Surprises

by Glyn Moody


Filed Under:
betting, gambling, germany, site blocking



German Court: ISP Must Not Block Access To Foreign Sites, Even If They Are Illegal

from the makes-a-change dept

Against a background where some European courts are telling ISPs that they must block access to certain sites (in Finland and the UK, for example), this news from Germany comes as a refreshing change (original German article in Der Spiegel):

Deutsche Telekom must allow access to online betting sites, even if they are illegal in Germany. So ruled the Cologne Administrative Court on Thursday.
This follows a decision in Düsseldorf at the end of last year, where a judge had ruled that Vodafone and Telekom were not responsible for the content of Web sites, because they played no role in selecting material, and therefore should not be forced to block access. Moreover, the latest judgment can be used as a precedent in similar cases, according to the Der Spiegel report.

Of course, this reasoning also applies in those jurisdictions where ISPs have been forced to censor sites. This emphasizes the contradictory rules that are being applied across the EU, and the fact that the law in this area is by no means settled.

Follow me @glynmoody on Twitter or identi.ca, and on Google+


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    pixelpusher220 (profile), 13 Jan 2012 @ 11:30am

    Nazi stuff?

    That'd be the true test for Germany.

    They are pretty militant about not even allowing speech on that topic I'm remembering correctly.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jan 2012 @ 11:51am

    that was just decided in the "wrong" court. had they sued in hamburg, they would have probably been ordered to block retroactively to the stoneage or some similar asinine ruling. Here its only a matter which court is sued on and then which court level.

    cologne has been rather innovation friendly outside of the one chamber that gives everyone and their dog the names to an IP adress on the base of alleged infringement, regardless if its substantiated or not

    reply to this | link to this | view in chronology ]

  • identicon
    Mr. Oizo, 13 Jan 2012 @ 12:08pm

    Demonoid anyone ?

    That is inaccessible in germany due to a court order.

    reply to this | link to this | view in chronology ]

  • identicon
    anonymous, 13 Jan 2012 @ 12:41pm

    ruled this way because it's companies that are involved. if it were some lowly individual, he would have been banged up for 20 years!

    reply to this | link to this | view in chronology ]

  • icon
    mike allen (profile), 13 Jan 2012 @ 1:07pm

    All tnhis is doing my head in Germany is not known for this kind of ruling. aa those nice men in white coats at last. joke

    reply to this | link to this | view in chronology ]

  • icon
    Violated (profile), 13 Jan 2012 @ 1:38pm

    Nice

    I am not one to support gambling but I would certainly never support censorship to stop people who do.

    reply to this | link to this | view in chronology ]

  • identicon
    YPT, 14 Jan 2012 @ 3:44pm

    Two explanatory notes:

    First of all this judgement only applies in North Rhine-Westphalia. Other Courts may follow, but it's not binding for other German States.

    Secondly, the judgement is not effective and may still be subject to an appeal.

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Show Now: Takedown
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.