Is the only way to get rid of a victim – or is it possible to have a little humanity on the internet??
The fronts to the topic "warning" the legal experts think that their victims only react to the expensive warning club, while internet users feel that they have been systematically ripped off and ripped off. The warning wave now wants to find out who is right (even if that doesn’t mean he will get it) in a field test.
The internet attack war ("internet offensive"), which the then chairman fritz pleitgen announced for ard in 2000, has long since become reality and the attacks are taking place at ever shorter intervals: with abmahnwelle.De the fax rings meanwhile several times a day. The lawyers involved are happy about it, because they always earn – the person being warned, on the other hand, can only lose.
For example the acquirer of the address leukamie.De, from which the stefan-morsch-stiftung now not only wants the address, but also just under 2000 euros for its lawyer. Since 2002, the foundation is also on leukaemia.De – i.E. The version without the umlaut. Thus the donation stands synonymously for leukamie, so its lawyer, and in particular, after at the beginning the web address www.Leukaemia.De was redirected directly to the website of the foundation. However, this is usually a counter-argument for an independent work. The lawyer invokes trademark law and the protection of a work title – something that was only possible in the past, for example, with oil-of-elf.De was suitable for the defense of an initially attacked address (greenpeace versus trademark law), but is now converted into a legally more interesting attack: the amount in dispute for leukemia.De and the use of the term "leukamie" 250,000, which is unfortunately customary in domain disputes.000 euros.
Chronic internet cancer: leukaemic dispute about addresses
Although it is still unclear what is to be presented on the new address and whether it was not only registered for sale, this would also be annoying but legitimate and also rather unusual: in fact, one of the best-known domain names has just appeared on the scene "domain reservator" germany, the company teldo paffgen, has appeared as a mass warning party and now wants to sue for the corresponding umlaut domains in addition to the hundreds of pages reserved by it and filled with minimal content. Here, too, we are dealing with general terms such as schutze, markte, elektrogerate, mittelmeerkuste, bahnhofe or pedikure and not with trademarks.
It remains puzzling why anyone could have registered the damnable domains with umlaut separately, if now every owner of the corresponding domains without umlaut can sue for the domain with umlaut as a superscript, even for general terms and without owning a trademark. They are therefore already considered to be the flop of the year.
If domain law is a particularly good area for lawyers to make money, because hardly any court is willing to adjust the usually completely excessive amounts in dispute, the majority of warnings concern other areas. Copyright is now also well represented with music, software and city maps. The maps in particular are becoming a plague, because for a few brambles and a few centimeters of map, those who are caught in flagrante with a city map copy on their pages get a good deal: either they buy a rather expensive license or they pay the same amount as a penalty.
"Pure rip-off", according to those concerned, no one would want to deliberately violate laws because of a map section, but then just renounce the maps. On the other hand, the lawyers iing warnings regularly say – possibly as a protective claim – "the evil infringers would not react to anything else". Thus statement stands against statement, the abmahnrubel rolls further and the freiwilligen and honorary aids of the warning wave rotate, although the association has completely different goals, than mass abmahnopfer to comfort: rather the continuous warning wave is to be braked by preventing and warning information.
Even a cab for each visitor is cheaper than a card license
In order to clarify whether the abmahnwolfe only eat chalk, if they maintain, it reacts otherwise yes nobody, this is to be investigated now. To this end, volunteers, some of whom have themselves been warned about card clippings, use search engines to search the web for card clippings, just as the warners do, and then write to the webmasters in question. Either with a letter as a former victim himself or as purely factual information about the lurking danger. Only a few percent have a license from the map publishers, as their prices made it seem cheaper for most webmasters to delete the approach map and pay a cab to each visitor instead.
The reactions of the contacted webmasters – friendly reply, unfriendly reply, no reply at all, removal of the card in question, license purchase or ignoring the warning – is then statistically evaluated. Thus, the association not only takes over the task of clarification, which is actually due to the card manufacturers – the music industry, for example, has quite managed to make it known that you can not have unlicensed mp3s on your own website, even if you have purchased the associated record legally – but can soon also prove who is now right in terms of the need for the abmahnke club: the law hardliners – or the normal internet users. One can be curious about the result.
Slices of the lawyer of the stefan morsch foundation:
My client has been running the stefan morsch foundation since 1986 to help leukemia patients. The foundation is the first point of contact for people affected by leukemia. The foundation has over 250.000 donor files. The goal of the foundation is honorable.
Therefore it was obvious for the foundation to use the domain www.Leukaemia.De, and it is obvious after the possibility of registering umlaut domains, also owner of the domain www.Leukamie.De to become. The current owner, however, has stated unequivocally that he will not transfer the domain. In this respect, therefore, my client now legally enforces her claims. There is no other way. This is something that would not be consistent with the foundation, as the report subliminally intends to suggest.
The value of the object is also customary, as is the charging of costs. It remains to be noted that the previous negotiations with the owner of the domain www.Leukamie.De have failed.
I request you to publish this letter without delay. Sincerely markus philipp forster attorney at law