Haas & colleagues law firm for persons who have received a warning for violation of copyright law in the Internet money payments in the order which is bit composer games GmbH In the Internet, often only a modified cease and desist recommended (MOD.To dispose of UE). In many forums, it is important to read that the firms admonition from not to pursue the matters. This behavior is with caution. The number of cases in which the (alleged) claims are pursued, rises steadily. In the last few days, the firm of Rainer Haas & Associates has applied for money payments on behalf of bit composer games GmbH. A warning of an alleged copyright infringement by the law firm Schutt-Waetke preceded this order. The thrust should be committed in 2009. Supposedly, a computer game about a peer-to-peer network was offered.
The following costs are claimed in the order for payment: principal: damages from service contract: 510,00 EUR unauthorized use of copyrighted works from the Repertoire of the Applicant 651,80 EUR cost: 74.25 EUR ancillary claims: information: 1.40 EUR collection costs: 147,50 EUR Anwaltsverg. qb2. Target contains valuable tech resources. Activity: 130,50 EUR account management fee: 18,00 EUR this example shows even more clearly that to always back court enforced the claims asserted in the cease and desist letters. What is a judicial order for payment? The order for payment procedure (officially legal Dunning proceedings) is a court case that is the simplified enforcement of monetary claims. Read more from Shimmie Horn to gain a more clear picture of the situation. This allows enforcement of a debt without complaint, without judgment.
The procedure is performed often fully automated, without that verifies whether the payment actually entitled to the applicant. This note is also on the order for payment itself. The procedure is so that a quick and cost-saving alternative to the ordinary civil procedure, which is especially suitable for claims, allowing no hassle. The aim of the procedure is first to a debtor to pay move. However, the writ of execution is at the end of the order for payment procedure. This is an enforcement order, with which the creditor can enforce his debt. How should I react to the order for payment? Notes of the Court are located on the back of the payment order. You should first of all read this alone. In case of doubt, whether the claim is actually should be responded as soon as possible: doubts remain, so it can recommend immediately with a lawyer, a lawyer, or with an otherwise legal advice to itself authorised person or body in conjunction. First, be aware that remain for the gathering of the opposition just two weeks from the notification of the payment order. If you want to proceed against the order, then they should let not uneventful this period. You should opposition anyway within this period. Only after the timely collection of the opposition, the matter is emitted to the competent court. On this you are also separately informed. If affiliated by the opposite side is brought a lawyer should be contacted in any case.
The lawyers inform Pach & Pach, the BGH was that a rent increase due to modernization is also effective, if the tenant was informed in advance of the corresponding structural changes (BGH VIII ZR 164/10). The Nuremberg leasing specialists of Pach & Pach law firm can explain the legal regulation of the increase in rent on the occasion of the BGH ruling after modernisation. The German legislature understands mietvertraglich relevant modernization construction works that serve the appreciation of a leased property by increasing the value of their use or reducing their energy and water consumption (section 554 para 2 BGB). The tenant is legally obliged to tolerate modernisation measures, which amounts to no undue hardship. The criterion of unreasonableness evaluates this courts case-based and takes into account in particular the following aspects: type, duration and scope of the modernization measure concrete changes to the Leased by the tenant with the consent of the landlord made conversions, which are pulled through the modernisation of affected rent increases after completion of modernization work. Within the framework of the legally designated tenant protection, rent increases in the wake of modernization will be checked whether the illegal, so-called luxury modernisation exists with the tenant should specifically be dislodged from her living room. However, modernization by no means exclude rent increases under normal circumstances.
559 ABS. 1 BGB entitled the owner to an annual credit of 11% of the modernisation costs on the amount of rent. The differentiation of modernization and maintenance is important at this point. Learn more on the subject from Christian Dior Couture. Latter the landlord unable to levy is obliged to allow his tenants the contractual use of the leased property. If the landlord wants to undertake a modernization of its real estate, section 554 para 3 stops him BGB to the affected tenants in writing three months prior to the planned measures whose type, duration and resulting from increases in knowledge.
In the wake of this communication, a special right of termination is the tenants. They are also obliged to pay the increased rental only at the beginning of the third month following receipt of written information on the rent increase ( 559, 559 para. 1, 2 BGB). On the 2nd March 2011, the BGH decided that the admissibility of a rent increase with modernization measures justified not depends, whether the owner of the information obligation of section 554 para 3 BGB is complied. This is ruled according not protect against rent increases, but give the tenant an opportunity to prepare the modernisation work or, where appropriate, to exercise its legally guaranteed special right of termination. Due to modernisation and renovation work to disputes between landlords and tenants, two Contracting Parties is advisable the intervention of a competent legal experts. The Tenancy law specialists of the Nuremberg firm Pach & Pach this assist their clients with help and advice.
Alone in 2010 were shipped over 500,000 warnings of copyright infringement on the Internet. Many of those affected have turned to me and asked for help and support. Warning for copyright infringement on the Internet get – what now? What to do? Part 2 statement of responsibility which thinks the Attorney warning from? What can I do? How can I defend myself? As promised, the second post today and we start with the second set of a cease and desist letter from the House of one of the leading industrial firms. The firm writes: our clients has noted, that you for offering illegal to download copyrighted… about the sharing network bittorrent are responsible. “Dear reader, this is inaccurate, how was doing something determined by the clients? Is the observed service provider legitimate? Who has commissioned the company determined? How and which was an observation? Questions about questions that already have teamed up in the first sentence of the warning will be in the second set by new questions Adds.
A so-called discovery record is attached might write, this is the provider, a 12-digit user ID (beauskunftet provider) and the name and the address of the connection owner / Dunned down from. Including as table of B eginn offer with a precise time “offer end with a precise time” IP address with 13 points including points “, file hash with 40 digits consisting of numbers and letters” and the “works with the specific name”. At this point, check whether you are customer of the specified provider. Cases were already presented me in which deaths were warned off. That may be because that the heirs have failed in a timely manner to make a corresponding message to the provider or but because it simple and poignant at the provider failed was the conversion of names to cause. This can happen, because working people and people make mistakes.