Wednesday, February 01, 2006 2/01/2006 02:21:00 PM [Home]
Days of Unmoderated Forums Nearing an End
The controversial decision (Az 324 O 721/5) of the German Regional Court (Landgericht) of Hamburg has led to a flurry of postings and commentary on the German legal scene.
The case involved a suit against the Heise-Verlag (Heise Publishers) for material published to one of its forums at Heise Online. Heise-Verlag removed the challenged material but refused to sign a cease and desist declaration under the argument that it was not obligated to control postings made to its forums.
We have not yet seen the text of the decision because the German courts are still back in the dark ages as far as digital publication of their court decisions is concerned. However, according to the information which can be gleaned from websites and commentaries cited below, if that information be true, the court seems to have decided that Heise Online is liable for the content of postings to its forums, with or without knowledge of their content.
The trend in law everywhere is toward more and not less liability for postings made to the internet.
Commentary in German at:
Kanzlei Dr. Bahr