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Official press announcement of judgment (German): https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2021/2021149.html https://www.bundesgerichts
by FeepingCreature 5y ago
Official press announcement of judgment (German): https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2021/2021149.html https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilung...
Core point: Terms and Conditions must be balanced against the rights of the user per the "good faith" principle, especially when there is a conflict with the basic right of free speech.
I think the specific way in which the court has tried to enforce this is maybe a bit toothless, but to me the important aspect isn't the judgment itself but what its reasoning implies: that the terms of agreement with Facebook do conflict with freedom of speech meaningfully, at least in Germany, and while the terms do win out, they don't do so unconditionally but have to remain proportional and account for the interests of the user in good faith.