legal problems
I hope this won't affect the BB.
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Bad news for forums?
Having read through the article then yes, it probably will! Either that or we practise a little more self-discipline on the board!
At the moment this should only be an issue, if the jurisdiction is Hamburg. AFAIK the BB jurisdiction is Munich.
Heise Verlag has appealed this judgement. As it says in the article, the Judges decision is in opposition to the governing Teledienstgesetz, with regulates these things, and would make it practically unfeasible for anybody to operate a public forum. The operator's responsibility has been previously confirmed by the courts in Cologne.
In the case in question, a user of a "Heise" forum published a script designed to "swamp" a particular company's server (well known for its "business" practices) with dowlnload requests, similar to a DOS attack, as a sort of revenge. Details of the case can be found here.
This is typical of judges not having a basic understanding of technical issues and passing judgement on the basis of one general law in opposition to another particular law. In this case, an opinion was not the bone of contention, rather an incitement to an action which could damage the plaintiff's "business".
The law which governs the content of Internet forums is the Teledienstgesetz, not the BGB or the Gewerbegesetze, so it does have precedence in law. The main problem is that judges don't always understand all the laws, but that's why there are higher instances.
As far as BB is concerned: We might insult each other, but I can't remember reading anything here that could be construed as damaging to a radical German businessman's trade, so I wouldn't panic.
Heise Verlag has appealed this judgement. As it says in the article, the Judges decision is in opposition to the governing Teledienstgesetz, with regulates these things, and would make it practically unfeasible for anybody to operate a public forum. The operator's responsibility has been previously confirmed by the courts in Cologne.
In the case in question, a user of a "Heise" forum published a script designed to "swamp" a particular company's server (well known for its "business" practices) with dowlnload requests, similar to a DOS attack, as a sort of revenge. Details of the case can be found here.
This is typical of judges not having a basic understanding of technical issues and passing judgement on the basis of one general law in opposition to another particular law. In this case, an opinion was not the bone of contention, rather an incitement to an action which could damage the plaintiff's "business".
The law which governs the content of Internet forums is the Teledienstgesetz, not the BGB or the Gewerbegesetze, so it does have precedence in law. The main problem is that judges don't always understand all the laws, but that's why there are higher instances.
As far as BB is concerned: We might insult each other, but I can't remember reading anything here that could be construed as damaging to a radical German businessman's trade, so I wouldn't panic.
I agree with mike_a
I think the britboard is one of the boards i have been to where there is not too much 'name calling' and slagging off.
I think the britboard is one of the boards i have been to where there is not too much 'name calling' and slagging off.
This is one of the reasons why many sites don't bother with guest books anymore, because of the few ruining it for everyone else. Those who do still have them control the entries before publishing.
And I agree with Bbulldog, this board is excellent in comparison to some others!
And I agree with Bbulldog, this board is excellent in comparison to some others!
I'll have to look into this at some point. Thanks.
Depends if it's to do with the location of the server or the location of the owner. If it's the former, then it would be Berlin.
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At the moment this should only be an issue, if the jurisdiction is Hamburg. AFAIK the BB jurisdiction is Munich.
Depends if it's to do with the location of the server or the location of the owner. If it's the former, then it would be Berlin.
I can't believe this will go through!
Surely, common sense will prevail. Though judging by some laws here you have to ask whose common sense it'll be.
Surely, common sense will prevail. Though judging by some laws here you have to ask whose common sense it'll be.
That's sadly often the case with some laws.
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Depends if it's to do with the location of the server or the location of the owner. If it's the former, then it would be Berlin.
The legals are quite clear on that one, Ed Bill. Jurisdiction is the registered address of the administrative contact, according to DENIC:
PLZ: 80939
Stadt: Muenchen
Land: DE
That's the address any legal redress would go to (obviously the complete address listed at DENIC, I obviously didn't publish the whole address to protect the appropriate privacies).
A' right 'n' 'at Jimmy
seems there has been a decision .. whether it affects BB seems to be questionable, but make of it what you will.
someone how's about a summary in English
I'm assuming it means your responsible for any postings, would it not solve the issue to move the board off shore, to the states or something. There have been several lawsuits in the UK regarding postings which slandered someone, but it only applies to websites that are hosted in the UK, move it abroad and they can't really touch you.
I'm assuming it means your responsible for any postings, would it not solve the issue to move the board off shore, to the states or something. There have been several lawsuits in the UK regarding postings which slandered someone, but it only applies to websites that are hosted in the UK, move it abroad and they can't really touch you.
Not strictly true. It also can depend on where the registered owner of the site resides.
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