OLG Hamburg: Investigation of Logistep are conform with data protection in Germany
Steinhausen / Hamburg, 17 November 2010 . The identification of IP addresses by the Swiss data protection Logistep AG is legally sound. This is the result, the Hanseatic higher regional layer (Az 5 W 126/10) in A recently published decision. He had in the proceedings for injunction, damages and information taken out in claim defendant argued that still remain from the Logistep AG of Switzerland made identifying its IP address is under Swiss federal law of data protection have been unconstitutional. As a result, there is also evidence illegally in Germany, which protect him. This proved to be a fallacy. Only in September 2010 but was the top Swiss Federal Court in a highly controversial decision between the judges considers d it followed federal data protection officer and had Logistep to terminate the investigation of IP addresses. For the Hanseatic Court of Appeal, however, this is completely meaningless. On the contrary, the judges shall explicitly states that the work of Logistep AG under German data protection law is admissible and referred in this context to the En tscheidung of the Federal Court (I ZR 121/08 - Summer of our lives ), which also Tues Logistep e-data discovery had as its basis. (. Rka lawyers), the Hamburg lawyer Nikolai Klute, who leads the proceedings on the part of the rights owner as plaintiff, said: "For the Hamburg Higher Regional Court has no evidence to suggest that could be some evidence illegally just because has since judged by a Swiss Federal Court's activities accordance with their legislation as a data protection law. For the legal evaluation of whether evidence illegally REGARDS ch present the determined IP addresses, but is under national law. The decision by the Swiss judge plays no role at all -. Apart from the fact that he is wrong and "
According to the court of the Hanseatic Higher Regional Court is not apparent that the determination of IP addresses German data protection law illegal could be, "because in the determined IP addresses personal reference by normal means without additional information can not be established. The personal reference is only through the part of prosecutors to § § 161 para 1 sentence 1 and 163 Code of Criminal Procedure requested or acc. § 101 § 9 Copyright Act allows court-ordered information from the provider. Granting of such information, the Supreme Court in the above decision "summer of our lives" (there: Tz 29) explicitly considered as legitimate "
was this just a loophole opened for file sharers quickly closed again.. Nikolai Attorney Klute, "added After the Federal credit to the Swiss Logistep AG in May of this year as flawless and data protection considered permissible to clarify the ruling of the Hamburg court that has not changed even after the decision of the Swiss Federal Court of nothing."
The data determination is carried out today by a company resident in Germany.
Richard Schneider, Executive Director of Logistep AG: "We are pleased that our work not only in technical terms but also to a data protection audit found by the Hanseatic Higher Regional Court a second time for good was. "
over. rka Rechtsanwälte
. rka Rechtsanwälte is including in the intellectual property law firm operating. Firm's attorneys have extensive experience in process management, monitoring and defense of intellectual property rights. . Rka Rechtsanwälte advises artists and celebrities as well as well-known companies.
. rka Rechtsanwälte is including in the intellectual property law firm operating. Firm's attorneys have extensive experience in process management, monitoring and defense of intellectual property rights. . Rka Rechtsanwälte advises artists and celebrities as well as well-known companies.
About Logistep AG and Germany Logistep UG , based in Karlsruhe Logistep UG is a subsidiary of Swiss Logistep AG. The Baden IT companies fought on behalf of its clients, mostly from the entertainment industry, copyright infringement on the Internet, mainly in so-called peer-to-peer networks, but also with one-click hosters. The focus is on the UG Logistep Logistep technology Logistep AG. Several expert reports from Germany, England, France and Poland confirm the reliability of the next Logistep patent-pending technology, data quality and information security. On copyright, trademark, and Internet law specialist with the lead firms of Logistep professionally collected data regularly judicial proceedings against offenders. A large part of the process to wrap the lawyers out of court from successfully with warnings and cease and desist.
Press Contacts:
Logistep Germany UG
Händelstraße 25
D-76185 Karlsruhe
requests to expert statements, interview requests, images or other materials should be directed to
Xpand21 GbR
Konstantin Breyer
Rafael Adler
Kiebitzhof 9
22 089 Hamburg
Tel: +49 40 325 09 17 17
Fax: +49 40 325 09 17 19
E -Mail: logistep@xpand21.com
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