The German Acton Improving Law Enforcement on Social NEtworks (NetzDG): A Blunt Sword?

E-print/Working paper (2018)

Internetdelikte und die Herausforderungen des Forum Shoppings

E-print/Working paper (2017)

Internetrecht

Article for general public (2017)

Länderbericht Deutschland

in Cole, Mark; Ory, Stephan (Eds.) Fotografien in der Großregion (2016)

The Struggle in Online Copyright Enforcement - Problems and Prospects

Book published by Nomos with Hart Publishing (2015)

How are copyright infringements on the Internet responded to? This study outlines the international, European as well as national legal frameworks with a particular focus on the law of the EU Member ... [more ▼]

How are copyright infringements on the Internet responded to? This study outlines the international, European as well as national legal frameworks with a particular focus on the law of the EU Member States France, the UK and Germany. As regards the analysis of national law, the study differentiates between enforcement mechanism against end-users directly and mechanisms that are directed against infringing materials as such. The study highlights that copyright enforcement on the Internet is a struggle to find the right target and an effective, yet proportionate enforcement mechanism. In addition to the outline and analysis of national approaches in terms of compatibility with fundamental rights and European law, a focus is set on questions of digital evidence and technological feasibility/efficiency of individual enforcement mechanisms. [less ▲]

Facebook’s Real Name Policy: Bye-Bye, Max Mustermann?

in Journal of Intellectual Property, Information Technology and Electronic Commerce Law (2013), 4(3), 190-204

Facebook requires all members to use their real names and email addresses when joining the social network. Not only does the policy seem to be difficult to enforce (as the prevalence of accounts with ... [more ▼]

Facebook requires all members to use their real names and email addresses when joining the social network. Not only does the policy seem to be difficult to enforce (as the prevalence of accounts with people’s pets or fake names suggests), but it may also interfere with European (and, in particular, German) data protection laws. A German Data Protection Commissioner recently took action and ordered that Facebook permit pseudonymous accounts as its current anti-pseudonymous policy violates § 13 VI of the German Telemedia Act. This provision requires telemedia providers to allow for an anonymous or pseudonymous use of services insofar as this is reasonable and technically feasible. Irrespective of whether the pseudonymous use of Facebook is reasonable, the case can be narrowed down to one single question: Does German data protection law apply to Facebook? In that respect, this paper analyses the current Facebook dispute, in particular in relation to who controls the processing of personal data of Facebook users in Germany. It also briefly discusses whether a real name policy really presents a fix for anti-normative and anti-social behaviour on the Internet. [less ▲]

HADOPI und DIGITAL ECONOMY ACT 2010: Zum Scheitern verurteilt?

in Taeger, Jürgen (Ed.) Law as a Service (LaaS) - Recht im Internet- und Cloud-Zeitalter (2013)

Protection of the Content of a 'Wiki' Database under the European Database Directive

E-print/Working paper (2012)

Die Verfolgung von Urheberrechtsverletzungen im Internet — Neues vom EuGH

in Taeger, Jürgen (Ed.) IT und Internet - mit Recht gestalten (2012)

ONLINE ARCHIVES: Finding a Common Ground in the Quicksand of Online Defamation Developments

in European Journal of Law and Technology (2012), 3(1),

Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places ... [more ▼]

Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places and times. As the world cyber-shrinks, the ways in which governments and courts attempt to control the information on the web has become diverse and contradictory. Issues of national interest and international jurisdiction have stretched across all aspects of the web. We must find a more cooperative, coherent and consistent international policy, one which fosters the free flow of information, while protecting personality rights. The controversy is not limited to the present, but affects the way the Internet records and preserves history. As newspapers bring massive archives online, they are faced with defamation laws which may hinder the free flow of information or inadequately protect personality rights. What is protected speech in one country may be defamation judged from another country in a future time. This paper explores the traditional liability regimes concerning paper archives and how these laws are applied to online archives available on the web. The paper explores how national courts are attempting to mold traditional theories of liability to fit the new Internet-based reality of publishing and archive maintenance. The paper explores the recent case in Germany, which extends national jurisdiction into the New York Times archives in New York City, as well as cases specifically dealing with online defamation standards. We also review the enforcement of defamation judgments from foreign jurisdictions in the US, where many of the media outlets involved in the litigation are headquartered. The paper then outlines recent developments to “combat” libel tourism in the US, in particular, statutes which would extend jurisdiction to foreign nationals who have not availed themselves of American jurisdiction. These laws seek to extend the First Amendment far beyond American borders. These developments are in many ways, spiraling out of control, escalating away from a common path for resolution of the competing interests of society and personality. While a common solution might be warranted, such will be difficult given the competing priorities in the varied jurisdictions. The paper also reviews the potential solutions for standards that will satisfy these priorities. [less ▲]