Lawyer for IT Law and Digitalisation
Digitisation is progressing rapidly and with it the legal problems. Our lawyers for IT Law will advise you primarily on questions concerning file sharing, Internet file sharing networks, electronic payment transactions and other related topics. Our law firm, based in Traunstein, is active for you nationwide and supports you in extrajudicial cases concerning IT, Internet and e-commerce as well as in court.
Have you been admonished for downloading a file from the Internet?
Have you or someone close to you been charged with downloading a file from the Internet? Then it is probably a case of file sharing – and clearly a case for an experienced lawyer in the field of IT Law.
At first glance, downloading a piece of music, video film or audio book from the Internet seems presumably harmless. All the more surprising then is the later reprimand from a law firm with precise details of the downloaded product, the hash value, the IP address, the port number, the time and the user identification.
A warning is usually issued for unauthorized public access to a piece of music, for example, via an Internet file-sharing platform, as well as for illegal exploitation of the protected work. Particularly affected by legal warnings are private persons, operators of holiday apartments as well as hoteliers, authorities or public-law institutions via whose Internet access so-called file sharing has been committed. Internet file sharing is a variant of file sharing, whereby participants of a data network are simultaneously connected as user and provider with other participants of the data network.
Advice from the lawyer for IT Law: Numerous warnings are unjustified!
Hardly any other area of law has occupied both jurisdiction and legislation as well as politics more in recent years than the legal classification in dealing with copyrighted works of third parties on Internet file-sharing networks. The tension between the copyright protection of intellectual property and the protection of service providers was recently defused by law in favour of the service provider by the 3rd Telemedia Amendment Act.
This is one reason for every person affected not to pay warning costs and lawyer’s fees or to sign a cease-and-desist declaration or a settlement agreement without legal examination by a lawyer for IT Law, because: numerous warnings are unjustified!
Electronic payment transactions
Payment processes are redefined …
From barter to paper money to crypto-currency: payment processes have been subject to constant change over the past centuries. Today’s focus in the context of digitisation is on three types of payment instruments: Electronic payment (so-called e-payment), mobile payment (so-called m-payment) and crypto currency.
E-payment is in turn divided into direct transfer systems and payment systems based on e-money accounts. PayPal is one of the best known payment systems based on e-money accounts. Direct bank transfer systems are known under the names Giropay, Paydirekt or Sofort. M-payments are divided into mobile proximity payment and mobile remote payment.
Mobile proximity payment is based on payment via smartphone, which is equipped with a Near Field Communication (NFC) controller. This technology is used by Samsung Pay, Android Pay and Apple Pay. The Quick Response (QR) code payment procedure of the Chinese payment platform Alipay, for example, is also among the M-Payments. Mobile remote payments, on the other hand, are characterized by the fact that the mobile device is located at a physical distance from the purchased goods. The Google Wallet App is already being used for mobile remote payments in the USA and England.
The third and so far most unusual type of these payment instruments is the crypto currency. The crypto currency became well-known through Bitcoins. Bitcoins is a virtual monetary unit and the world’s leading digital payment instrument for the crypto currency.
… and with it the legal problems.
It is to be expected that mobile payment instruments in particular will gain market strength in the coming years and develop further. The latter applies, as it were, to the legal classification of electronic payment transactions and the associated development of legislation and jurisdiction.
This rapid development in the field of cashless payment, for example, is being exploited by new players in the market: For instance, so-called third-party payment service providers offer cost-effective payment services for online shopping. With the consent of the respective customer, third-party payment service providers use online banking systems to inform the customer’s respective contractual partner that the amount to be paid has been transferred.
Digitisation is making a comeback in many areas of our daily lives and thus brings with it a high potential for legal problems.
Our lawyer for IT Law and Digitalisation will be happy to advise you on questions regarding Information Technology Law. Please contact our law firm!