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1. THE HIDDEN BUSINESS OF THE INTERNET MOZILLA SOFTWARE
2. THE HIDDEN BUSINESS OF THE INTERNET MOZILLA DOWNLOAD

THE HIDDEN BUSINESS OF THE INTERNET MOZILLA DOWNLOAD

But at the prior download stage, there is no exhaustion.

Exhaustion would only apply if this new copy of the program were passed on further.

THE HIDDEN BUSINESS OF THE INTERNET MOZILLA SOFTWARE

If a consumer downloads a software program over the internet, a completely new piece of work comes into existence when saved on a data carrier. The defendants cannot claim exhaustion of Mozilla's trademark rights as this exemption only applies with regard to each individual piece of work for which the trademark is used. But Mozilla's consent depends on one fundamental requirement: Every further distribution of the software must be free of charges - and subscription traps are not.īy using FIREFOX trademarks without complying with these conditions, the defendant operators of the subscription traps infringed Mozilla's trademark rights.

Mozilla generally grants everyone the right to download FIREFOX and to distribute it under the terms of the "Mozilla Public License", as well as to use Mozilla's trademarks under the terms of the "Mozilla Trademark Policy". The fraudulent websites use the well-known trademark FIREFOX for identical goods without authorization from the right owner, Mozilla Foundation. Mozilla Foundation, represented by Hogan Lovells, has successfully fought back against several subscription traps in Germany through preliminary injunctions based on trademark infringement as well as on unfair competition practice. Even if only a fraction of misled consumers actually pay, this leaves a generous profit. The fraudulent scheme is highly profitable, with some websites issuing as many as 170,000 invoices per week - equaling a weekly invoicing amount of 16.32 million Euros. But therein lies the trap: The download of a software program supposedly free of charges turns out to be a two-year subscription for a software database at a cost of about 100 Euros p.a. They simply agree to the website's terms and conditions by mouse-click as a matter of routine.

Users hardly ever notice the hidden small print with information on the price and duration of the contract. The user is prompted to make a simple quick mouse-click: "DOWNLOAD NOW", alongside an image of the well-known FIREFOX logo. The traps follow a uniform pattern: A Google search for "FIREFOX" leads to search results that redirect to a website offering various well-known F/OSS programs for download. The operators of such fraudulent websites take advantage of the consumer's trust in a free download of the popular internet browser FIREFOX or other freeware or Open Source Software (F/OSS). Fraudulent online traps are a phenomenon frequently encountered in Germany.