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Mein Blog
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Urheberrecht/Abmahnung
| Posted on January 30, 2013 at 3:08 PM |
Die Süddeutsche Zeitung berichtet, dass zwischen der Union und der FDP eine Einigung über ein Gesetz
erzielt werden konnte, das Verbraucher vor Massenabmahnungen bei
Urheberrechtsverletzungen schützen soll. Der
Gesetzesentwurf soll Anfang Februar ins Kabinett eingebracht
werden, um noch vor der Sommerpause das gesamte parlamentarische
Verfahren durchlaufen zu können. Demnach soll für eine Filesharing-Abmahnung pauschal ein Gegenstandswert von EUR 1.000,00 zu Grunde zu legen sein. Das anwaltliche Honorar für eine Abmahnung beliefe sich dann auf insgesamt 155,30 €. Es steht aber zu befürchten, dass daneben Schadensersatzforderungen wegen der in Rede stehenden Urheberrechtsverletzung an den Verbraucher herangetragen werden (Berechnung des Schadens im Wege der fiktiven Lizenzanalogie). Neben dem bereits bestehenden § 97 a II UrhG will der Gesetzgeber nun einen weiteren Versuch unternehmen, die Abmahnkosten für Urheberrechtsverletzungen zu beschränken. |
Categories: Urheberrecht
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