Posted March 20, 2012
SimonG: Unfortunatly anti piracy laws have bedome so mental in some places, that copyright infringing is no longer required...
Navagon: SimonG From Germany
Enough said. Yeah, Germany seems to be leading the way with batshit insane copyright laws. If I had any more faith in humanity then I'd hope that other nations would pay attention to the feeding frenzy going on in Germany and the innocent people being torn apart in its courts and seek to avoid that at any cost.
But I'd be very wrong if I did.
The problem is, that Germany is a "innovation country". We need technical innovations to stay competetive with other nations. This has lead to very strong "IP protection/anti piracy laws (the word "piracy" is used in Germany for "copyright infringement" or "steal of ideas", you know, those Rolexx watches or Playstation Wees you can buy in China). They were meant to be used against people actually profiting from from this, (like, say Kim Dotcom) not your usual users. But, as so often, law enforcement is not as successfull as they might have hoped. There even stronger legislation was passed. This has then enabled sneaky fucky lawyers to use such laws against "so called pirates", as in "end-users", simply because the laws weren't precise enough and allowed that action. Sometime they even tryed to use legal construction that didn't even make sense on internet related actions.
That all was aided by old judges who think the internet is "magic". And because those cases usually only had a "small" cost attached to them (usually not bigger than 5.000€), nobody bothered to go to the next level of jurisdiction, if they let this matter come to the courts in the first place. I would make the guess that 95% of those cases were settled out of court for around 500€. Therefore higher courts hardly saw such cases.
Now it has finally made the rounds in the german legal community what actually is happening. Judges are no longer playing along and also lawmakers are trying to move further away from "criminalizing kids" and to go after the "big fishes", as in people actually earning money from piracy.
Funny enough, next to Sweden, we are the only country that hasn't made the "Telecommunications data retention" into a national law. Because we actually recognized the privacy of data stored on computers as constitutional right. So, while we might be to diligent in the wrong directions, we are also very diligent in the right direction when it comes to the digital age.