German Fear of Anonymity
am 18.02.2008 von German American Law Journal :: American EditionCK - Washington. Another nail in the wireless Internet coffin. By summary order, the Düsseldorf appellate court announced that WiFi users should install password protection and encryption in order to insulate themselves from contributory liability for alleged copyright violations perpetrated by third parties through wireless routers. By leaving the router open, the court found a user to have afforded third parties with the protection of anonymity that allowed them to break the law by downloading content from the Internet. Therefore, the user should suffer the consequences and be held liable for alleged illegal downloads. Anonymity is frequently seen in a negative light in Germany, despite volumes of laws on privacy and protection of data that are designed to shield individuals from invasion into their personal space. The apparent policy conflict does not seem to disturb many …
Access to Data at ISP
German American Law Journal :: American Edition / CK - Washington. Piercing the layers of personal data protection in Germany, and much of the European Union, depends on the statute that applies to the origin, type and location of data. Generally, the law of personal information is person-cen…
Milestone in Copyright Jungle
German American Law Journal :: American Edition / CK - Washington. Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht. The December 20,…
WIFI Use OK
German American Law Journal :: American Edition / CK - Washington. Accessing wireless LAN systems operated by others does not constitute a crime under German law, Ulf Buermeyer concludes in his detailed analysis Der strafrechtliche Schutz drahtloser Computernetwerke (WLANs).The converse may b…
Organism Liability of Online Vendors
German American Law Journal :: American Edition / CK - Washington. Contributory liability for acts of others has developed into a headache also for so-called affiliate marketing programs on the Internet. In such systems, a vendor contracts with an aggregator that provides access to websites…
Torts and Arbitration
German American Law Journal :: American Edition / CK - Washington. An American arbitration clause provided by contract for retail securities transactions does not cover tort claims arising under the German statute for investor protection, the Düsseldorf appellate court decided on Decemb…
Data and Idea Flows
German American Law Journal :: American Edition / CK - Washington. While data protection is pretty much settled in Germany and rarely raises to the level of concern that, for instance, phishing and lost laptops cause in the United States, the prosecutorial side of ideas to address data flows…
ISPs to Protect User Identify
German American Law Journal :: American Edition / ACP - Washington. As a basic principle, an ISP is not obligated to communicate the name and the address of an Internet user who offers copyright-protected music files on the Internet for illegal downloading. The Frankfurt Court of Appeals,…
HHow to Kill the Internet
German American Law Journal :: American Edition / CK - Washington. … Or: Hamburg, again. Courts in Hamburg--city tag for motor vehicles: HH--almost single-handedly manage to kill the Internet in Germany. As observed here before, they publish extravagant rulings defying the statutory…
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