Tag Archives: law & taxes

Intellectual Property Rights

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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… Ben Silbermann is often mentioned in discussions such as these. 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.

Freelance Or Contract Workers – Where Does The Border?

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New judgment to the Landesarbeitsgericht ensures clarity as long as to principal and contractor agree, take over independent like to freelance work for changing companies. It comes to the dispute over the nature of the business relationship, but can cause serious consequences. On the safe side, it is therefore who informed prior to a contract for the legal framework of its activities as a freelancer. When freelancers and self-employed entrepreneurs provide services for third parties and those customers pay the self-employed for the work they have done, both are automatically in a legally binding contract. But where exactly? Here are the limits of fluent, explains Lutz Groot Bramel, Managing Director of the insurance broker specialised in freelance and self-employed entrepreneurs gb.online gmbh: A distinguishing criterion formulated aims of the Treaty.

A concrete success is sought, for example, the development and implementation of a Computer program and the contractor determines how he fulfills the contract, so it is a work contract. If the target is only the fulfillment of an activity at the or the provision of services to the customers, one speaks of a service contract.” Here, it is essential that the contractor owes not a concrete success, but only a particular activity the customer in a service contract. Quite different the situation is, if the Freelancer or his staff at the customer site will be active. Here, the suspicion of temporary work and thus a license contract is close quickly. Most important criterion for the detection of such license agreement is the question of whether the service provider in the customer operations is incorporated and whether he gets employment instructions directly from the customer. In this case, the presumption is close, that here is a self-employed as employees of the client company working without being hired there. The problem is, it don’t care about the courts as the contractual agreement is between two parties, but will be lived as the actual employment relationship “, explains Lutz Groot Bramel. The National Labor Court Baden-Wurttemberg has made a landmark judgment in August 2013 to this question which will be decisive in assessing similar contractual relationships between freelancers and their clients in the future. It is advisable therefore to undergo the scrutiny’s own working conditions and, where appropriate, with the principal to negotiate changes, in order to avoid the accusation of bogus contracts and of self-employment. The media spokesman of the Landesarbeitsgericht BW, Ulrich Hensinger answers questions about this ruling and its consequences, see.