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Important to say that Hamburg's district court regularly hands out insane judgements that show that judges understand barely anything about the technology invol

Important to say that Hamburg's district court regularly hands out insane judgements that show that judges understand barely anything about the technology involved and will follow whatever trail the larger business interest will lead them on. Fortunately, they can (and do) get overruled, but it'll take more time and money. We really need some form of process to retire judges that clearly haven't kept up with the times and still think in terms of 'series of tubes'. It can't be the only solution to promote them to a different court and hope they'll do less damage.

crest 4y ago
They know how keep their court busy by handing out favourable judgments. Fuck "Fliegender Gerichtsstand".
kristopolous 4y ago
Even the "series of tubes" thing can easily explain this. Should the water company be liable if say, some serial killer uses their tubes to drown his victims? Should the electricity provider be liable for powering the computers that ran the servers? These aren't new legal questions or anything - pretty common to come across them in law school. Ianal but I've taken some basic classes and even I've seen them! The rulings, instead, are a consequence of the personal interest and personal ideology of the jurist. We need to collectively create something better then the assumed good faith enlightened monarchies that we call the court systems. The results they produce seem to have chronic problems
- nnx 4y ago
  Agree on your examples about judging liable a water company or electricity company for helping criminals… And yet that slippery slope has been totally taken for granted in recent decades for banking and finance…
  - Retric 4y ago
    That argument only stands up until the law is actually changed to make companies specifically liable. Which is what happened in banking and finance.
michaelsshaw 4y ago
>We really need some form of process to retire judges that clearly haven't kept up with the times and still think in terms of 'series of tubes'. It can't be the only solution to promote them to a different court and hope they'll do less damage. Unfortunately it's a very thin line trying to do that the "right" way and having it look like a complete authoritarian purge
aboringusername 4y ago
I'd go about it an alternative way rather than going after the judges: design a network resistant to censorship in the first place. If content can be taken down this easily then society has a problem. Instead, just make a network where you can't just pull out a plug, or click a button to erase information just because somebody somewhere is upset. But the typical web is just built for mass consumption and is easily manipulated.
- bharathyes 4y ago
  some already exists but adoption rate is slow for few reasons like not needed for most people or the type of content they host, the crawbacks compared to off-the-shelf hostings when you don't need a censor proof solution, no standard or stable solution ( multiple new products keeps proping up). The technology alone will never be enough or widely available if the judicial or legislature keep attacking and restricting their use.
- account42 4y ago
  Unless you get the majority of the population to rely on your network somehow then the government can simply end up outlawing all methods to access that network.
bauruine 4y ago
Yeah it's the same court that recently ordered Quad9 to block the DNS resolution of certain domains https://en.m.wikipedia.org/wiki/Quad9#Sony_Music_injunction https://en.m.wikipedia.org/wiki/Quad9#Sony_Music_injunction
schlowmo 4y ago
The district court of Hamburg is so notorious that when I read "a German court ruled in favour of $some_type_of_copyright holder" I instantly assume that it was Hamburg.
account42 4y ago
Retire them? If the only consequences for this kind of shit ends up early retirement then this is just asking the next regional judge to take over the business.

crest 4y ago

They know how keep their court busy by handing out favourable judgments. Fuck "Fliegender Gerichtsstand".

kristopolous 4y ago

Even the "series of tubes" thing can easily explain this. Should the water company be liable if say, some serial killer uses their tubes to drown his victims? Should the electricity provider be liable for powering the computers that ran the servers? These aren't new legal questions or anything - pretty common to come across them in law school. Ianal but I've taken some basic classes and even I've seen them! The rulings, instead, are a consequence of the personal interest and personal ideology of the jurist. We need to collectively create something better then the assumed good faith enlightened monarchies that we call the court systems. The results they produce seem to have chronic problems

nnx 4y ago
Agree on your examples about judging liable a water company or electricity company for helping criminals… And yet that slippery slope has been totally taken for granted in recent decades for banking and finance…
- Retric 4y ago
  That argument only stands up until the law is actually changed to make companies specifically liable. Which is what happened in banking and finance.

michaelsshaw 4y ago

>We really need some form of process to retire judges that clearly haven't kept up with the times and still think in terms of 'series of tubes'. It can't be the only solution to promote them to a different court and hope they'll do less damage. Unfortunately it's a very thin line trying to do that the "right" way and having it look like a complete authoritarian purge

aboringusername 4y ago

I'd go about it an alternative way rather than going after the judges: design a network resistant to censorship in the first place. If content can be taken down this easily then society has a problem. Instead, just make a network where you can't just pull out a plug, or click a button to erase information just because somebody somewhere is upset. But the typical web is just built for mass consumption and is easily manipulated.

bharathyes 4y ago
some already exists but adoption rate is slow for few reasons like not needed for most people or the type of content they host, the crawbacks compared to off-the-shelf hostings when you don't need a censor proof solution, no standard or stable solution ( multiple new products keeps proping up). The technology alone will never be enough or widely available if the judicial or legislature keep attacking and restricting their use.
account42 4y ago
Unless you get the majority of the population to rely on your network somehow then the government can simply end up outlawing all methods to access that network.

bauruine 4y ago

Yeah it's the same court that recently ordered Quad9 to block the DNS resolution of certain domains https://en.m.wikipedia.org/wiki/Quad9#Sony_Music_injunction https://en.m.wikipedia.org/wiki/Quad9#Sony_Music_injunction

schlowmo 4y ago

The district court of Hamburg is so notorious that when I read "a German court ruled in favour of $some_type_of_copyright holder" I instantly assume that it was Hamburg.

account42 4y ago

Retire them? If the only consequences for this kind of shit ends up early retirement then this is just asking the next regional judge to take over the business.