recht - 20.3.2006 - 6.7.2007

BGH facilitates telephone information disclosure of data - and goes with the argumentation Web 2.0. Opt-out instead of Opt-in. When will they finally understand that only Opt-in is fair and correct. No, data is not simply there to enrich companies, just because no one objected.

Company names in blog domains are problematic - "class" decision, LG Hamburg. Right away, the dirty masses have been silenced. When will Bildblog be shut down, by order of the authorities?

Karlsruhe: Lawmakers must disclose secondary incomes for the first time - well, that's something. Not much, but at least a small step towards transparency.

Zwangsausschluss von Aktionären verfassungsgemäß - well, there politics and the constitutional court pull together - a capitalist - string. Nice how it is suggested to major shareholders that it is a corporate participation and not a capital investment - in times when financial investors, for pure capital interests, strip mid-sized companies, such an idea is simply laughable.

Reportage: Twenty in a Cage, 24 Hours of Light - "Many of the G8 critics taken into custody had to be released again. Because many were taken into custody solely due to 'suspicious hooded jackets, sunglasses, and scarves' or because of radios in their luggage, explains one of the duty lawyers."

GVU and Investigations - "The employees of the GVU are not neutral experts."

Administrative Court: Honey must be protected from GM maize pollen - a small victory that hopefully won't be undone in higher instances (yes, sometimes I'm a hopeless optimist and dreamer).

Schäuble and Zypries want to extend Paragraph 129 StGB to individual perpetrators - the state's rampage continues. And as expected, the Federal Incompetence (some call her Federal Minister of Justice) immediately caves under minimal pressure. Can we still hope for Karlsruhe then?

Police rely on private service providers in hunt for child pornography - interesting, especially in light of Schäuble's demand for expanded surveillance. Then even more will be outsourced in the long run - but where will the security of citizens' privacy remain?

Court confirms liability of the Admin-C - good, because the sham entries that are taking place there are highly absurd. And that a lawyer wants to talk his way out of it is quite amusing (one would have expected a lawyer to have a better understanding of the situation).

Debate about Christian Klar: When we talk about murder - read. Really. To straighten out the perspective once.

Probation for FTPWelt operator - good if lawyer Bernhard S. gets 10 months probation and a 90,000 euro fine for the FTPWelt stunt. Even better if he now gets trouble with the bar association because of the story. But does illegal action automatically lead to exclusion? Probably not, right? Doesn't bother federal ministers either ...

Secret online searches are inadmissible - This follows, on the one hand, "from several provisions of search law in favor of the accused" (the BGH counts the right of presence and the calling of witnesses among these), which represent mandatory law and "are not at the disposal of the investigating authorities." The political response to this: Schäuble had already announced that, should the BGH deny the admissibility of online searches based on the current legal situation, corresponding adjustments to the laws would be made.

Schäuble heats up debate on online searches after BGH ruling - As the superior authority of the police, Federal Interior Minister Schäuble demanded the rapid creation of a legal basis for online searches. The Police Union demanded that the new legal regulation also eliminate the obstacles caused by data protection law. - Yes, that really gives you courage. On to the police state.

Reddit.com User Agreement - "You agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes". Web 2.0, my ass.

User data to be released for danger prevention - sounds nice, doesn't it? But in reality, it means that every police officer can now more or less arbitrarily access customer data from providers. Because prevention and danger prevention - there's no need for any control. Then it goes quickly like stepping on cats ...

General suspicion against all credit card holders - Udo Vetter on the credit card dragnet. He complains. Good.

BGH bans online searches of computer systems - interesting, how this comes at the same time as Schäuble's rant. And how this article already assumes that politics will bluntly ignore the court's opinion and simply create legal foundations.

Constitutional protector would use torture confessions - isn't it cute how the top constitutional protector tramples the protected good with his feet. And all this to protect us from a danger that has caused exactly 0 deaths in the last few years? I am sure that if we demanded a speed limit of 100 km/h on highways to reduce the number of traffic fatalities, he would also protest - after all, he can then no longer drive his Benz through the republic (I assume he has a Benz, anything less is not good enough for someone like him ...)

Getting Cute with the GPL - don't do it.

JMRI Defense: Our Story So Far - about the fight of a model railway project against a scammer.

Richter strengthen data protection for insured parties - it would be nice if this also applied to other insurances (e.g. dental supplementary insurance) ...

Judgment: T-Online may not store connection data - unfortunately only for one customer and for everyone else another lawsuit would be necessary. Such an absurd thing - the BGH finds that T-Online acts unlawfully, but simply ignores that they will continue to do so for a million (or however many) other users ... this is then called a rule of law ...

Evil big publishers, poor little translators - regardless of the facts, I find comments where the commenter repeatedly emphasizes that no one (except himself, of course) knows anything about the subject, always very strange. The gentleman from the publisher insists a bit too much on that ...

Justice Ministry sees no need for changes to "hacker tool" paragraphs - the next botched job is in the making ...

The GPL is not a compromise - a point that is missing in the current discussion about GPLv3: the GPL is a community license. It's not about the rights of the producer, the central core is the right of the user. The excitement of Linus and some others is therefore quite amusing: because Linus is a producer here. Producers have always been upset about the GPL. The question is: do users need protection against DRM? Yes, otherwise the GPL will only be waste paper in the DRM-infested future that threatens us.

In Tiny Courts of N.Y., Abuses of Law and Power - Part-time judges without adequate education (not just training, but also general knowledge). With the possibility to put others in jail. Not in some banana republic, but in New York State in the USA.

EU will hand over connection data to the USA - because data protection doesn't matter these days in Europe either.

Government wants to "close the last gaps" in computer criminal law - surely there will be plenty of gaps again, through which our freedoms will be further restricted. For example, what hacker tools are - farewell to practical helpers like nmap and co? With the "craftsmanship" quality of the Berlin bunglers (some call them government), I don't expect anything useful anyway ...

Prosecutor seizes anonymization server - what if the prosecutor was indeed aware of the function of Tor? What if this is just an attempt at intimidation? Beat around the bush?

Official pre-formulated text on the right of withdrawal is invalid - yet another example of our federal justice bungling ...

RIAA Will Drop Cases If You Point Out That An IP Address Isn't A Person - open Wi-Fi seems to have helped in a few cases as an argument.

Employment Agency: Decrees on the Net - just a little more transparency. And even that you have to fight for in court. That's how our Freedom of Information Act looks like ...

Supreme Court: Guantanamo tribunals illegal - well, it's annoying that this was only determined at the end of Dubbya's term. It would have been nice if someone - for example, from the US opposition - had sued earlier.

Judgment: Pre-checking of forum posts is unreasonable - I don't know how many contradictory judgments it will take until there is finally a consensus on this topic ...

OLG Frankfurt: Online-Demonstration ist keine Gewalt - hopefully online demonstrations will now really be treated the same way and considered according to the same criteria as real demonstrations.

US judge dismisses Masri's torture lawsuit against CIA - fuck human rights. When will there finally be sanctions against this unjust regime?

heise online - LG Düsseldorf: Forenhaftung erst ab Kenntnis des Rechtsverstoßes - great legal certainty. Now there are two contradictory rulings on the same topic.

YES, finally! me too! - how to deal with lawyer mail as well

Incitement to hatred Part III - Public Prosecutor vs. Alvar Freude - Public Prosecutor's Block Wardens still on a censorship spree.

Hamburg Regional Court: Forum operators are liable for contributions - I hope this absurd ruling is overturned as soon as possible. Nonsensical nonsense that the judges are spouting, and absolutely not in line with previous case law.

Texas Judge Orders Medication for Inmate - how perverse must a judge actually be if he first grants a mentally ill prisoner a stay of execution because of his mental illness - and then forces him to take his medication. Specifically so that he can be legally executed.

Rights holders want information from providers without a court order

At the current development in copyright law, the demand for self-justice of the music industry was simply only logical. And with the currently sick thinking in Berlin, it would not be surprising if this were granted ...

Backfire for Transparency International

In response to the demands of Transparency International, Udo Vetter from Law Blog certifies the lawyer of the association a disturbed relationship to freedom of the press and freedom of opinion. With something like this, one would almost wish for an RSS feed for a possible court hearing to take place.

Judgment: Dolzer's 'Domain Angel' may not strike

Everything is just social engagement, very clear. That's why you also register domains from others that become available and put sex images on them. And that's why you have a social tool that works like a Trojan horse and uses other people's computer resources. Clear, super social the whole thing. Fortunately, a court has now put an end to this.

Abmahnwahn is everywhere

Just because it fits, Neil Gaiman is also being warned - for a link from one website to another website. Which in itself is nonsense - after all, the entire web consists of links (and no, the target website is nothing forbidden). The particularly absurd thing: he is not the one who placed the link. He only appears in a report on the website with a picture, that's all. With a tomato. And somewhere else there is a link to the website for the cult trash "Attack of the Killer Tomatoes". And the latter rights holders are probably the cause of the warning ...

The quality of research in the context of warnings seems to be suffering outside of Germany as well.

Freedom of opinion à la Euroweb

No idea what other services Euroweb Internet GmbH uses to make money, but publicity stunts should not be one of them, as they are currently reaching new lows with their approach to dealing with unfavorable criticism. Somehow, I don't understand such companies and their lawyers. On the one hand, it is constantly being said that the internet is not a lawless space - but through the massive approach and the potentially high costs, such actions make the internet de facto exactly that lawless space. And from the political side, there are at best drafts to escalate the whole situation, instead of providing useful tools against obvious excesses such as mass cease and desist letters. Or even considering to what extent the means of cease and desist against privately operated websites make sense at all, or whether the means of cease and desist should not be focused much more strongly.