subject of the ruling of the Oberlandesgericht Hamm (OLG Hamm, Judgement of 22.09.2009, Az 4 U 77/09) is that even a copyright warning of the legal argument of abuse can be pleaded.
§ 8 paragraph 4 UWG preclude the application of unfair Warnings and complaints in copyright law can be used either directly or according to, for the legal standing of the injured author is clear - unlike the competition law - from a subjective right of exclusivity. It was not governed by law. The absence of a statutory scheme do not rule out the objection of a wrongful use of the legal standing of the person who is famous for allowing copyright rights and entitlements. A similar objection of abuse of rights may result from § 242 BGB.
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