Tue, May. 08, 2007

Hamburg Trips Forum

CK - Washington.   As it has done before, the Hamburg district court showed its disdain for free expression on the Internet on April 27, 2007. The new decision in the matter 324 O 600/06 goes further than its prior rulings and calls comments published in an Internet forum the forum owner's own expressions. The court had previously moved in the direction of attributing such comments to the owner as a matter of vicarious liability. Various legal commenters doubt that the new holding is compatible with the view of the supreme court in Karlsruhe which tends to be well educated and reasoned in technology matters. That court tends toward great deference to the statutory immunity afforded ISPs. Other lower courts approach forum comments with similar deference.


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