Domain Contact Liable
CK - Washington. Irrational as it may appear, German courts are beginning to hold administrative contacts for domain names civilly liable for omissions of legal requirements and violative acts. The HeymsBahr blog reports of an August 24, 2004 Local Court Bonn case, docket 4C252/04, in which an attorney who as a trustee for an American domain registrant served as its administrative contact with DeNIC, the country TLD registrar for Germany, and was found liable for anti-competitive content on the web site.
The HeymsBar blog reports also of earlier German case law that laid the foundation for the Bonn decision. In March 2003, a Frankfurt court had held an administrative contact responsible for the domain owner's failure to comply with the Impressum requirement. This odious rule runs counter to general German principles which strongly protect privacy. By contrast, the Impressum rule carves out an exception and demands on commercial web sites the disclosure of owners' private information. The Frankfurt holding expands an exception to the general principle, embodied in statutes, that ISPs and similar intermediaries are not liable for the acts of their customers, except in very narrow circumstances.
In the Bonn case, the court created a deemed knowledge standard for the administrative contact. The trustee would have imputed knowlege of the content at the offensive web site and should have taken steps against the violation of competition law, even if the trustee learned of the alleged violation only through a cease-and-desist letter from the plaintiff. HeymsBahr notes that this decision, which imposes contributory liability on the domain contact, flies in the face of the majority views in Germany on the responsibility of administrative domain contacts.
© German American Law Journal :: Washington USA
CK - Washington. Irrational as it may appear, German courts are beginning to hold administrative contacts for domain names civilly liable for omissions of legal requirements and violative acts. The HeymsBahr blog reports of an August 24, 2004 Local Court Bonn case, docket 4C252/04, in which an attorney who as a trustee for an American domain registrant served as its administrative contact with DeNIC, the country TLD registrar for Germany, and was found liable for anti-competitive content on the web site.
The HeymsBar blog reports also of earlier German case law that laid the foundation for the Bonn decision. In March 2003, a Frankfurt court had held an administrative contact responsible for the domain owner's failure to comply with the Impressum requirement. This odious rule runs counter to general German principles which strongly protect privacy. By contrast, the Impressum rule carves out an exception and demands on commercial web sites the disclosure of owners' private information. The Frankfurt holding expands an exception to the general principle, embodied in statutes, that ISPs and similar intermediaries are not liable for the acts of their customers, except in very narrow circumstances.
In the Bonn case, the court created a deemed knowledge standard for the administrative contact. The trustee would have imputed knowlege of the content at the offensive web site and should have taken steps against the violation of competition law, even if the trustee learned of the alleged violation only through a cease-and-desist letter from the plaintiff. HeymsBahr notes that this decision, which imposes contributory liability on the domain contact, flies in the face of the majority views in Germany on the responsibility of administrative domain contacts.
© German American Law Journal :: Washington USA
Similar Business Name
CK - Washington. The similarity of business names as an issue of trademark law, competition law and the law of names proper arises in a list discussion. In addition to standard resources such as Palandt on section 12 of the Civil Code, the following introductory material is being recommended: The Gewerblicher Rechtsschutz (I) script, and Markengesetz--Onlinepraxiskurzkommentar, both in German. Basic facts: Same city, same business name, priority with unregistered business, business incorporated as GmbH claims better rights although established later. The Anwalt list's hunch is that priority rules. An internet resource on section 12 case law is dejure.org.
© German American Law Journal :: Washington USA
CK - Washington. The similarity of business names as an issue of trademark law, competition law and the law of names proper arises in a list discussion. In addition to standard resources such as Palandt on section 12 of the Civil Code, the following introductory material is being recommended: The Gewerblicher Rechtsschutz (I) script, and Markengesetz--Onlinepraxiskurzkommentar, both in German. Basic facts: Same city, same business name, priority with unregistered business, business incorporated as GmbH claims better rights although established later. The Anwalt list's hunch is that priority rules. An internet resource on section 12 case law is dejure.org.
© German American Law Journal :: Washington USA
Mon, 29 Nov 2004
International Arbitration
MS - Washington. Gabrielle Kaufmann-Kohler, President of the Swiss Arbitration Association, and Blaise Stucki, both as editors of International Arbitration in Switzerland, released this handbook with contributions from experienced practitioners. Since the Alabama case, in which the U.S. government raised claims against Great Britain for the damages inflicted on merchant ships during the Civil War with the support of British interests, Switzerland's neutrality makes it a desirable location for international arbitration.
The articles written by Swiss lawyers explain the procedures of such arbitration, from drafting of the arbitration clause to the challenge of the arbitration award. The practical manual is helpful for decisions on ad hoc and institutional arbitration, for petitions for specific types of interim measures, for estimates of the duration of setting aside proceedings before the Federal Tribunal, and for appraising the costs of such proceedings. Swiss Arbitration is frequently embodied in German American contracts, and the handbook comes highly recommended for practitioners in that field.
© German American Law Journal :: Washington USA
MS - Washington. Gabrielle Kaufmann-Kohler, President of the Swiss Arbitration Association, and Blaise Stucki, both as editors of International Arbitration in Switzerland, released this handbook with contributions from experienced practitioners. Since the Alabama case, in which the U.S. government raised claims against Great Britain for the damages inflicted on merchant ships during the Civil War with the support of British interests, Switzerland's neutrality makes it a desirable location for international arbitration.
The articles written by Swiss lawyers explain the procedures of such arbitration, from drafting of the arbitration clause to the challenge of the arbitration award. The practical manual is helpful for decisions on ad hoc and institutional arbitration, for petitions for specific types of interim measures, for estimates of the duration of setting aside proceedings before the Federal Tribunal, and for appraising the costs of such proceedings. Swiss Arbitration is frequently embodied in German American contracts, and the handbook comes highly recommended for practitioners in that field.
© German American Law Journal :: Washington USA
Sun, 28 Nov 2004
Statutory Share in Estate
CK - Washington. Under the inheritance rules of the Civil Code, heirs may be entitled to a statutory share in an estate. Certain gifts made before the death of the decedent reduce the estate in a manner that affords heirs a claim to their return in order to increase their statutory share. The MCNeubert blog reports on such a claim against a charitable institution that was resolved on November 26, 2004.
The matter involves a charitable donation to a charity in Dresden, chartered as a foundation, Stiftung Frauenkirche. The donation reduced the assets of the estate by some 2.5 million Euros. An heir claimed the refund of this amount under §2329(1) of the Civil Code, Bürgerliches Gesetzbuch. The foundation countered that the gift did not enrich it because it served as a trustee for the Dresden building known as Frauenkirche and the moneys went directly into the reconstruction of the building. The lower courts agreed with the foundation.
The Supreme Court held that the foundation was enriched because the building is its major asset and remanded the matter for a revised decision to the appellate court in Dresden, judgment of December 10, 2003, docket number IV ZR 249/02. MCNeubert reports now that the parties settled the dispute on Friday: The foundation will pay 785,000 Euros to the heir.
© German American Law Journal :: Washington USA
CK - Washington. Under the inheritance rules of the Civil Code, heirs may be entitled to a statutory share in an estate. Certain gifts made before the death of the decedent reduce the estate in a manner that affords heirs a claim to their return in order to increase their statutory share. The MCNeubert blog reports on such a claim against a charitable institution that was resolved on November 26, 2004.
The matter involves a charitable donation to a charity in Dresden, chartered as a foundation, Stiftung Frauenkirche. The donation reduced the assets of the estate by some 2.5 million Euros. An heir claimed the refund of this amount under §2329(1) of the Civil Code, Bürgerliches Gesetzbuch. The foundation countered that the gift did not enrich it because it served as a trustee for the Dresden building known as Frauenkirche and the moneys went directly into the reconstruction of the building. The lower courts agreed with the foundation.
The Supreme Court held that the foundation was enriched because the building is its major asset and remanded the matter for a revised decision to the appellate court in Dresden, judgment of December 10, 2003, docket number IV ZR 249/02. MCNeubert reports now that the parties settled the dispute on Friday: The foundation will pay 785,000 Euros to the heir.
© German American Law Journal :: Washington USA
Sat, 27 Nov 2004
Celebrating the Civil Code
CK - Washington. Several years after its precursor, the Code de Rohan, entered into force in then French-occupied Malta with its hybrid legal system, the famous Code Civil became the law of the land in France and an influence in other nations. At the time, Germany was splintered into numerous legal systems with a variety of codifications of the law. The Saarland University celebrated the introduction of the French code 200 years ago with a special event on November 26, 2004.
© German American Law Journal :: Washington USA
CK - Washington. Several years after its precursor, the Code de Rohan, entered into force in then French-occupied Malta with its hybrid legal system, the famous Code Civil became the law of the land in France and an influence in other nations. At the time, Germany was splintered into numerous legal systems with a variety of codifications of the law. The Saarland University celebrated the introduction of the French code 200 years ago with a special event on November 26, 2004.
© German American Law Journal :: Washington USA
Treadmill Career
CK - Washington. Anonymous Lawyer finds plenty of applicants for entry level jobs in big law firms. Die Welt carries an article on careers in big German law firms. It contrasts the disillusioned life of a Clifford Chance associate with that of a solo lawyer whom a grateful little old lady rewards with a bottle of champaign. The middle ground is presented with the description of life at Gleiss Lutz, a major home-grown German firm that is not the result of confusing mergers and enjoys a stellar reputation for mastering challenging international assignments while maintaining a sense of style and humaneness.
Bits also at jurabilis!, D-Recht and Handakte WebLAWg.
© German American Law Journal :: Washington USA
CK - Washington. Anonymous Lawyer finds plenty of applicants for entry level jobs in big law firms. Die Welt carries an article on careers in big German law firms. It contrasts the disillusioned life of a Clifford Chance associate with that of a solo lawyer whom a grateful little old lady rewards with a bottle of champaign. The middle ground is presented with the description of life at Gleiss Lutz, a major home-grown German firm that is not the result of confusing mergers and enjoys a stellar reputation for mastering challenging international assignments while maintaining a sense of style and humaneness.
Bits also at jurabilis!, D-Recht and Handakte WebLAWg.
© German American Law Journal :: Washington USA
Thu, 25 Nov 2004
Extradition Stopped
SWM - Berlin. The German Constitutional Court, Bundesverfassungsgericht, stopped the extradition of German citizen Mamoum D. to Spain. D. is suspected of supporting terroristic groups, including Al Quaida, since the late nineties. Most of the allegations are inadmissible before a German Court because it was not illegal before 9/11 in Germany to support violent organizations abroad. Nonetheless, a Spanish court applied for his extradition. D. is not suspected of supporting terroristic acts in Spain.
The case is one of the first practical tests of the European Union treaty on extradition, also known as the European arrest warrant. German critics of the treaty and laws based on it call it a violation of German constitutional law. They fear extradition could be used to circumvent fair trials in the surrendering state.
© German American Law Journal :: Washington USA
SWM - Berlin. The German Constitutional Court, Bundesverfassungsgericht, stopped the extradition of German citizen Mamoum D. to Spain. D. is suspected of supporting terroristic groups, including Al Quaida, since the late nineties. Most of the allegations are inadmissible before a German Court because it was not illegal before 9/11 in Germany to support violent organizations abroad. Nonetheless, a Spanish court applied for his extradition. D. is not suspected of supporting terroristic acts in Spain.
The case is one of the first practical tests of the European Union treaty on extradition, also known as the European arrest warrant. German critics of the treaty and laws based on it call it a violation of German constitutional law. They fear extradition could be used to circumvent fair trials in the surrendering state.
© German American Law Journal :: Washington USA
Sat, 20 Nov 2004
Call for Papers: Privacy
CK - Washington. Privacy issues, criminal considerations, data protection obligations and a variety of other legal issues affect efforts to protect technical systems against gainst invasions. Systems such as honeypots, used to analyze unauthorized access or the functionality of malware or misguide hackers into fake systems designed merely to induce their illegal explorations, raise entrapment concerns.
To define links between the law and technology in this field, the security section of the German society of information technology, Gesellschaft für Informatik, has issued a call for papers under the heading Privacy Respecting Incident Management, PRIMA, due for its satellite workshop on April 6, 2005 in Regensburg.
The intersection of such, ultimately defensive, technologies and the law poses numerous legal issues, especially in the international arena. Honeynet mailing lists continue to address legal concerns and reflect approaches that differ by nations and techologies under examination. Although the PRIMA program will be mainly in German, the call for papers extends to English-speaking contributors.
© German American Law Journal :: Washington USA
CK - Washington. Privacy issues, criminal considerations, data protection obligations and a variety of other legal issues affect efforts to protect technical systems against gainst invasions. Systems such as honeypots, used to analyze unauthorized access or the functionality of malware or misguide hackers into fake systems designed merely to induce their illegal explorations, raise entrapment concerns.
To define links between the law and technology in this field, the security section of the German society of information technology, Gesellschaft für Informatik, has issued a call for papers under the heading Privacy Respecting Incident Management, PRIMA, due for its satellite workshop on April 6, 2005 in Regensburg.
The intersection of such, ultimately defensive, technologies and the law poses numerous legal issues, especially in the international arena. Honeynet mailing lists continue to address legal concerns and reflect approaches that differ by nations and techologies under examination. Although the PRIMA program will be mainly in German, the call for papers extends to English-speaking contributors.
© German American Law Journal :: Washington USA
Thu, 18 Nov 2004
3D Trademarks In Euroland
WO - Boston. The Court of Justice for the European Communities confirmed in its decision in the matter August Storck KG v. Harmonization Office for the Internal Market (Marks, Patterns and Models), EuG November 10, 2004, docket numbers T396/02, T-402/02, that a Community trademark registration for a three dimensional trademark may be granted. According to the ruling, the applicant for registration of a 3D mark must show that the three dimensional object is distinctive and is, therefore, capable of distinguishing the goods of the user from those of others.
This ruling could not help the applicant in Storck. In Storck, the applicant sought to register the shape of its hard candies, claiming that the color and shape of its candy was distinctive and would, therefore, allow consumers to distinguish their candies from those of other manufacturers. The court found that the both the shape and color of applicant's candies were not unusual for candies and, therefore, could not act to distinguish one candy from another. Lastly, the Court noted that the candies are sold individually wrapped, so that the consumer could not view the shape and color of the candy when making a purchase. In that event, the color and shape of the candies could not acquire distinctiveness.
© German American Law Journal :: Washington USA
WO - Boston. The Court of Justice for the European Communities confirmed in its decision in the matter August Storck KG v. Harmonization Office for the Internal Market (Marks, Patterns and Models), EuG November 10, 2004, docket numbers T396/02, T-402/02, that a Community trademark registration for a three dimensional trademark may be granted. According to the ruling, the applicant for registration of a 3D mark must show that the three dimensional object is distinctive and is, therefore, capable of distinguishing the goods of the user from those of others.
This ruling could not help the applicant in Storck. In Storck, the applicant sought to register the shape of its hard candies, claiming that the color and shape of its candy was distinctive and would, therefore, allow consumers to distinguish their candies from those of other manufacturers. The court found that the both the shape and color of applicant's candies were not unusual for candies and, therefore, could not act to distinguish one candy from another. Lastly, the Court noted that the candies are sold individually wrapped, so that the consumer could not view the shape and color of the candy when making a purchase. In that event, the color and shape of the candies could not acquire distinctiveness.
© German American Law Journal :: Washington USA
Mon, 15 Nov 2004
Sütterlin Resources
CK
- Washington. Old German legal documents used to be hand-written in a variety of standard writing styles. Graphic designer L. Sütterlin created a new style (now likely called font) which became popular in the early 1900s. A new resource helps readers decipher the old script.
CK
- Washington. Old German legal documents used to be hand-written in a variety of standard writing styles. Graphic designer L. Sütterlin created a new style (now likely called font) which became popular in the early 1900s. A new resource helps readers decipher the old script. Students who learned the script in school before 1950 often used it as the standard form of writing and continue to use it in correspondence as well as legal documents, such as holographic wills. Therefore, as the author of TransBlawg with her international outlook confirms, awareness of the script retains practical relevance. Some high schools trained students in Sütterlin as late as the 1960s, alongide Latin and Greek, to lend them a basic facility in reading correspondence from their elders.
The Sütterlin script site teaches the script and also points to other resources, such as translation and transscription services.
© German American Law Journal :: Washington USA
Mon, 08 Nov 2004
$1,000 Fine for Decryption Sale
CK - Washington. German trade associations representing sound industries note on their joint website today the conviction of a person who sold anti-copy software through an internet auction site. ThePaderborn court of first instance assessed a fine of 800 Euros. Based on a prior cease-and-desist order the person had signed and which required him to abstain from such sale, he was also ordered to pay liquidated damages of $10,000 Euros. Presently, the sound and pictures industries are on a propaganda march through Germany. Politicians are known to adopt claims of phantom sales allegedly lost to internet downloads. The decision may be published at the Institut für Urheber- und Medienrecht site.
© German American Law Journal :: Washington USA
CK - Washington. German trade associations representing sound industries note on their joint website today the conviction of a person who sold anti-copy software through an internet auction site. The
© German American Law Journal :: Washington USA
Sat, 06 Nov 2004
Relief for Websites
CK - Washington. The Fachschaft-Jura blog reports of an appeals court ruling from Hamm that appears to reduce the obligations imposed on website operators under German law. The court held no statutory or other rule in German or European Union law requires the publication of a telephone number on a commercial website.
This ruling means relief from the threats of ever popular cease-and-desist orders directed against allegedly non-compliant operators of websites with commercial contexts. See also Kochinke, Abusive Cease and Desist Demands.
A new threat develops, however, in the area of liability for links. Simon's Blawg and KMU-Blog note the case of a cease- and-desist demand directed at a website operator who maintains a link to a search engine, and the search engine displays links to improper material. Such liability, if it existed, would mean a liability for links in the second degree.
Currently, there is a wave of deceptive links set by third parties to referrer lists on blogs that appear to connect quite plainly to search engines. A detailed examination of the link displays, however, a query connected with the link tag that triggers a search result with objectionable content--and no link that could have made a visitor visit the blog from that search result. Accordingly, there is a substantial likelihood that the referrer link has been manipulated--easy to do with a standard tool such as curl. It would seem immensely unreasonable to hold a website operator responsible for a third party's manipulation of a referrer link list. For these reasons, the documentation on second degree link liability is an important contribution to the development of link liability law--in German at the attacked Kefk.net site.
© German American Law Journal :: Washington USA
CK - Washington. The Fachschaft-Jura blog reports of an appeals court ruling from Hamm that appears to reduce the obligations imposed on website operators under German law. The court held no statutory or other rule in German or European Union law requires the publication of a telephone number on a commercial website.
This ruling means relief from the threats of ever popular cease-and-desist orders directed against allegedly non-compliant operators of websites with commercial contexts. See also Kochinke, Abusive Cease and Desist Demands.
A new threat develops, however, in the area of liability for links. Simon's Blawg and KMU-Blog note the case of a cease- and-desist demand directed at a website operator who maintains a link to a search engine, and the search engine displays links to improper material. Such liability, if it existed, would mean a liability for links in the second degree.
Currently, there is a wave of deceptive links set by third parties to referrer lists on blogs that appear to connect quite plainly to search engines. A detailed examination of the link displays, however, a query connected with the link tag that triggers a search result with objectionable content--and no link that could have made a visitor visit the blog from that search result. Accordingly, there is a substantial likelihood that the referrer link has been manipulated--easy to do with a standard tool such as curl. It would seem immensely unreasonable to hold a website operator responsible for a third party's manipulation of a referrer link list. For these reasons, the documentation on second degree link liability is an important contribution to the development of link liability law--in German at the attacked Kefk.net site.
© German American Law Journal :: Washington USA
Thu, 04 Nov 2004
eBay Users to Provide Right of Return
WO - Boston. The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3, 2004, that purchasers of goods on the eBay website have the right to return goods purchased on the site during the statutory 14 day period after the sale. The court ruled that a purchase made from a business via the internet is similar in nature to a Fernabsatzvertrag, a contract for goods sold from a distance. In its decision, the court found that goods sold on eBay were not sold by means of a true auction where the final purchaser is determined by the gavel of an auctioneer, but rather by offer and acceptance, just like a typical agreement for the sale of goods.
Since goods are sold via the eBay site by means of an offer and acceptance, the court determined that the laws governing the sale of goods apply. According to those laws, a purchaser has a 14 day right of return. In the event that the purchaser of goods is advised of his right of return after the sale has been concluded, the right of return is extended to 30 days.
© German American Law Journal :: Washington USA
WO - Boston. The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3, 2004, that purchasers of goods on the eBay website have the right to return goods purchased on the site during the statutory 14 day period after the sale. The court ruled that a purchase made from a business via the internet is similar in nature to a Fernabsatzvertrag, a contract for goods sold from a distance. In its decision, the court found that goods sold on eBay were not sold by means of a true auction where the final purchaser is determined by the gavel of an auctioneer, but rather by offer and acceptance, just like a typical agreement for the sale of goods.
Since goods are sold via the eBay site by means of an offer and acceptance, the court determined that the laws governing the sale of goods apply. According to those laws, a purchaser has a 14 day right of return. In the event that the purchaser of goods is advised of his right of return after the sale has been concluded, the right of return is extended to 30 days.
© German American Law Journal :: Washington USA
Mon, 25 Oct 2004
Managing Politicians
MS - Washington. Kathrin Schmidt and Olaf Herrmann contributed the chapter Management des Abgeordneten to a new manual, Handbuch Politisches Marketing, published by Volker J. Kreyher, editor, in September 2004. Schmidt and Herrmann focus on managing the careers of elected representatives with the objective of ensuring their political future. The authors stress that success in political life is the result of preparing carefully an optimal positioning of candidates. They explain the role of campaign managers in identifying and characterizing candidates. Campaigns become permanent because voters need to know the candidates' points of view as distinguished from potential or actual competitors.
Herrmann's Washington experience shows in this hands-on guide. The theories of political management are similar in the United States and Germany. The article appears to be a useful tool for current and future politicians and their legal and political advisers.
© German American Law Journal :: Washington USA
MS - Washington. Kathrin Schmidt and Olaf Herrmann contributed the chapter Management des Abgeordneten to a new manual, Handbuch Politisches Marketing, published by Volker J. Kreyher, editor, in September 2004. Schmidt and Herrmann focus on managing the careers of elected representatives with the objective of ensuring their political future. The authors stress that success in political life is the result of preparing carefully an optimal positioning of candidates. They explain the role of campaign managers in identifying and characterizing candidates. Campaigns become permanent because voters need to know the candidates' points of view as distinguished from potential or actual competitors.
Herrmann's Washington experience shows in this hands-on guide. The theories of political management are similar in the United States and Germany. The article appears to be a useful tool for current and future politicians and their legal and political advisers.
© German American Law Journal :: Washington USA
Thu, 21 Oct 2004
Nondestructive Fax
CK - Washington. advobLAWg links to an appellate ruling from Frankfurt, docket number 2Ss 39/03, that holds an unsolicited telefax not destructive for purposes of the criminal law. Paper, power and ink used for this type of correspondence are de minimis even though their use technically renders them destroyed or damaged.
© German American Law Journal :: Washington USA
CK - Washington. advobLAWg links to an appellate ruling from Frankfurt, docket number 2Ss 39/03, that holds an unsolicited telefax not destructive for purposes of the criminal law. Paper, power and ink used for this type of correspondence are de minimis even though their use technically renders them destroyed or damaged.
© German American Law Journal :: Washington USA
Wed, 20 Oct 2004
Vetter Wins One For Olbertz
CK - Washington. Blogger.de-provider Olbertz provides blog services to bloggers. Novitel has problems. Presumably, an employee blogged about working conditions. Novitel sued Olbertz, arguing, inter alia, that he should release servers and data for seizure and inspection, and that he is personally liable for the acts of the blogger.de writers. Attorney Udo Vetter, of law blog fame, won the injunction proceedings for Olbertz today at the Berlin local court. Olbertz and Vetter agreed that Vetter would provide a report on the matter on his blog.
The court declined to hold the blog service provider personally responsible for the writings of users. In particular, it found that the lack of compliance with the Impressum requirement by users does not enable a third party to pierce the shield afforded the service provider under the ISP statutes. The requirement is an odius anti-anonymity rule that has caused fears of non-compliance even when compliance is not required, such as in non-commercial internet activities. Some lawyers and organizations specialize in the pursuit of web writers, which can be a lucrative line of business. Congratulations to Vetter and Olbertz in convincing the court where to draw the line!
© German American Law Journal :: Washington USA
CK - Washington. Blogger.de-provider Olbertz provides blog services to bloggers. Novitel has problems. Presumably, an employee blogged about working conditions. Novitel sued Olbertz, arguing, inter alia, that he should release servers and data for seizure and inspection, and that he is personally liable for the acts of the blogger.de writers. Attorney Udo Vetter, of law blog fame, won the injunction proceedings for Olbertz today at the Berlin local court. Olbertz and Vetter agreed that Vetter would provide a report on the matter on his blog.
The court declined to hold the blog service provider personally responsible for the writings of users. In particular, it found that the lack of compliance with the Impressum requirement by users does not enable a third party to pierce the shield afforded the service provider under the ISP statutes. The requirement is an odius anti-anonymity rule that has caused fears of non-compliance even when compliance is not required, such as in non-commercial internet activities. Some lawyers and organizations specialize in the pursuit of web writers, which can be a lucrative line of business. Congratulations to Vetter and Olbertz in convincing the court where to draw the line!
© German American Law Journal :: Washington USA
Hamburg Court: ISP to Reveal Data
CK - Washington. A Hamburg court granted the petition of a copyright claimant against an internet service provider to release customer data relative to an alleged copyright violation involving audio material, basing its decision on §101(a) of the Copyright Statute. It thereby pierced the veil of limited liability created by a special ISP statute in §§8 et seq. TGD, the so-called remote services statute. The Heyms-DrBahr blog and Thomas Stadler web site provide more detailed analyses of the July 7, 2004 decision in the matter 308 O 264/04.
In this case, copyright was determined to trump the statute protecting service providers. By contrast, in a Berlin case, the court found the IPS protection statute to trump non-copyright claims against a blogging service provider, see Vetter Wins One For Olbertz, nearby. Whether the Hamburg ruling stands remains to be seen.
© German American Law Journal :: Washington USA
CK - Washington. A Hamburg court granted the petition of a copyright claimant against an internet service provider to release customer data relative to an alleged copyright violation involving audio material, basing its decision on §101(a) of the Copyright Statute. It thereby pierced the veil of limited liability created by a special ISP statute in §§8 et seq. TGD, the so-called remote services statute. The Heyms-DrBahr blog and Thomas Stadler web site provide more detailed analyses of the July 7, 2004 decision in the matter 308 O 264/04.
In this case, copyright was determined to trump the statute protecting service providers. By contrast, in a Berlin case, the court found the IPS protection statute to trump non-copyright claims against a blogging service provider, see Vetter Wins One For Olbertz, nearby. Whether the Hamburg ruling stands remains to be seen.
© German American Law Journal :: Washington USA
Sun, 17 Oct 2004
Unfree Deutsche Welle
CK - Washington. German news group Deutsche Welle broadcasts world-wide and currently sponsors a blog contest called BOBs where DW proclaims its status as a champion of free speech and a free press.
Free speech in its home country has suffered lately, however, particularly in the internet space. An anti-anonymity and anti-privacy requirement called Impressumspflicht and the recent Odem.org decision from Stuttgart that criminalizes a satirical website are two examples out of a range of censorship measures that cover a substantial amount of internet activities.
Clearly, Deutsche Welle is to be commended for lauding Bosnian, Iraqi or Iranian bloggers as courageous champions of freedoms. Hopefully, DW has the courage to look in the mirror and report on the censorship in its own reporting environment. Censorship takes many forms, and what lawmakers in Washington and Berlin do when grasping at straws to deal with internet issues--whether in the name of security or consumer protection--is not always compatible with the fundamental precepts of the American or German constitutions. It is easy to become blind to creeping censorship growth. Perhaps it's time for censorship czars.
© German American Law Journal :: Washington USA
CK - Washington. German news group Deutsche Welle broadcasts world-wide and currently sponsors a blog contest called BOBs where DW proclaims its status as a champion of free speech and a free press.
Free speech in its home country has suffered lately, however, particularly in the internet space. An anti-anonymity and anti-privacy requirement called Impressumspflicht and the recent Odem.org decision from Stuttgart that criminalizes a satirical website are two examples out of a range of censorship measures that cover a substantial amount of internet activities.
Clearly, Deutsche Welle is to be commended for lauding Bosnian, Iraqi or Iranian bloggers as courageous champions of freedoms. Hopefully, DW has the courage to look in the mirror and report on the censorship in its own reporting environment. Censorship takes many forms, and what lawmakers in Washington and Berlin do when grasping at straws to deal with internet issues--whether in the name of security or consumer protection--is not always compatible with the fundamental precepts of the American or German constitutions. It is easy to become blind to creeping censorship growth. Perhaps it's time for censorship czars.
© German American Law Journal :: Washington USA
Court Knocks Queen
CK - Washington. In its decision of September 9, 2004 in the matter 6 U 50/04, the Cologne Court of Appeals addressed the issue of proof of citizenship of European Union artists in connection with the enforcement of the artists' copyrights in the EU. Musicians known collectively as Queen attempted such an enforcement action to stop the infringement of their New York City performance of the title We Will Rock You against a party in Germany. According to the court's press release of October 15, 2005, the court dismissed the complaint because the members of the group failed to establish their citizenship which they sought to prove by excerpts from the internet and an expert opionion. The court did not deem such evidence suitable.
The law blog questions the decision. If the German copyright law were to be construed as protecting only citizens of the European Union, does the court mean to say that works of others could be pirated in Germany? Is the decision defective because the court surprised the plaintiff without an adequate opportunity to present evidence? Or were the musicians so arrogant as to ignore basic evidentiary rules? law blog surmises that the decision does not rock.
The decision is important for American plaintiffs who may run into similar difficulties proving their citizenship, although birth certificates and a recent passport should be useful first steps to convince a German court that a complaint should not be dismissed and instead lead to evidentiary rulings that may allow for the submission of additional material supporting a citizenship claim, such as a Certificate of Citizenship issued by the U.S. Citizenship and Immigation Services agency within the Department of Homeland Security.
© German American Law Journal :: Washington USA
CK - Washington. In its decision of September 9, 2004 in the matter 6 U 50/04, the Cologne Court of Appeals addressed the issue of proof of citizenship of European Union artists in connection with the enforcement of the artists' copyrights in the EU. Musicians known collectively as Queen attempted such an enforcement action to stop the infringement of their New York City performance of the title We Will Rock You against a party in Germany. According to the court's press release of October 15, 2005, the court dismissed the complaint because the members of the group failed to establish their citizenship which they sought to prove by excerpts from the internet and an expert opionion. The court did not deem such evidence suitable.
The law blog questions the decision. If the German copyright law were to be construed as protecting only citizens of the European Union, does the court mean to say that works of others could be pirated in Germany? Is the decision defective because the court surprised the plaintiff without an adequate opportunity to present evidence? Or were the musicians so arrogant as to ignore basic evidentiary rules? law blog surmises that the decision does not rock.
The decision is important for American plaintiffs who may run into similar difficulties proving their citizenship, although birth certificates and a recent passport should be useful first steps to convince a German court that a complaint should not be dismissed and instead lead to evidentiary rulings that may allow for the submission of additional material supporting a citizenship claim, such as a Certificate of Citizenship issued by the U.S. Citizenship and Immigation Services agency within the Department of Homeland Security.
© German American Law Journal :: Washington USA
Sat, 16 Oct 2004
Celebrating the Justice System
CK - Washington. Karlsruhe, the capital of the German judiciary, hosts the Supreme Constitutional Court, Bundesverfassungsgericht, the Supreme Court in Civil and Criminal Matters, Bundesgerichtshof and numerous other courts. Today, the city concludes a week to celebrate the justice system, Woche der Justiz. Performances included presentations in courts, jails and other institutions as well as in theaters and cabarets. They ranged from mock trials to readings and auctions.
© German American Law Journal :: Washington USA
CK - Washington. Karlsruhe, the capital of the German judiciary, hosts the Supreme Constitutional Court, Bundesverfassungsgericht, the Supreme Court in Civil and Criminal Matters, Bundesgerichtshof and numerous other courts. Today, the city concludes a week to celebrate the justice system, Woche der Justiz. Performances included presentations in courts, jails and other institutions as well as in theaters and cabarets. They ranged from mock trials to readings and auctions.
© German American Law Journal :: Washington USA
Phantom Lawmaker
CK - Washington. A phantom lawmaker introduces the reader in a new blog, Geschichten aus dem Bundestag, to the workings of the Berlin parliament, Bundestag. In the initial entries, Hausgeist Mierscheid illustrates the underground system that connects various buildings of the diet, which seems similar to the tunnels in Capitol Hill except that it lacks a railroad. The blog does not limit itself to the physical structures. A recent entry addresses salaries of the 601 members of the parliament and muses about their work and stature.
© German American Law Journal :: Washington USA
CK - Washington. A phantom lawmaker introduces the reader in a new blog, Geschichten aus dem Bundestag, to the workings of the Berlin parliament, Bundestag. In the initial entries, Hausgeist Mierscheid illustrates the underground system that connects various buildings of the diet, which seems similar to the tunnels in Capitol Hill except that it lacks a railroad. The blog does not limit itself to the physical structures. A recent entry addresses salaries of the 601 members of the parliament and muses about their work and stature.
© German American Law Journal :: Washington USA
Fri, 15 Oct 2004
Statute of Limitations Changed
CK - Washington. Statutory changes that occurred in 2002 will soon affect the statute of limitations to various claims which used to benefit from rules granting a 30-year period. The new general statutory period expires after three years and applies where no other statutory rule offers a different term. The Berlin Department of Justice published a general reminder which notes several changes.
Generally, under German civil law, the statute of limitations runs through the end of the calendar year. For instance, a claim subject to a two year statute of limitations that arises on February 1, 2001 may be raised through December 31, 2004, and not only through January 31, 2004. Under the new rules, certain claims for the delivery of goods are no longer covered by the 30 year term but are now subject to a shorter term. Claims accrued before 2002 with longer terms may now fall under the three year rule and expire at this end of this year. Therefore, December 31, 2004 may become a busy year for counsel and courts because filings that otherwise would have be necessary some time before the end of 2032 need to be filed before January 1, 2005 or would be subject to challenge under the new provisions governing the statute of limitations.
© German American Law Journal :: Washington USA
CK - Washington. Statutory changes that occurred in 2002 will soon affect the statute of limitations to various claims which used to benefit from rules granting a 30-year period. The new general statutory period expires after three years and applies where no other statutory rule offers a different term. The Berlin Department of Justice published a general reminder which notes several changes.
Generally, under German civil law, the statute of limitations runs through the end of the calendar year. For instance, a claim subject to a two year statute of limitations that arises on February 1, 2001 may be raised through December 31, 2004, and not only through January 31, 2004. Under the new rules, certain claims for the delivery of goods are no longer covered by the 30 year term but are now subject to a shorter term. Claims accrued before 2002 with longer terms may now fall under the three year rule and expire at this end of this year. Therefore, December 31, 2004 may become a busy year for counsel and courts because filings that otherwise would have be necessary some time before the end of 2032 need to be filed before January 1, 2005 or would be subject to challenge under the new provisions governing the statute of limitations.
© German American Law Journal :: Washington USA
Tue, 05 Oct 2004
DAJV Annual Meeting in Berlin
CK - Washington. From October 8 through 10, 2004, the annual meeting of the Deutsch-Amerikanische Juristen-Vereinigung takes place in Berlin. The agenda is published on its web site. Its membership is considerably stronger than that of the German American Law Association, its sister organization in the United States. The DAJV meeting this weekend is expansive and covers a range of transatlantic law issues in parallel workshops. Outside of the annual meetings, DAJV offers regional educational and informational activities throughout the year. By contrast, GALA is currently limited to actvities in Washington, DC, New York City and Boston.
© German American Law Journal :: Washington USA
CK - Washington. From October 8 through 10, 2004, the annual meeting of the Deutsch-Amerikanische Juristen-Vereinigung takes place in Berlin. The agenda is published on its web site. Its membership is considerably stronger than that of the German American Law Association, its sister organization in the United States. The DAJV meeting this weekend is expansive and covers a range of transatlantic law issues in parallel workshops. Outside of the annual meetings, DAJV offers regional educational and informational activities throughout the year. By contrast, GALA is currently limited to actvities in Washington, DC, New York City and Boston.
© German American Law Journal :: Washington USA
Wed, 29 Sep 2004
Copyright Amendments
CK - Washington. Attorney General Brigitte Zypries announced today the plans for substantial amendments to the copyright statute. A major set of amendments entered into force on September 1, 2003. Those amendments implemented European Union rules. The second set represents a German effort to bring the copyright law in line with advances in technology and practice.
The web site of the Department of Justice presents an overview of not only the intended revisions but also the input to the department from the public.
© German American Law Journal :: Washington USA
CK - Washington. Attorney General Brigitte Zypries announced today the plans for substantial amendments to the copyright statute. A major set of amendments entered into force on September 1, 2003. Those amendments implemented European Union rules. The second set represents a German effort to bring the copyright law in line with advances in technology and practice.
The web site of the Department of Justice presents an overview of not only the intended revisions but also the input to the department from the public.
© German American Law Journal :: Washington USA
Tue, 28 Sep 2004
Censorship Trial for a Web Link
CK - Washington. Alvar Freude founded ODEM.org, a German website that promotes online demonstrations. Freude will be tried in a Stuttgart court on October 7, 2004. The offense: ODEM.org discussed censorship. The article contains a link to a right wing web site. The web site had been outlawed by a Düsseldorf court under laws prohibiting certain activities such as the glorification of Nazis. Apparently, the latter court launched a criminal investigation into offering that link.
The LAWgical alerts readers to the trial and notes that the suppression of links runs counter to the web principles enunciated by Technical Advisory Group des W3C, in particular its September 11, 2003 findings on deep links.
Freude's team comments that courts and the justice system got lost in the net. Their comment includes a recital of the charges which equate links with providing illegally access to censored material. ODEM argues that the censorship law does not apply to web links when the topic is a current event issue of public interest, such as the censorship laws themselves which by necessity address censoring. ODEM charges also that the authorities disregarded the blatant satire on censorship on a second site that also forms a basis for the charges against Freude.
© German American Law Journal :: Washington USA
The LAWgical alerts readers to the trial and notes that the suppression of links runs counter to the web principles enunciated by Technical Advisory Group des W3C, in particular its September 11, 2003 findings on deep links.
Freude's team comments that courts and the justice system got lost in the net. Their comment includes a recital of the charges which equate links with providing illegally access to censored material. ODEM argues that the censorship law does not apply to web links when the topic is a current event issue of public interest, such as the censorship laws themselves which by necessity address censoring. ODEM charges also that the authorities disregarded the blatant satire on censorship on a second site that also forms a basis for the charges against Freude.
© German American Law Journal :: Washington USA
Wed, 22 Sep 2004
Judicial Assistance
CK - Washington. The cabinet in Berlin approved today for ratification the new European Union directive on judicial assistance in criminal matters and a protocol to the directive. The new measures enhance means for cross border investigations, telephone tapping, video conferencing and the pursuit of criminals. Significant improvements are anticipated in international financial investigations.After its cabinet approval, the implementing statute will be sent to the federal diet in Berlin.
© German American Law Journal :: Washington USA
CK - Washington. The cabinet in Berlin approved today for ratification the new European Union directive on judicial assistance in criminal matters and a protocol to the directive. The new measures enhance means for cross border investigations, telephone tapping, video conferencing and the pursuit of criminals. Significant improvements are anticipated in international financial investigations.After its cabinet approval, the implementing statute will be sent to the federal diet in Berlin.
© German American Law Journal :: Washington USA
Tue, 21 Sep 2004
Germany to Ratify Cybercrime Pact
SSL - Washington. The Internet's borderless approach to information and commerce continues to push the boundaries of international cooperation. In this spirit, the Council of Europe held its Challenge of Cybercrime conference on September 15 through 17, 2004 in Strasbourg, France, sought to promote the prompt ratification of the Council of Europe Cybercrime Convention. The Convention aims to standardize international laws on computer-related crime and allow for cross border investigation of criminal activities.
Cybercrime, whether threatening privacy, committing fraud or IP infringement, or involving content-based offenses, continues to expand exponentially. The nature of the medium allows for disproportionate affects. Germany, for instance, cites economic crime, often in the form of cybercrime, as accounting for 1.3 per cent of total crime, but 57 percent, or 6.8 billion Euros, of financial damage, according to the Organized Crime Situation Report 2004: Focus on the Threat of Cybercrime.
Despite the obvious risks of cybercrime the Convention is not without its critics. Some cite the loss of privacy, but others point to the forced cooperation and unregulated information sharing with so-called oppressive regimes. Despite these concerns, 30 nations have signed the Convention, including the United States, Germany and Britain, and eight nations have thus far ratified it. Germany plans to ratify the Convention during the current parliamentary term. The United Kingdom is still studying the policy implications and while the President of the United States has recommended the proposal to the Senate there has been no response. The CoE's latest push hopes to encourage more wide-spread ratification and effective implementation of the Convention.
© German American Law Journal :: Washington USA
SSL - Washington. The Internet's borderless approach to information and commerce continues to push the boundaries of international cooperation. In this spirit, the Council of Europe held its Challenge of Cybercrime conference on September 15 through 17, 2004 in Strasbourg, France, sought to promote the prompt ratification of the Council of Europe Cybercrime Convention. The Convention aims to standardize international laws on computer-related crime and allow for cross border investigation of criminal activities.
Despite the obvious risks of cybercrime the Convention is not without its critics. Some cite the loss of privacy, but others point to the forced cooperation and unregulated information sharing with so-called oppressive regimes. Despite these concerns, 30 nations have signed the Convention, including the United States, Germany and Britain, and eight nations have thus far ratified it. Germany plans to ratify the Convention during the current parliamentary term. The United Kingdom is still studying the policy implications and while the President of the United States has recommended the proposal to the Senate there has been no response. The CoE's latest push hopes to encourage more wide-spread ratification and effective implementation of the Convention.
© German American Law Journal :: Washington USA
Sun, 19 Sep 2004
Complaints Filed by EMail
CK - Washington. A complete overview of the rules governing the filing of civil complaints by EMail is the topic of Dirk Lindloff's Klageeinreichung in elektronischer Form. The site lists, in German, the federal and state rules. The federal statutes address primarily the procedural laws governing the filing for the various specialty courts, such as general civil, employment, administrative, or trademark. The states provide the implementing provisions to establish the acceptable and required systems for electronic filing, such as the Baden-Württemberg Attorney General's Regulations on the Introduction of Electronic Communications in Legal Matters.
© German American Law Journal :: Washington USA
CK - Washington. A complete overview of the rules governing the filing of civil complaints by EMail is the topic of Dirk Lindloff's Klageeinreichung in elektronischer Form. The site lists, in German, the federal and state rules. The federal statutes address primarily the procedural laws governing the filing for the various specialty courts, such as general civil, employment, administrative, or trademark. The states provide the implementing provisions to establish the acceptable and required systems for electronic filing, such as the Baden-Württemberg Attorney General's Regulations on the Introduction of Electronic Communications in Legal Matters.
© German American Law Journal :: Washington USA
Sat, 18 Sep 2004
Massive Copyright Violations?
CK - Washington. Criminal defense counsel Udo Vetter published a memorandum on his law blog addressing the criminal copyright issues that could affect buyers of movies, software and songs downloaded from the now-defunct website ftpwelt.com. ftpwelt.com was the very up-and-up looking commercial site that sold unlicensed products and was supported, among others, by a well-known attorney who specialized in the pursuit of copyright violators, see Sebastian Wolff-Marting, Fox Loose in the Henhouse.
Vetter establishes that the ftp-welt customers should have nothing to fear although the prosecution had publicly stated that it would prosecute the downloaders. Of course, the caveat applies that not all the facts are known.
© German American Law Journal :: Washington USA
CK - Washington. Criminal defense counsel Udo Vetter published a memorandum on his law blog addressing the criminal copyright issues that could affect buyers of movies, software and songs downloaded from the now-defunct website ftpwelt.com. ftpwelt.com was the very up-and-up looking commercial site that sold unlicensed products and was supported, among others, by a well-known attorney who specialized in the pursuit of copyright violators, see Sebastian Wolff-Marting, Fox Loose in the Henhouse.
Vetter establishes that the ftp-welt customers should have nothing to fear although the prosecution had publicly stated that it would prosecute the downloaders. Of course, the caveat applies that not all the facts are known.
© German American Law Journal :: Washington USA
Thu, 16 Sep 2004
Fox Loose in the Henhouse
SWM - Berlin. According to German media reports, Bernhard S., attorney at law and partner in a notorious law firm in Munich, was arrested today. He was charged with violations of copyright and pornography laws. German prosecutors believe that he is one key members of an elaborate international network that sells illegal copies of movies and software on the internet.
SWM - Berlin. According to German media reports, Bernhard S., attorney at law and partner in a notorious law firm in Munich, was arrested today. He was charged with violations of copyright and pornography laws. German prosecutors believe that he is one key members of an elaborate international network that sells illegal copies of movies and software on the internet.
This case appeared even on German nationwide television news, because his law firm specializes in copyright protection and internet law. In the eighties, his law firm partner became famous for devising schemes to entrap teenage computer gamers with false letters, tempting them to send illegal game copies to a factitious Tanja.
For this reason, German computer nerds planned parties to celebrate the event in major German cities tonight, and the story is over all the blogs: Schadenfreude.
© German American Law Journal :: Washington USA
Sat, 11 Sep 2004
German Law Dictionary
CK - Washington. A German law dictionary with sources going back to the sixth century is located at Heidelberg University. The online dictionary with some 75,000 terms is a work in progress and currently done from A through Q.
jurabilis! lists also the Grimm Dictionary.
© German American Law Journal :: Washington USA
CK - Washington. A German law dictionary with sources going back to the sixth century is located at Heidelberg University. The online dictionary with some 75,000 terms is a work in progress and currently done from A through Q.
jurabilis! lists also the Grimm Dictionary.
© German American Law Journal :: Washington USA
Mistaken Internet
CK - Washington. eRecht24 published a list, in German, of ten common misunderstandings of the law governing internet activities. The topics include copyrights on published material, the law applicable to transnational consumer transactions, domain names and trademarks, and the liability of trading portals as well as diclaimers on web sites. The author is an attorney who explains several key issues from the perspective of German law. (Hint from Sevriens).
© German American Law Journal :: Washington USA
CK - Washington. eRecht24 published a list, in German, of ten common misunderstandings of the law governing internet activities. The topics include copyrights on published material, the law applicable to transnational consumer transactions, domain names and trademarks, and the liability of trading portals as well as diclaimers on web sites. The author is an attorney who explains several key issues from the perspective of German law. (Hint from Sevriens).
© German American Law Journal :: Washington USA
Wed, 08 Sep 2004
Phone Customer Data
CS - Bonn On August 18, 2004, the Thuringia Court of Appeals in case number 2 U 1038/03 upheld a lower court decision to confirm that telephone companies must keep confidential customer data secret if so demanded. The court held that the publication of customer data, such as telephone numbers or addresses, infringes on the right to privacy and, therefore, may entitle them to damages and even, in principle, for damages such as suffering.
The civil claim involves a police officer who had ordered an unpublished number, for security reasons. He argued that he might have to move after the company published his number because he feared threats from delinquents. The officer won before the trial court, but the defendants, a telephone company and a publisher of a local directory, appealed. They argued that their responsibility was insignificant and that the claim for damages was insufficiently substantiated.
The Court of Appeals confirmed that the publication severely violated the right to privacy. It concluded, however, that the infringement was insufficiently severe to justify immaterial damages. Since the companies update annually about one third of their customer entries, a single wrongful publication would constitute only minor negligence. The plaintiff received an award of EUR 1,000 in damages but not for the infringement of his privacy rights and instead for the harm to his health.
The court found the officer to have sufficiently demonstrated health problems such as pain, sleeplessness, and other trauma, as a result of the wrong publication. In addition, the plaintiff would be entitled to compensation for damages that arise in the future as a result of the publication, for instance if the plaintiff would, in fact, need to move. The Court of Appeals reasoned that the plaintiff's desire to change his residence was an immediate and foreseeable result of safety threats caused by the disclosure of his data.
© German American Law Journal :: Washington USA
CS - Bonn On August 18, 2004, the Thuringia Court of Appeals in case number 2 U 1038/03 upheld a lower court decision to confirm that telephone companies must keep confidential customer data secret if so demanded. The court held that the publication of customer data, such as telephone numbers or addresses, infringes on the right to privacy and, therefore, may entitle them to damages and even, in principle, for damages such as suffering.
The civil claim involves a police officer who had ordered an unpublished number, for security reasons. He argued that he might have to move after the company published his number because he feared threats from delinquents. The officer won before the trial court, but the defendants, a telephone company and a publisher of a local directory, appealed. They argued that their responsibility was insignificant and that the claim for damages was insufficiently substantiated.
The Court of Appeals confirmed that the publication severely violated the right to privacy. It concluded, however, that the infringement was insufficiently severe to justify immaterial damages. Since the companies update annually about one third of their customer entries, a single wrongful publication would constitute only minor negligence. The plaintiff received an award of EUR 1,000 in damages but not for the infringement of his privacy rights and instead for the harm to his health.
The court found the officer to have sufficiently demonstrated health problems such as pain, sleeplessness, and other trauma, as a result of the wrong publication. In addition, the plaintiff would be entitled to compensation for damages that arise in the future as a result of the publication, for instance if the plaintiff would, in fact, need to move. The Court of Appeals reasoned that the plaintiff's desire to change his residence was an immediate and foreseeable result of safety threats caused by the disclosure of his data.
© German American Law Journal :: Washington USA
Fri, 03 Sep 2004
Fees for Criminal Defense Counsel
MC - Washington. The Supreme Constitutional Court, Bundesverfassungsgericht, in Karlsruhe safeguards in its decision of March 30, 2004 the right to counsel and the exercise of the legal profession. Its recent redefinition of the money laundering statue of section 261 of the Criminal Code implies that only funds definitively known to be tainted at the time of their receipt by counsel are subject to the statute. Defense counsel need not undertake a specific investigation about the origin of fee payments. Clemens Kochinke reviews the decision comprehensively, see 20 International Enforcement Law Reporter 403 (October 2004).
© German American Law Journal :: Washington USA
MC - Washington. The Supreme Constitutional Court, Bundesverfassungsgericht, in Karlsruhe safeguards in its decision of March 30, 2004 the right to counsel and the exercise of the legal profession. Its recent redefinition of the money laundering statue of section 261 of the Criminal Code implies that only funds definitively known to be tainted at the time of their receipt by counsel are subject to the statute. Defense counsel need not undertake a specific investigation about the origin of fee payments. Clemens Kochinke reviews the decision comprehensively, see 20 International Enforcement Law Reporter 403 (October 2004).
© German American Law Journal :: Washington USA
Thu, 02 Sep 2004
Open Source Courage
CK - Washington. Stephan Meyer shows courage and creativity. He created a wiki application and plans to publish the source code. He shares his displeasure with the OSI-approved licenses with others, including this author, and developed his own. Sensibly, the license provides some protection for the interests of the original author and subsequent contributors. As Meyer is based in Germany and German copyright ownership would attach to the software, his license also addresses special issues that arise under German law and that so-called standard open-source licenses with the OSI seal of approval do not address either adequately or at all. Sourceforge rejected his release of the program because it is not GPLd. Meyer started a list discussion (license-discuss (a t) opensource.org) and a blog to hear more views on the issue. His copyright-protected license is found at both sites.
Disclosure: Meyer interned with CK in 2002.
© German American Law Journal :: Washington USA
CK - Washington. Stephan Meyer shows courage and creativity. He created a wiki application and plans to publish the source code. He shares his displeasure with the OSI-approved licenses with others, including this author, and developed his own. Sensibly, the license provides some protection for the interests of the original author and subsequent contributors. As Meyer is based in Germany and German copyright ownership would attach to the software, his license also addresses special issues that arise under German law and that so-called standard open-source licenses with the OSI seal of approval do not address either adequately or at all. Sourceforge rejected his release of the program because it is not GPLd. Meyer started a list discussion (license-discuss (a t) opensource.org) and a blog to hear more views on the issue. His copyright-protected license is found at both sites.
Disclosure: Meyer interned with CK in 2002.
© German American Law Journal :: Washington USA
Tue, 31 Aug 2004
Outbound Extradition
CK - Washington. On August 23, 2004, the new European directive on arrest warrants came into effect for Germany, and two days later, a German court extradited a German citizen for the first time to a foreign jurisdiction. The new directive trumps the constitutional barrier against extraditing citizens. Details at the jurabilis! blog.
© German American Law Journal :: Washington USA
CK - Washington. On August 23, 2004, the new European directive on arrest warrants came into effect for Germany, and two days later, a German court extradited a German citizen for the first time to a foreign jurisdiction. The new directive trumps the constitutional barrier against extraditing citizens. Details at the jurabilis! blog.
© German American Law Journal :: Washington USA
Sat, 28 Aug 2004
Law Firm of the Year
CK - Washington. The strange phenomenon of attempting to gauge law firms in a top firm of the year format finds its German result in a JUVE list of nominees. Among the firms without an American presence but great name recognition is a firm that has supported the Capital Area Chapter of the German American Law Association with speakers, among them the energetic head of its winning dispute resolution division: Gerhard Wegen, Gleiss Lutz.
© German American Law Journal :: Washington USA
CK - Washington. The strange phenomenon of attempting to gauge law firms in a top firm of the year format finds its German result in a JUVE list of nominees. Among the firms without an American presence but great name recognition is a firm that has supported the Capital Area Chapter of the German American Law Association with speakers, among them the energetic head of its winning dispute resolution division: Gerhard Wegen, Gleiss Lutz.
© German American Law Journal :: Washington USA
Wed, 25 Aug 2004
Compliance on Lawyer Sites
CK - Washington. The state of the art and of compliance with statutory requirements of web sites by lawyers are the topics of a comprehensive note, in German, by Mathias Lorenz: An Analysis of Internet Presentations of Lawyers. The results of his survey indicate that compliance is deficient. For instance, many lawyers who advertise their services in Germany disregard the need for an Impressum, i.e. an easily accessible list identifying the provider of the website, tax numbers, addresses and other contact information. Lorenz examines the requirements that may apply to lawyer web sites in detail which adds significant value to the evaluation of the survey.
© German American Law Journal :: Washington USA
CK - Washington. The state of the art and of compliance with statutory requirements of web sites by lawyers are the topics of a comprehensive note, in German, by Mathias Lorenz: An Analysis of Internet Presentations of Lawyers. The results of his survey indicate that compliance is deficient. For instance, many lawyers who advertise their services in Germany disregard the need for an Impressum, i.e. an easily accessible list identifying the provider of the website, tax numbers, addresses and other contact information. Lorenz examines the requirements that may apply to lawyer web sites in detail which adds significant value to the evaluation of the survey.
© German American Law Journal :: Washington USA
Tue, 24 Aug 2004
Caught Red Handed
CK - Washington. A corporate membership association representing the interests of audio-visual rights exploiters was caught red-handed by German attorney Udo Vetter as holding itself out as an expert witness assisting police in the analysis of CDs seized from a PC user. The association also holds itself out as the industry representative that causes police to seize such material and to prosecute alleged violators of their rights to exploit the musical works of artists under contract with its members.
Persuasively and passionately, Vetter points out in a written submission to the prosecution the illegality of appointing such an organization as an expert. At its most basic, expert witnesses are by law required to be individuals; organizations do not qualify. Most obviously, there is an inherent bias. From the perspective of evidence management, releasing evidence to an unqualified outsider can break the chain of custory.
Currently, the group is soliciting tips--by email to antipiracy@gvu.de, telefax or telephone--on flee markets and internet sales. The group promises to collect such information in a database. Query whether the data collection meets applicable data protection laws.
© German American Law Journal :: Washington USA
CK - Washington. A corporate membership association representing the interests of audio-visual rights exploiters was caught red-handed by German attorney Udo Vetter as holding itself out as an expert witness assisting police in the analysis of CDs seized from a PC user. The association also holds itself out as the industry representative that causes police to seize such material and to prosecute alleged violators of their rights to exploit the musical works of artists under contract with its members.
Persuasively and passionately, Vetter points out in a written submission to the prosecution the illegality of appointing such an organization as an expert. At its most basic, expert witnesses are by law required to be individuals; organizations do not qualify. Most obviously, there is an inherent bias. From the perspective of evidence management, releasing evidence to an unqualified outsider can break the chain of custory.
Currently, the group is soliciting tips--by email to antipiracy@gvu.de, telefax or telephone--on flee markets and internet sales. The group promises to collect such information in a database. Query whether the data collection meets applicable data protection laws.
© German American Law Journal :: Washington USA
Mon, 23 Aug 2004
Transatlantic Testament
CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does not meet the requirements of Florida law which the court found to apply substantively under the German conflicts of law rule in Art. III(3), XXVI(1)(1)(b) EGBGB. Yet, the court found the will to meet German statutory requirements, §2247 BGB, and to be valid under conflicts of laws rules established by the Hague Convention on the recognition of testaments, dated October 5, 1961, Art. I(1)(b). Although neither the United States nor Florida signed the convention, its rules are accepted as "universal law", the court acknowledged.
As a result, the testamentary provisions will govern the distribution of the estate among its beneficiaries. The court recognized that Florida may not accept the will and may not grant the intended beneficiaries the right to administer the property within Florida's borders. Therefore, the will may have a "limping" effect, to be resolved once the parties continue the matter in the lower court, but in any case with the effect of the distribution of the estate in the shares established by the decedent.
© German American Law Journal :: Washington USA
CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does not meet the requirements of Florida law which the court found to apply substantively under the German conflicts of law rule in Art. III(3), XXVI(1)(1)(b) EGBGB. Yet, the court found the will to meet German statutory requirements, §2247 BGB, and to be valid under conflicts of laws rules established by the Hague Convention on the recognition of testaments, dated October 5, 1961, Art. I(1)(b). Although neither the United States nor Florida signed the convention, its rules are accepted as "universal law", the court acknowledged.
As a result, the testamentary provisions will govern the distribution of the estate among its beneficiaries. The court recognized that Florida may not accept the will and may not grant the intended beneficiaries the right to administer the property within Florida's borders. Therefore, the will may have a "limping" effect, to be resolved once the parties continue the matter in the lower court, but in any case with the effect of the distribution of the estate in the shares established by the decedent.
© German American Law Journal :: Washington USA
Sat, 21 Aug 2004
Regulator Stalls VoIP
CK - Washington. As if life were not complicated enough, the German FCC-equivalent, RegTP, decided to make VoIP a little more complex. Fearing the deception of customers calling VoIP consumer numbers, the RegTP decided to limit the availability of city codes and related numbers of VoIP customers to where those customers reside. The current practice of VoIP providers, such as SipGate, to offer its customers numbers in the several cities where it maintains crossover access to the traditional telephone network, would be curtailed as a result. Sipgate users, for instance, can select a Berlin area code number regardless of their physical location, and they can use that number whether they are in Pawpaw or Las Palmas. The Heyms-Bahr blog offer additional links to the regs and comments. American providers such as SipPhone may benefit from the shortsightedness of the agency because they can offer customers worldwide access to its VoIP system. By contrast, SipGate is now limited to provisioning customers who reside in cities where it maintains access points. While that number increases steadily, there are no such access points in every locale with a city code.
Disclosure: The author is a happy subscriber with the companies mentioned here, currently at SIP 1 747 555 5555.
© German American Law Journal :: Washington USA
CK - Washington. As if life were not complicated enough, the German FCC-equivalent, RegTP, decided to make VoIP a little more complex. Fearing the deception of customers calling VoIP consumer numbers, the RegTP decided to limit the availability of city codes and related numbers of VoIP customers to where those customers reside. The current practice of VoIP providers, such as SipGate, to offer its customers numbers in the several cities where it maintains crossover access to the traditional telephone network, would be curtailed as a result. Sipgate users, for instance, can select a Berlin area code number regardless of their physical location, and they can use that number whether they are in Pawpaw or Las Palmas. The Heyms-Bahr blog offer additional links to the regs and comments. American providers such as SipPhone may benefit from the shortsightedness of the agency because they can offer customers worldwide access to its VoIP system. By contrast, SipGate is now limited to provisioning customers who reside in cities where it maintains access points. While that number increases steadily, there are no such access points in every locale with a city code.
Disclosure: The author is a happy subscriber with the companies mentioned here, currently at SIP 1 747 555 5555.
© German American Law Journal :: Washington USA
Fri, 20 Aug 2004
No Alcohol for Kids
SWM - Idstein. The Supreme Constitutional Court, Bundesverfassungsgericht, denied certiorari in the preliminary injunction matter 1 BvQ 28/04 which involves a new tax on sweetened alcoholic beverages. A new statute intends to deter teenagers from the fad of ready mix long drinks which contain liquor. Studies had shown that teenagers may become dependent on alcohol after consuming such drinks.
The plaintiff, a distiller, argued that the enforcement of the law would cause the significant loss of employment and irreparable damage to its business. The Court ruled that the plaintiff had not shown enough evidence to support its petition for review.
© German American Law Journal :: Washington USA
SWM - Idstein. The Supreme Constitutional Court, Bundesverfassungsgericht, denied certiorari in the preliminary injunction matter 1 BvQ 28/04 which involves a new tax on sweetened alcoholic beverages. A new statute intends to deter teenagers from the fad of ready mix long drinks which contain liquor. Studies had shown that teenagers may become dependent on alcohol after consuming such drinks.
The plaintiff, a distiller, argued that the enforcement of the law would cause the significant loss of employment and irreparable damage to its business. The Court ruled that the plaintiff had not shown enough evidence to support its petition for review.
© German American Law Journal :: Washington USA
Sat, 14 Aug 2004
Inheritance, Assets in Germany II
CK - Washington. The initial assumptions and steps to recover assets in Germany in a probate proceeding involving an American decedent, discussed in Inheritance, Assets in Germany I, lead to the issues of the satisfaction of tax obligations and obtaining proper papers from the German probate court, such as a certificate of inheritance, Erbschein, or letters of administration, Testamentsvollstreckerzeugnis.
The same applies to German citizens who died in the United States after obtaining American residence status--which may be a permanent residence, as it is defined under immigration law, or resident status as defined under federal tax law or under state estate, inheritance, probate, family or tax law, or a mix of factors that take into account all of these aspects. Again, as stated before, this note does not advise you on what applies to your situation. You need to obtain the advice from your attorney.
With a German citizen who had acquired resident status in the United States, things get a bit more complicated because the applicable American probate law may subject the entire estate to American law while the German law subjects all of the estate to German law. Even more complicated could be cases where the decedent had dual citizenship from birth. Finally, the cases involving persons of German citizenship who acquired American citizenship and retained German citizenship raise complex conflicts of laws issues. They can be resolved, but heirs and administrators need to be aware of them from the beginning because important deadlines relate to each particular set of circumstances.
That is true also where the decedent had only American citizenship but acquired residence status in Germany. The person may have become a resident in Germany for probate purposes, often after moving there, dissolving the household in the United States and establishing all important societal relationships in Germany while losing or relinquishing them in the United States.
Then, there are Americans who die in Germany after establishing legal residence there, for instance by registration for the public records, Meldeamt, with the intent of living there only temporarily and whose connection with America remains strong. Those factors influence the decisions required to determine the appropriate tax compliance on both sides of the Atlantic as well as the type of probate proceedings needed to get hold of assets from abroad.
For instance, in some cases, the certificate of inheritance, Erbschein, or letters of administration, Testamentsvollstreckerzeugnis, needed under German law to recover funds from German bank accounts may be limited, gegenständlich beschränkt, to the German assets while the principal probate matter is handled before an American probate court.
© German American Law Journal :: Washington USA
CK - Washington. The initial assumptions and steps to recover assets in Germany in a probate proceeding involving an American decedent, discussed in Inheritance, Assets in Germany I, lead to the issues of the satisfaction of tax obligations and obtaining proper papers from the German probate court, such as a certificate of inheritance, Erbschein, or letters of administration, Testamentsvollstreckerzeugnis.
The same applies to German citizens who died in the United States after obtaining American residence status--which may be a permanent residence, as it is defined under immigration law, or resident status as defined under federal tax law or under state estate, inheritance, probate, family or tax law, or a mix of factors that take into account all of these aspects. Again, as stated before, this note does not advise you on what applies to your situation. You need to obtain the advice from your attorney.
With a German citizen who had acquired resident status in the United States, things get a bit more complicated because the applicable American probate law may subject the entire estate to American law while the German law subjects all of the estate to German law. Even more complicated could be cases where the decedent had dual citizenship from birth. Finally, the cases involving persons of German citizenship who acquired American citizenship and retained German citizenship raise complex conflicts of laws issues. They can be resolved, but heirs and administrators need to be aware of them from the beginning because important deadlines relate to each particular set of circumstances.
That is true also where the decedent had only American citizenship but acquired residence status in Germany. The person may have become a resident in Germany for probate purposes, often after moving there, dissolving the household in the United States and establishing all important societal relationships in Germany while losing or relinquishing them in the United States.
Then, there are Americans who die in Germany after establishing legal residence there, for instance by registration for the public records, Meldeamt, with the intent of living there only temporarily and whose connection with America remains strong. Those factors influence the decisions required to determine the appropriate tax compliance on both sides of the Atlantic as well as the type of probate proceedings needed to get hold of assets from abroad.
For instance, in some cases, the certificate of inheritance, Erbschein, or letters of administration, Testamentsvollstreckerzeugnis, needed under German law to recover funds from German bank accounts may be limited, gegenständlich beschränkt, to the German assets while the principal probate matter is handled before an American probate court.
© German American Law Journal :: Washington USA