03/02/2020 LG Hamburg, judgment of 24.01.2014 - 324 O 264/11 - openJur Hamburg District Court, judgment of 24.01.2014 - 324 O 264/11 reference openJur 2014, 3249 Rkr :  AmtlSlg :  PM :  Civil law constitutional law IT and media law internet law European law public law §§ 823 para. 2 , 1004 para. 1 sentence 2 BGB ; Arts. 1 sec. 1 , 2 sec. 1 GG ; §§ 22 , 23 KunstUrhG ; Art. 8 ECHR tenor I. The defendant is sentenced to avoid administrative fines to be fixed by the court for each case of the infringement and, if this cannot be enforced, to order detention or to imprisonment for up to six months (fine in individual cases up to a maximum of EUR 250,000. 00, orderly in total not more than two years), to refrain from spreading the following images in the Federal Republic of Germany on all pages belonging to the domain of g..de: II. The rest of the application is dismissed. III. The plaintiff bears 81% and the defendant 19% of the costs of the litigation. IV. The judgment is in relation to Section I. against security in the amount of € 180,000, and to Section III. provisionally enforceable against security deposit of 110% of the amount to be enforced in each case; and decides: The amount in dispute is set at EUR 600,000. facts The plaintiff opposes the distribution of images via the defendant's search engine. The plaintiff is a UK citizen and lives abroad. He is the former president of the international automobile association FIA, the umbrella organization of Formula 1. His father was the founder of the fascist party of Great Britain, the wedding of his parents took place in the house of JG, one of the wedding guests was AH. In 2008, the media reported on the plaintiff, who was filmed using secret cameras during intercourse with five women in a room that was particularly protected from insights. This also resulted in recordings of the practice of sadomasochistic practices. There was no connection between these practices and National Socialism, as was initially suspected in the press (cf. plant group K 2). The British tabloid “N. ot W. ”published still images and excerpts from this video. Still images from the video were distributed over the Internet. The process and reporting of the "N. ot W. ”attracted considerable attention from the press and the public, and images from the video were published on the front page of major daily newspapers in many countries. The defendant, a company based in the USA, is the owner of the domain "g..de". Under this domain, it offers various functions and services, including a search engine service. This includes the so-called "image search". This is a web search in which the World Wide Web can be searched for certain keywords for the search for images and other graphic content using a textbased search engine software. For further details on the other services of the defendants, reference is made to the statements by the defendants on September 17, 2012 (page 23 of the defendant's brief of September 17, 2012). Search engines, including the defendant's image search function, record, as far as this is permitted by the respective website operator on the basis of standardized procedures, the findable information from over a trillion Internet addresses that are in constant change. The image search engine consists of several components. The "finding" of content on the Internet by search engines is technically referred to as "crawling" and is carried out using the so-called robot, a computer program that automatically follows the existing links on the Internet and receives content from the respective web servers on request. Depending on the design of the website found, the robot receives content that is then technically converted and processed by the so-called indexer. During the image search, the target image is reduced in its data volume in the course of this conversion and stored as a preview image in the so-called thumbnail cache. The storage takes place in particular on the defendant's servers in the USA; there are no such servers in Germany. The reduction in data volume as part of this process is due to the required efficiency of the search engine. If the images were saved there in their entirety and displayed in full in the search results list for each search, the search results would be too slow. There is also a constant update of the index and thumbnail cache, so the preview images once indexed by a search engine and the relevant information do not remain in the index and thumbnail cache, if 1 2 3 4 5 6 7 8 9 10 11 https://openjur.de/u/674344.html 1/23