thriving business with treats especially in the context of mass warnings [2]
has become known. The defendant offers on the Internet at a free searchable recipe collection chefkoch.de. The recipes are uploaded by individuals independently with appropriate images. It has been repeatedly used by the applicant prepared photos, without obtaining his consent. 
The applicant wants to prohibit the defendant in particular, some of it created and marions kochbuch.de-callable photographs without his permission on the website to publish. He also sought damages. The plaintiff was already in the lower courts successful [3] For this talk in particular the fact that the operator of chefkoch.de outwardly visible responsibility for the content have taken the published recipes and illustrations. This State control over content as well, as the users would be pointed. Last but not least, the defendant characterizes the recipes with their emblem, a chef's hat. The author of the recipe, however, appears only as an alias and with no emphasis on the ingredients list. Finally, ask the operator, including the consent of its users, that he made available to all recipes and images for copy and may disclose to third parties. 
Now the revision was rejected by chefkoch.de. The provision of the copyrighted photographs of the applicant violates the exclusive right of public access. The offense is not contradicted, that the pictures had already been on the website of the plaintiff have been generally available. Moreover operates the defendant not an auction platform, or an electronic marketplace for third-party offers. Rather, it relied on the content uploaded by its users on its own and thus liable for them and their own content. The Federal Court also awarded the plaintiff damages. The defendant did not consider sufficient, who was entitled to the rights to the photos published on its platform. The reference in their terms and conditions that should be loaded on their platform no infringing content was not sufficient.
Due to the special nature of chefkoch.de, namely the pre-control and make the appropriated the external content, this case should not easily be transferable to web forums. For example, the Hanseatic Higher Regional Court had noted in a
ruling [4] against the operators of Marion's cookbook that a football forums community is not liable for images set there.
The industry association Bitkom took the verdict as an opportunity to ask again for more legal certainty for Internet providers. The German courts have therefore led to an expansion of the auditing requirements, which are for web site providers can no longer be tolerated and sometimes contradict European law. Why should the federal government in the Telemedia Act make it even clearer just how far the liability of the web provider may.
( Joerg Heidrich
) /( raised [5] / c't)
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