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Re:Domain Registrar Can Be Held Liable for Pirate Site, Germ... by monocasa on Monday December 24, 2018 @12:11PM (#18753034)
The German courts still try to be internally consistent, they just don't feel as held to that standard as common law systems do. Precedent can still make or break a case under the right circumstances.
Re:Domain Registrar Can Be Held Liable for Pirate Site, Germ... by stordoff on Monday December 24, 2018 @03:40PM (#18754160)
Interestingly, that's basically the same decision the English House of Lords (now Supreme Court) came to in 1966. While they tend to respect precedent, they aren't bound to it (though only in that Court):

> too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. [The Lords] propose therefore, to modify their present practice and, while treating former decisions of this house as normally binding, to depart from a previous decision when it appears right to do so.

https://en.wikipedia.org/wiki/Practice_Statement