Cryptography
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First Norwegian verdict on hyperlinks
On 27 January 2005 the Norwegian Supreme Court ruled on old case; the existence of the website napster.no, which Norwegian internet users could use in 2001 to find music files (not more than 170 in practice) on the Napster file-sharing system. The owner of the site is found guilty of accessory copyright infringement, for having […]
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Update on Alvar Freude case
Alvar Freude, the German internet activist, was acquitted on all accounts in the appeal at the German penal State Court of Stuttgart on 15 June 2006. On his website, Freude documents many developments regarding filtering and blocking in Germany, including hyper-links to websites with radical right-wing content and a distasteful website. 4 of these sites […]
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Germany: meta search engine responsible for hyperlinks
A Berlin court has ruled on 22 February 2005 that a meta search engine has exactly the same legal responsibilities as a regular search engine to prevent users from accessing illegal content. A meta search engine doesn’t have any databases of itself that could contain possibly illegal content, but should be able to filter the […]
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New defeat for Scientology in Dutch Internet case
The Dutch Attorney-General for the Supreme Court, Verkade, has once more righted internetprovider XS4ALL and author Karin Spaink in their decade long defence against legal attacks by Scientology. In his opinion for the Supreme Court Verkade argues “Although copyright resides under Article 1 of the First Protocol of ECHR and can therefore be regarded as […]
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McLibel victory European Court of Human Rights
In an important ruling in the McLibel case, the European Court of Human Rights has defended “the public’s right to criticise massive corporations whose business practices can affect people’s lives, health and the environment.” The McLibel case dates back to 1990 when McDonald’s decided to file a libel case against 2 English people that were […]
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Jurisprudence shows shortcomings French digital economy law
The French digital economy law (Loi pour la confiance dans l’économie numérique or LEN) recently entered into force. The first 2 court cases already demonstrate noxious effects of the law. As feared by French civil rights organisations like EDRI-member IRIS, the Human Rights League and others, the LEN creates judicial insecurity for French website editors […]
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Provider Tiscali in Belgium forced to disconnect P2P-users
A Brussels court of first instance has ruled on 30 November 2004 that internet provider Tiscali should disconnect customers if they violate copyrights, and block the access for all customers to websites offering file-sharing programs. The case was instituted by the Belgian Society of Authors, Composers and Publishers (SABAM) on 24 June 2004 with an […]
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Germany attempts to censor website on censorship
The district government of Dusseldorf, Germany is bringing the anti-censorship activist Alvar Freude to court. The hearing starts tomorrow, on 7 October 2004. Freude is accused of posting hyper-links to censored websites with radical right-wing content on his website and thus helping to promote the distribution of the materials. Freude on the other hand claims […]
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Autistici wins case over railroad parody site
The Italian hostingprovider Austici does not have to remove a satirical website it hosts with a parody on the website of the Italian railroad company Trenitalia. On 14 September 2004 the court of Milan rejected a request from Trenitalia to remove the ‘offending content’ and impose a fine on the provider. The court decided that […]
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Court attacks Dutch internet anonymity
By verdict of 24 June 2004 the Appeals Court of Amsterdam in the Netherlands has to a large extent limited the freedom of internet users to express their opinion anonimously. The main issue in this principal case was whether internet provider Lycos was required to hand over the personal data of one of its subscribers […]
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Privacy-penalty for French Scientology critic
In France the owner of a website was convicted to pay a penalty of 450 Euro for publishing personal data without first registering with the Data Protection Authority, the CNIL. On 25 February the appeal-court of Lyon confirmed the earlier ruling, even though the judges decided to suspend payment of the penalty. Remarkably the website-owner, […]
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French provider wins lawsuit about website
The French provider RAS does not have to remove a website from the trade-union SUD-PTT. On 24 November a Paris court rejected the claim from 2 telemarketing companies that the website was both hurtful and defamatory. The rejection is technical; the companies should have chosen 1 single argument for their complaint. The contested remarks state […]
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