[1945008lacoalitionaupouvoirde] Germany has decided to abolish the responsibility for infringements of copyright users and other behaviors when using an open wi-fi access point. This strange and anachronistic responsibility seriously hampered the organic net growth in Germany, and has recently been challenged at European level. It is anticipated that the revised law will take effect this fall.
Germany has long been an exception to the wholesome laws regarding wireless open, as the gateway operators are legally responsible for what their users are doing through a point open access. Indeed, it prevented the silver-bullet Wireless open defense for people sharing culture and knowledge of their homes, but it also prevented strong growth of chance, the organic connectivity startup entrepreneurs (who, coincidentally, is something that traditional industries do not want to happen)
the law of responsibility has recently been challenged by the German Pirate Party activist Tobias McFadden, who -. in a limited scenario - challenged the responsibility and has taken to the European Court of Justice. He was operating a commercial establishment providing wi-fi free and open for its customers, and argued that this gave him messenger immunity under the e-commerce directive of the EU. Very surprising for the copyright industry, and embarrassing for Germany, the adviser to the European Court of Justice agreed with the interpretation of activist hackers law.
This seems to have triggered a frantic activity to remove this annoyance to Germany, and just today, it was reported that the ruling coalition has agreed to the access point to the responsibility of anachronistic - the Störerhaftung - for good. It is anticipated that the revised law will take effect later this year, which is very fast processing, especially for Germany
This mechanism of accountability is something that was against two millennia legal tradition :. messenger immunity (non-liability to a message carried on behalf of someone else) has roots all the way back to the Roman Empire, and perhaps even earlier. This had been an attack vector for the copyright industry to prevent future forward, and as usual, if that crushes two millennia of established legal rights and tradition, they would not care .
which held until the case was intensified at EU level, where this complacency copyright industry has become a German embarrassment. So finally, Germany is brought in the future when the rest of Europe is -. Many thanks to the play of individual activists legs
It should be noted, though lawmakers from Germany probably does not realize it yet, that the elimination of the Störerhaftung allows use of defense open wireless in Germany, according to a decision of the Supreme Court of Denmark (which will affect Germany, the court ruled on the EU directives). Germany is still ripe with the practice of the shadow speculative invoicing - sending legal threats to people with torrent "offer they can not refuse" - and this change in law will be very probably end this shady practice, too, once a few people realize that they now have the means to fight.
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