Wed, Jun. 16, 2004

EU Arrest Warrant

CK - Washington.   Today, the Federal Diet in Berlin overrode a veto by the Senate against a bill to implement the European Union directive for a unified arrest warrant. The E.U. agreement simplifies the determination of 50 listed offenses deemed to meet the requirement of double criminality.

Law Blogs in Germany II

CK - Washington.   Among the law blogs listed in the Handakte-OPML are Bakraç, and Sevriens.

The Rechtsanwalt Mustafa Bakraç blog is one of the newest blogs in German. Its topics, immigration law and sports law, should interest a good number of American readers. Despite its promise, however, the blog suffers from the scarcity of updates.

By contrast, two other blogs have recently acquired prominent status by virtue of their frequent updates and proprietary entries: and Sevriens. Dennis Sevriens mirrors rarely and, instead, offers proprietary content, in a broad range of civil matters and with a focus on IP. Der Chef kocht selbst, and the food is tasty and hearty. As a result, many bloggers have taken to quoting him. Peter Müller offers insightful analyses into IP developments, is especially strong in domain and ISP law and keeps on top of open source licenses, often with supplementing mirrors.

Offloading New Books

CK - Washington.   German law protects small book vendors and publishers by enforcing minimum retail prices established by publishers. Today, the Frankfurt Court of Appeals decided the issue whether the retail sales price also applies to sales of new books on eBay. Sevriens analyzes the decision in detail, and he, law blog, Handakte, and IUM, among others, discuss it further and provide background information, in German. A Culture Council expressed satisfaction.

The basic elements are simple. A journalist frequently sold books he received for free for reviews, on eBay. The court determined such sales to fall under the statutory principles that apply to the first sale of new books. A significant factor is the frequency of the sales which turns the seller into a book dealer. In this case, docket number 11 U (Kart)18/04, offering 40 new books over a period of six weeks was sufficent to render the journalist subject to the §3 of the Buchpreisbindungsgesetz.

See Nebel, Auction Sellers Anticipate Appeals Ruling, (May 24, 2004).

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