Yes, I absolutely agree with you there. Copyright across international borders is really complex but the only important factor can't be the country of origin. (This would obviously create copyright paradises and is generally unpractical)

If you publish a German book on a site with parts of it written in German either you will get problems with German copyright or the person downloading the content. Both solutions are problematic but only the former can be effective so this is what courts will decide in those cases. BTW I'm currently studying law in Germany and this is a lower local court and there will be a new trial at the Oberlandesgericht. Because of the importance of the case it would also be quite possible that a federal court will take a look at it in the end, so this is far from over.