Its about the same content I believe. But very questionable legal
wording from the judge.
And I found it very questionable to involve all ISP's into the case as
part of the order without hearing them and without giving them the
right to oppose.
This means we MUST SPEAK or we have silently accepted.
I'll have a scan online tomorrow for those who want to read it fully
and have not got it themselves.
On 16.02.2009, at 17:01, Viktor Steinmann wrote:
Same same, but different...?
http://www.mail-archive.com/[email protected]/msg00847.html
Kind regards,
Viktor
Andreas Fink wrote:
Hello Collegues,
Today I got a document sent to us because we are listed as ISP. You
probably have all received it as well.
Its a case of a Party A against "unknown" who has said something
wrong/bad about Party A. (Ehrverletzung/Verleumdung etc.)
While I can understand that Party A tries to get their right to get
things wrong written about them is being changed to correct, the
ISP's of Switzerland are now out of a sudden involved in this as
they are "in charge of blocking" the corresponding site.
Also what upset's me most is the sentence that this is the status
of a "Verfügung" from a "Untersuchungsrichter" and there is no
legal way to oppose ("gegen die vorliegende Verügung keine
Rechtsmittel möglich sind"). This might be true for the immediately
accused as they had their chance to answer but for us "other 3rd
party" ISP's it can not hold true as we have never heard of this
case ever before and we have not been involved in this case before.
I would suggest the ISP community of Switzerland stands up united
against such ridiculous practice of judges who have no clue how the
internet works:
I see two possible ways
a) All ISP's send an INvoice to the Party A for the installment of
the filters. They have caused this work so they are liable for the
cost. Its not our fault.
b) all ISP's object in written to the decision of being in this
case and oppose.
or both.
What are your oppinions?
Andreas Fink
Fink Consulting GmbH
Global Networks Schweiz AG
BebbiCell AG
IceCell ehf
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Address: Clarastrasse 3, 4058 Basel, Switzerland
E-Mail: [email protected] <mailto:[email protected]>
www.finkconsulting.com <http://www.finkconsulting.com> www.global-networks.ch
www.bebbicell.ch
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http://a-fink.blogspot.com/ A developers view about iPhone SDK
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Andreas Fink
Fink Consulting GmbH
Global Networks Schweiz AG
BebbiCell AG
IceCell ehf
---------------------------------------------------------------
Tel: +41-61-6666330 Fax: +41-61-6666331 Mobile: +41-79-2457333
Address: Clarastrasse 3, 4058 Basel, Switzerland
E-Mail: [email protected]
www.finkconsulting.com www.global-networks.ch www.bebbicell.ch
---------------------------------------------------------------
ICQ: 8239353 MSN: [email protected] AIM: smsrelay Skype: andreasfink
Yahoo: finkconsulting SMS: +41792457333
http://a-fink.blogspot.com/ A developers view about iPhone SDK
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