pcfritz.de online store
pcfritz.de was a platform for online trading with software and hardware . The online shop was mainly sold via its own website and ebay . In particular, recovery data media were traded, which were brought into circulation by original equipment manufacturers . Was considered particularly cheap services to Windows 7 from Microsoft with prices of about 70% below the market price. Investigations have been carried out on suspected copyright infringement since 2013 . Trading ceased in mid-2014.
history
Ascent
The operator, pcfritz.de Onlinestore GmbH, made around 2/3 of its sales on the ebay trading platform in September 2013 . The company was registered at the Stendal District Court (HRB 17516), its seat was Halle (Saale) . The owner was Maik Mahlow until October 2013. Mahlow did an apprenticeship as a retail salesman in the grocery store . Mahlow caused a sensation for his company with PR tours and parties with the Fritzbus and lightly clad "Fritzmädelz", among others together with Oliver Pocher & Giovanni Zarrella .
Mahlow said he had a liposarcoma , which he was receiving treatment in Ukraine , and that he was diagnosed in December 2012. Against this background, Mahlow advertised “I'm going to die! So what? ”In September 2013, doubts arose in the press. Firat Cagac acted as a consultant to the company.
Mahlow relied on the case law. There were several judgments on this: According to the judgment of the Federal Court of Justice of July 6, 2000, the resale of recovery data carriers is legal. According to the decision of the Federal Court of Justice of October 6, 2011, action can be taken against the individual sale of recovery CDs without a certificate of authenticity . The trade in software licenses was confirmed by the European Court of Justice in 2012.
Prosecutor's investigation
The Halle public prosecutor, in cooperation with the Dresden and Berlin-Brandenburg customs investigation offices, searched the company's business and storage rooms in Berlin and Halle (Saale) on September 18, 2013 on the basis of allegations of forgery (Az. 506 Js 15467/13). A total of around 100 officers were deployed, over 18 objects were searched and over 100,000 data carriers were confiscated. Allegedly, all accounts were blocked. The use was preceded by an advertisement from Microsoft . On September 30, 2013, PCFritz initiated an injunction against Microsoft Germany to prohibit the spread of allegations. In May 2014 it emerged that the data carriers came from Ukraine .
A similar dispute exists between Microsoft and the operators of the online shop "softwarebilliger.de" of TYR Holding GmbH, where Mahlow's consultant Firat Cagac acted as "Director Sales and Marketing" from 2009 to 2010. This resulted in the confiscation of data carriers by the Berlin State Criminal Police Office , changes of company and legal action before the Frankfurt am Main Regional Court and the Hamburg Regional Court .
In mid-October 2013, Le-Na GmbH from Berlin (Register Court Berlin-Charlottenburg, HRB 143794 B) became the owner of the online shop; Aribert-Heinz Peressoni became the new managing director. Maik Mahlow should act as an advisor.
In mid-December 2013, Lege Artis GmbH from Berlin took over PC Fritz and the price for Windows 7 Professional was doubled from just under 20 to just under 40 euros. In spring 2014, PC Fritz belonged to SEB-BELL Unternehmensberatung GmbH, Augsburg.
In April 2014, the public prosecutor's office announced that the 170,000 data carriers seized in September 2013 from PC Fritz were "all counterfeits". On April 9, 2014, three other operators of PC Fritz were arrested in addition to Mahlow; In Berlin, the detainees' homes and offices were searched.
The register court announced on April 10, 2014 for pcfritz.de GmbH from Halle (Saale) and on April 25, 2014 for pcfritz.de Onlinestore GmbH, that both “companies will be deleted ex officio due to lack of assets according to § 394 FamFG should". According to the registry court, an objection could be lodged within a period of three months after the announcement.
The webshop was taken offline on May 20th, 2014. In May 2014, Mahlow confessed that the cancer was invented for marketing reasons . The authorities suspect that the man behind the charge is Reiko Opitz, who denies the allegations.
Legal proceedings
In March 2015, Firat Cagac was sentenced by the Halle regional court to a prison term of 4 years and three months for tax evasion of 900,000 euros. The Halle district court increased the penalty for fraud and copyright violations in this matter. Firat Cagac was sentenced by the regional court on May 26, 2015 to six years and three months in prison. It was also known that Firat Cagac had asked his accomplices by letter to be freed by helicopter. At the end of May 2015, Cagac was still at large on bail of 500,000 euros.
The damage caused by imitations of products such as Microsoft Windows 7 and others is estimated at 9 million euros. Maik Mahlow testified in these proceedings; he is also in the witness protection program .
Web links
- Website with comments (archive.org) ( Memento of November 10, 2013 in the Internet Archive )
Individual evidence
- ↑ PC Fritz obtains an injunction against Microsoft. In: heise.de , September 30, 2013
- ↑ pcfritz.de: On course for expansion at high speed. In: sachsen-anhalt-info.net, July 11, 2013
- ↑ Express ( online )
- ↑ star ( online )
- ↑ star ( online )
- ↑ Cancer millionaire: Celebrate to the death. In: Hamburger Morgenpost , August 26, 2013
- ↑ Federal Court of Justice, decision of July 6, 2000, file number I ZR 244/97
- ^ Federal Court of Justice, decision of October 6, 2011, Az. I ZR 6/10
- ↑ European Court of Justice, Case C ‑ 128/11
- ↑ a b Golem.de , October 2, 2013 ( online )
- ↑ ChannelObserver ( online )
- ↑ PC magazine ( online )
- ↑ Spiegel TV ( online )
- ↑ Regional Court of Cologne , September 30, 2013, Az. 33 O 215/13
- ↑ Spiegel ( online )
- ↑ zdnet ( online )
- ↑ heise.de ( online )
- ^ Dubious takeover: jewelry dealer buys PC Fritz, In: crn.de, October 18, 2013
- ↑ Disguise tactics: PC Fritz sold again In: crn.de, December 13, 2013
- ^ A b Dispute over pirated copies: managing director of PCFritz arrested. In: itespresso.de, May 6, 2014
- ↑ Lars Sobiraj ( online )
- ↑ Golem ( online )
- ↑ crn.de ( online )
- ↑ t-online.de ( online )
- ↑ Krull in Kiev. In: Spiegel, May 26, 2014
- ↑ PC Fritz: Windows pirates obtained pirated copies from the Ukraine . In: Spiegel, May 26, 2014
- ^ PC Fritz trial in Halle: prison sentence for defendants. In: Mitteldeutsche Zeitung , March 3, 2015
- ↑ The Standard ( online )
- ↑ Spiegel ( online )
- ↑ Trial against PC Fritz operators: masterminds sentenced to more than six years in prison. In: Spiegel, May 29, 2015
- ↑ Heise ( online )
- ↑ image ( online )
- ↑ Trial against PC Fritz Kronzeuger wears a wig. In: Mitteldeutsche Zeitung, October 21, 2014