Research center warning wave
The research center Abmahnwelle e. V. was a self-help facility for those affected by mass warnings based in Gelsenkirchen , originally Geislingen an der Steige .
Goal setting
The web project saw its task in the area of research , documentation and information on the warning system . The statutes of the association contained:
- The purpose of the association is to promote research and science in the field of industrial property protection, new media law and data protection law.
- The purpose of the articles of association is achieved in particular by researching the application of the warning as an instrument for out-of-court enforcement of claims and participation in legal training in the field of commercial legal protection, law on the Internet and data protection law. Research results should be published promptly, scientific events should be carried out for the interested public and information on this area should be collected, evaluated and a. be made available on the Internet.
activities
For this purpose, the association collected current warnings; He wanted to sensitize the importance of the warning to enable warned to be able to differentiate a legitimate from a dubious warning. Due to the Legal Advice Act (RBerG), no legally binding information should be given, which is why the project's website was primarily designed as a central contact point, information collection and “self-help forum”. In the past, however, inadmissible legal advice was given in the “self-help forum”, which was prevented by the LG Ulm / OLG Stuttgart (two cases) and the LG Essen / OLG Hamm (all decisions are final). Another judgment for failure to observe data protection was issued in 2006 by the Munich AG against this association.
In addition, the research center occasionally carried out field experiments ; For example, a study from March 2004 looked at inappropriately used city maps ; It was found that the legal remedy of the warning was unnecessary in most cases: The affected responded immediately, even without a "warning club", and removed the contentious content from their mostly private homepages . Based on this experience, the research center called for a change in the law according to the motto “warn first, then admonish”. However, the courts did not follow this view. Thus, the LG Berlin (Az .: 16 O 380/05) awarded the rights holder with a judgment of February 21, 2005 555.60 euros in warning costs and 6920 euros in damages.
The research center was closed in 2015.