Hamburg Court: Online Publisher is Liable for Reader Comments. Also for Comments on Blogs?
am 09.12.2005 von http://lawjustice.blogspot.com
The first-instance district court of Hamburg has issued a temporary restraining order preventing an on line publisher Heise Zeitschriften Verlag from publishing reader comments on a forum. Those comments called on others to overload a third party’s server by massively downloading a programme. In the future Heise will have to review all comments and discussion forums.
Joerg Heidrich, the attorney representing Heise Zeitschriften Verlag, said that if this decision sets a precedent, every provider who offers readers the possibility of posting comments without filters will be immediately liable for breaches of the law in those comments and can be sued.
He stressed that this judgment contradicts the expressed will of the German parliament and of the EU e-commerce Directive which exonerates intermediary service providers from any liability where they have played a passive role in transmitting information from a third party. The e-commerce Directive also limits the liability of providers of other intermediary service such as the storage of information. In other words, providers of infrastructure services and access services cannot be held liable for the information …
Hamburg Court: Forum Operators are Liable for Comments
Law & Justice / The first-instance district court of Hamburg has handed down its written statement on its ruling of December 02, 2005 on liability for forums. The statements refers to web forums as an especially dangerous feature. Those who operate such a source of…
Hamburg Court: ISP to Reveal Data
German American Law Journal :: American Edition / CK - Washington. A Hamburg court granted the petition of a copyright claimant against an internet service provider to release customer data relative to an alleged copyright violation involving audio material, basing its decision on §101(a…
Lawsuits against bloggers
Law & Justice / The Media Law Resource Center has compiled this list of legal actions taken against bloggers for libel and other alleged conduct. This list includes only cases based on content of blogs, which are created by and feature comments from an individual or…
Inaccurate or Defamatory Statements on Blogs
Law & Justice / Nathan Burke at lawfirmblogging.com has a post about inaccurate/defamatory statements on blogs. The question he asks is: if you (or a client you represent) post inaccurate statements in a blog, what is the precedent for responsibility? Nathan gives…
Value Judgment and Defamation
German American Law Journal :: American Edition / GC - Washington. In addressing the liability of an internet forum provider, the court of appeals, OLG, in Koblenz, Germany decided July 12, 2007 in the matter 2 U 862/06 that it is within the scope of freedom of expression to criticize a busi…
Forum and Blog Liability
German American Law Journal :: American Edition / JN - Essen. Bloggers and other web site operators offering discussion forums may be liable for content posted by visitors pursuant to a new judgment from the Hamburg district court, Landgericht Hamburg, docket no. 324 O 721/05. As reported by…
Internet Survives Düsseldorf
German American Law Journal :: American Edition / CK - Washington. The buzz on German blogs is the newest decision on the liability of forum providers for visitor comments. The well-informed Berlin Blawg publishes the Düsseldorf Court of Appeals decision in the matter I-15 U 21/06 of Jun…
Mouse Roars, Stops Comments
German American Law Journal :: American Edition / CK - Washington. In the scheme of Germany justice, the Hamburg District Court is an insignificant court of first instance except that its 24th division, the press chamber, acquired notoriety under its chief judge Buske. Buske is well-known an…
» juris BMJ - Einzelnorm
» EUR-Lex - 32000L0031 - EN
» Stadt Hamburg: Willkommen beim Landgericht Hamburg
» SCADPlus: Legal aspects of electronic commerce ("Directive on electronic commerce")
» heise online
» heise online - Court rules that Heise is immediately liable for reader comments
» recht-im-internet.de - Kanzlei Joerg Heidrich
Kanzlei Joerg Heidrich, Online- und Medienrecht
© 2004-2008 JuraBlogs | Impressum
