Re:German court requires Google to stop ignoring customer em...
by readerrrr on Friday September 12, 2014 @09:14AM
(#8307818)
Service providers must render the following information easily, directly and permanently
accessible for telemedia which are offered commercially, generally in return for a FEE:
2. details which permit rapid electronic contact and direct communication with them, including the electronic mail address
( fee is emphasized by me )
I would argue that free services do not fall under this rule.
Re:German court requires Google to stop ignoring customer em...
by rbehrends on Friday September 12, 2014 @10:23AM
(#8308150)
Sorry, but both the case law and the legislative intent are pretty clear on that. Even free services fall under this rule if the type of service is generally provided for a fee, even if the specific service is free. The section is a fairly direct implementation of article 5 of EU Directive 2000/31/EC.
Re:German court requires Google to stop ignoring customer em...
by readerrrr on Friday September 12, 2014 @11:15AM
(#8308449)
EU directive is much clearer on the subject.
(c) the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner;
Replying with an automated answer saying that actual human response is not an option, is certainly not direct and effective.
Re:German court requires Google to stop ignoring customer em...
by hjlklhj on Friday September 12, 2014 @09:47AM
(#8307957)
> commercially, GENERALLY in return for a fee
(generally is emphasized by me)
The argument can be made that showing someone ads in return for services is offering things commercially. C.f. free tv channels with ad-breaks.
(2) This is a requirement for anybody who offers services that are generally provided for a fee, even if in this particular instance it is offered for free (e.g. because it is financed through advertising or a freemium model). See §5 of the German Telemedia Act [1].
[1] http://www.cgerli.org/fileadmin/user_upload/interne_Dokument...