Tue, Feb. 14, 2006

Forceful Nonviolence

.   The click on a mouse means the user exerts force. That force may be as powerful as the pulling of a trigger on a gun, the court finds in the Lufthansa online demonstration matter that was discussed here in July and February of 2005.

The mepHisto-bLAWg has had a chance to analyze the grounds for the decision. The court convicted the organizer of the demonstration of instigating others to criminal duress under §240 of the Criminal Code, Strafgesetzbuch. In order to prevent third parties from accessing the website marketing the Lufthansa services, the organizer called upon others to commit a blockade by means of internet techniques which, in turn, was held to constitute was criminal duress. The instigation is punished under §111 of the code.

The decision by the Frankfurt court, docket number 991 Ds 6100 Js 226314/01, of July 1, 2005, is currently on appeal and the mepHisto blogger has some ideas for it.


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