Only the Munich courts have so far represented a much stronger stance. These have softened them in our latest proceedings however. “Munich say: MIA san mia!” The judge of the District Court and the District Court of Munich had unanimously expressed that they would not feel on such a legal specification by the OLG Cologne, but rather would take account of the scale of the OLG Munich. The decision of the OLG Cologne is too inaccurate. The Munich District Court I has a ruling of the 14.02.2012 (AZ.: 21 S 9214/11) in principle the objective for the Munich judge by analogy defines: If the presentation of the port owner excludes it or appear sufficiently likely in the life experience, that the injury not can be committed during the period from the time of him themselves as perpetrators, because he can specify a specifically different sequence of events. We have fought through again what is including in numerous proceedings before the District Court of Munich. In numerous legal proceedings the Court in Munich decided again and again, the lecture was not precise enough. We now have the revolution.
I have now in 3 proceedings (AG Munchen, AZ: 142 C-18346/13;) AZ: 158 C 15612/13;(AZ.: 113 C 20287/13) is more or less a new Munich line “can work out. You could shorten the above in detail described scale of the Munich courts also apply as follows: the connection owner can exclude with almost certainly that he comes as a perpetrator in question and a third, most likely committed the violation. This went so far that the connection owner now present a burden of proof in the framework I believe should have that he is not the culprit. Now 3 judges in 3 proceedings, have my legal opinion independently of each other, this goes too far. The new benchmark in the courts of Munich is the serious possibility now. To the relief of the Holder as perpetrators enough, if there is the serious possibility that someone third could have committed copyright infringement. So, finally the Munich courts have softened their very strict attitude towards the so-called secondary presentation load in a reasonable way. There are good ways to help you! Georg Schafer Attorney