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Re:Court: Cloudflare Is Liable for Pirate Site, but Not as a... by immibis on Tuesday November 28, 2023 @07:59AM (#38445202)
Telemediengesetz section 8 (translated):

> (1) Service providers are not responsible for third-party information that they transmit in a communication network or to which they provide access for use, provided that they

> 1. do not initiate the transmission,

> 2. do not select the addressee of the transmitted information and

> 3. have not selected or modified the information submitted.

However, we all know that the law doesn't matter if the state doesn't like you. You have to follow the law; they don't.

Re:Court: Cloudflare Is Liable for Pirate Site, but Not as a... by wewxjfq on Tuesday November 28, 2023 @09:28AM (#38446047)
This did apply, otherwise they would have been immediately liable. They only faced liability for not complying with an injunction. The relevant law is §7 paragraph 3 and 4.
Re:Court: Cloudflare Is Liable for Pirate Site, but Not as a... by g1a55er on Tuesday November 28, 2023 @10:16AM (#38446583)
Honest question as an American who speaks English as a first language and is studying German as a second:

Section 8 paragraph 1 seems to clearly not require a service provider to block access in order to prevent copyright infringement if they meet its requirements. I understand that section 7 paragraph 3 leaves in place blocking remedies specified elsewhere in other laws. However, for the specific case of copyright infringement, this is clearly the narrowest most specific rule for blocking due to copyright infringement, and at least in American law that generally means it is the one that takes precedence for the infringement blocking case.

Also I read Section 7 paragraph 4 to just mean that public WiFi hotspots can be mandated to block infringing content if no other means is available.

Am I reading this wrong? I’m struggling because I’m not sure if my understanding of the German language or German law is wrong here.