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Hamburg decision on forum liability

am 24.04.2006 von http://transblawg.eu

The Hamburg Landgericht (a bit like the High Court in England and Wales) recently published the grounds for its December decision in what we might call Mario Dolzer v. Heise Verlag. Here’s how The Register put it:

A Hamburg court has ruled that moderators of internet forums are liable for content posted on their sites.
The previous interpretation held that they were only accountable for illegal content they had been made aware of. The new ruling means if operators do not have enough in-house resources to monitor forums, they should “reduce the scope of their business operations”.

I read the decision and some commentaries on it. It’s being appealed, so it isn’t final. Still, I don’t really know:

how far its reach is (Sascha Kremer suggests it is about forums with editorial content)

whether it affects forums without a foot in Germany (it seems clear there are lawyers in Germany permitted and inclined to make like difficult for all and sundry, but would a Welsh rugby forum have difficulties here?)

will a lot of weblog owners with controversial discussions be sued, whether or not successfully?

what is the effect of what I would …

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Freezing Speech Massively

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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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