[pp.int.general] Companies that trap and sue P2P users in Germany

[Jens Seipenbusch]

Hi,

the problem is still developing, even at the court level.

Am 20.03.2012 00:55, schrieb Jonas Pöhler:
> Yes in Germany there is a law called "Störerhaftung". The owner of the
> line must take security measures to ensure nobody can do something
> without him knowing.
> 

Even with the latest decisions (from federal supreme court and others)
in germany, you are not automatically the offender, if your IP address
'has done something wrong', BUT: you are made responsible as to the
fact, that you must kinda proof, that you didnt do it yourself. AND as a
private person(!), you have to apply the available common security
measures to prevent foreign anonymous use of your internet access.

For commercial use like open WLAN in a cafe, there is still no final
decision (afaik), in case you dont record the activities of your users
at all. On the contrary: If you DO trace or record or otherwise regulate
your open internet access point, then you are responsible as a
commercial acting person, too.

Latest ruling (24.02.2012) from the federal constitutional court
declares dynamic IP-adresses clearly as personal data. It is expected
that the disclosure of such addresses will need a judges ruling in
criminal cases in the future, too. (this is currently only the fact in
civil cases)

Also interesting on behalf of mass abuse of warning letters is the
current initiative of the german minister of justice. She is working on
a new law to really (this time, really ;-)) bring the cost of the first
warning letter below 100 euro.


> Am 10.03.2012 01:50, schrieb Maxime Rouquet:
>> On 03/09/2012 10:49 PM, Markus Drenger wrote:

>> Funny point is that detecting an IP address is no evidence that the
>> owner of the related Internet access did not secure his connection.
>> Presumption of innocence asking for the complainant to bring such
>> evidence, HADOPI is in the same dead end than the previous laws.
>>
>> Has a German court ever ruled a case based on such recordings ?

Beste Grüße,
Jens
--
Jens Seipenbusch
german pirate party