Yes, I know what you mean.
The sad laws concerning cease and desist orders, that are unique to germany.
Where, as a lawyer you can just go and tell a webpage owner that he has violated this and this law and demand he sign a cease and desist order and he then, aside from signing it also has to pay your honorary for writing the letter and order (which, depending on the jurisdictional amount [which is something that you as the lawyer can set as high as you like] can be several thousand Euros).
It is truely sad that in germany as a webpage owner you can get bankrupt just because you posted a picture of a cake from "Marions Kochbuch", mentioned a false word, like for example "Ballermann Party" or even because you just forgot to give a telephone number in the "Contact"-Link of your business webpage.
(Or he can just fight the case, but this is difficult with courts like the Landgericht Hamburg, which is infamous for deciding in favor of the originators of such cease and desist orders [and it is the originator of the cease and desist order, who decides on which court the case is fought])
And yes, I agree, that this can well be used for censorship, after all this has been well shown for Callactive vs. Niggemeyer, where a german Quiz-TV used it in an attempt to silence a webpage that makes very critical statements about quiz programmes.
In all this of course the german government is more a willing accomplice than a direct actor, in its unwillingness to change the law considerably to make it fit to international standards (well, at least a small change has been introduced, so that the maximum honorary a lawyer can demand from private webpage owners for sending them a cease and desist order is "just" several 100 Euros instead of being able to demand several 1000 like it was before [he can still demand several 1000 Euros from commercial webpage owners however]).
The sad laws concerning cease and desist orders, that are unique to germany.
Where, as a lawyer you can just go and tell a webpage owner that he has violated this and this law and demand he sign a cease and desist order and he then, aside from signing it also has to pay your honorary for writing the letter and order (which, depending on the jurisdictional amount [which is something that you as the lawyer can set as high as you like] can be several thousand Euros).
It is truely sad that in germany as a webpage owner you can get bankrupt just because you posted a picture of a cake from "Marions Kochbuch", mentioned a false word, like for example "Ballermann Party" or even because you just forgot to give a telephone number in the "Contact"-Link of your business webpage.
(Or he can just fight the case, but this is difficult with courts like the Landgericht Hamburg, which is infamous for deciding in favor of the originators of such cease and desist orders [and it is the originator of the cease and desist order, who decides on which court the case is fought])
And yes, I agree, that this can well be used for censorship, after all this has been well shown for Callactive vs. Niggemeyer, where a german Quiz-TV used it in an attempt to silence a webpage that makes very critical statements about quiz programmes.
In all this of course the german government is more a willing accomplice than a direct actor, in its unwillingness to change the law considerably to make it fit to international standards (well, at least a small change has been introduced, so that the maximum honorary a lawyer can demand from private webpage owners for sending them a cease and desist order is "just" several 100 Euros instead of being able to demand several 1000 like it was before [he can still demand several 1000 Euros from commercial webpage owners however]).
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