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> At least here in Germany, courts have repeatedly ruled that social media platforms have to tolerate users saying what is legally permissible. Twitter isn't

> At least here in Germany, courts have repeatedly ruled that social media platforms have to tolerate users saying what is legally permissible. Twitter isn't in Germany and unless there's a nexus that brings Twitter to Germany then Germany's laws are not in play for Twitter. Sorry.

mpweiher 7y ago
Generally, if you offer your services in a country, you have to abide by the laws of that country.
- wahern 7y ago
  Then almost all European and American websites could be violating the laws of China, North Korea, etc. As a practical matter, a company is only subject to the legal jurisdiction of a country to the extent they have a physical (employees, buildings) or financial (assets, transactions) presence. Otherwise, there's no way for a country to effect its laws other than by blocking access to the website domestically.
germanier 7y ago
They still have a few employees in their German office in Hamburg. They operate a service targeted at German users and at least Twitter Ireland (which is the operator of the website for European users) is within full reach of the German legal system. Of course they can also absorb any money flowing from German customers in case Twitter would refuse to honor legal verdicts. > unless there's a nexus that brings Twitter to Germany then Germany's laws are not in play Keep in mind that anything you know about the US concept of "nexus" does not necessarily translate well into other country's laws and their idea of what laws should apply to which entity. As the article shows, German do apply laws to Twitter. The only problem would be enforcing such laws in practice but this is a non-issue in Twitter's case given enough will of the people involved. As shown above they have enough assets in reach.
- bifrost 7y ago
  If they have offices and employees in Hamburg, they're probably boned then. > They operate a service targeted at German users Thats been proven irrelevant in most courts. You have to have a legal nexus for the law to apply, and simply offering something that $COUNTRY wants doesn't matter.

mpweiher 7y ago

Generally, if you offer your services in a country, you have to abide by the laws of that country.

wahern 7y ago
Then almost all European and American websites could be violating the laws of China, North Korea, etc. As a practical matter, a company is only subject to the legal jurisdiction of a country to the extent they have a physical (employees, buildings) or financial (assets, transactions) presence. Otherwise, there's no way for a country to effect its laws other than by blocking access to the website domestically.

germanier 7y ago

They still have a few employees in their German office in Hamburg. They operate a service targeted at German users and at least Twitter Ireland (which is the operator of the website for European users) is within full reach of the German legal system. Of course they can also absorb any money flowing from German customers in case Twitter would refuse to honor legal verdicts. > unless there's a nexus that brings Twitter to Germany then Germany's laws are not in play Keep in mind that anything you know about the US concept of "nexus" does not necessarily translate well into other country's laws and their idea of what laws should apply to which entity. As the article shows, German do apply laws to Twitter. The only problem would be enforcing such laws in practice but this is a non-issue in Twitter's case given enough will of the people involved. As shown above they have enough assets in reach.

bifrost 7y ago
If they have offices and employees in Hamburg, they're probably boned then. > They operate a service targeted at German users Thats been proven irrelevant in most courts. You have to have a legal nexus for the law to apply, and simply offering something that $COUNTRY wants doesn't matter.