Previously, this claim was rejected by a lower-level court in Hamburg, but a new ruling by the BGH found the earlier dismissal flawed and overturned part of the appeal, sending the case back for examination.
To me it sounds like there was some formal mishap and that the case is back to square one, from where it is likely to be rejected again. I don’t see evidence of any crazy judge this time :)
No. This special Hamburg court is known to be very corp friendly. That’s why all the corps who have trouble with freedom on the internet go there to try and abuse the law.
In their grounds for the judgement, they have once again displayed an utterly insane understanding (or lack thereof) of computer technology, as typical for people employed in the German legal sector.
I wouldn’t trust them any further than I could throw a barrel of paint. (before the judges drank it)
It’s always been this way. If you have the impression that Europe protects the little guy against those evil tech bros… Well, think about who would have told you that and consider that this is a media empire suing a tech firm.
You can see on Lemmy how it goes. The copyright industry always wants more far-reaching and harsher laws; currently to “protect the poor journalists” from AI. In the US, the constitution and free speech culture with its fair use mandate keeps that in check. Europe proudly doesn’t have that.
Note how Germans here blame judges for applying existing copyright law as intended instead of demanding better laws.
The author has the right to prohibit the distortion or any other derogatory treatment of his or her work which is capable of prejudicing the author’s legitimate intellectual or personal interests in the work.
(This is just to illustrate what the law is like. The media is making a different argument.)
What the fuck is going on with European politicians right now?
This time, it’s judges, not politicians.
Not that this makes it any better, though. German judges tend to be a very special kind of crazy.
To me it sounds like there was some formal mishap and that the case is back to square one, from where it is likely to be rejected again. I don’t see evidence of any crazy judge this time :)
No. This special Hamburg court is known to be very corp friendly. That’s why all the corps who have trouble with freedom on the internet go there to try and abuse the law.
In their grounds for the judgement, they have once again displayed an utterly insane understanding (or lack thereof) of computer technology, as typical for people employed in the German legal sector.
I wouldn’t trust them any further than I could throw a barrel of paint. (before the judges drank it)
It’s always been this way. If you have the impression that Europe protects the little guy against those evil tech bros… Well, think about who would have told you that and consider that this is a media empire suing a tech firm.
You can see on Lemmy how it goes. The copyright industry always wants more far-reaching and harsher laws; currently to “protect the poor journalists” from AI. In the US, the constitution and free speech culture with its fair use mandate keeps that in check. Europe proudly doesn’t have that.
Note how Germans here blame judges for applying existing copyright law as intended instead of demanding better laws.
Here’s Section 14 from German copyright law:
(This is just to illustrate what the law is like. The media is making a different argument.)