Hi Pascal, since a german judge/court does not have any power about things that happen outside germany, I would simply do nothing - not even acknowledge that you are the right or wrong person to speak to.
I would myself check what's the material they're complaining about to make sure that it is not childporn or something like that. If it is porn and you feel it is copyrighted, you should consider to send a note to your customer, tell them you have a request from germany to provide his/her address and ask him/her to remove it. If you can't follow the idea that it is copyrighted, just notify your customer that there is trouble ahead. I would recommend tho prefer a phonecall and not a letter or email ;-) If it is also against swiss law and you are not forced by swiss law to notify swiss officials, I would demand to remove the content if that is covered by your contract with your customer. in short words: give no help to foreign officials and get yourself out of the frontline ;-) br Ralph ----- Ursprüngliche Mail ----- > > > Hallo SWINOGer > > > > I hope, you’re enjoying already the holidays somewhere around. > > > > We’re having here a little difficulties with a german lawyer. We’re offering > shared hosting services. One of our customers is sharing links to > uploaded.net, which contains music, which might be copyright protected. > > > > The german law agency is now requesting the data of the owner which – > apparently – we cannot provide due to restrictions of the data protection > law of Switzerland. They’re supplying us this judgement: > http://www.justiz.nrw.de/nrwe/olgs/koeln/j2011/6_U_87_10urteil20110325.html > . > > > > Question to the community: > > 1. What are you doing in such situations? (Yes, appart from contact your > lawyer ;-) ). > > 2. Did you have similar issues and how did you handle them? > > > > I wish you merry Christmas and a happy new year. > > > > kind regards > > > > Pascal Wagenhofer > > Technical Services > > > > Q-X GmbH > > Schmittestrasse 5 > > Postfach 61 > > CH-8308 Illnau / Switzerland > > > > Phone 0840 11 11 10 (International +41 840 11 11 10) (Lokaltarif) > > Fax 0840 22 22 20 (International +41 840 22 22 20) (Lokaltarif) > > www.Q-X.ch > > > > > _______________________________________________ > swinog mailing list > swinog@lists.swinog.ch > http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog > _______________________________________________ swinog mailing list swinog@lists.swinog.ch http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog
