germanier

14 ms·

91.
by germanier 5y ago
On the other hand, there are numerous cases where Facebook has been compelled by German courts to restore posts they have deleted under their content policy to protect the user's free speech rights. Something like that is unthinkable i
92.
by germanier 5y ago
The law in question only concerns itself with publishing. It has accounted for the case you mention: It is explicitly allowed to publish photos that include people which have wandered into frame by chance and the main focus is some locality
93.
by germanier 5y ago
I'm not taking a stance, I just try to represent the argument fairly - whether one actually agrees is another thing. Misrepresenting arguments as the PGLAF does is lazy. According to German legal rules you always have to take an overal
94.
by germanier 5y ago
In the other hand, the standard for enforcing civil judgements is much lower.
95.
by germanier 5y ago
> Even worse, they only blocked people from Germany that didn't know how to use a VPN. German courts really don't get how the internet works. German courts are aware of the existence of means to circumvent such a block but don&
96.
by germanier 5y ago
That's only half the story. The court based it on the following facts: * The website was accessible from Germany * The website was partly translated into German * The website offered German-language content * The explicitly offered wor
97.
by germanier 5y ago
That's the biased interpretation of the PGLAF. Framing the whole thing as "unambiguous", "managed to find a German Court" and "some precedents" is disingenuous. There is a reason they don't refer to a
98.
by germanier 5y ago
Which international treaties were ignored by German courts in these cases?
99.
by germanier 5y ago
Many modern smartphones function as a reader (by installing the AusweisApp2) for many years now, see https://www.ausweisapp.bund.de/mobile-geraete/ for the compatibility list. No need to buy any additional hardware bey
100.
by germanier 5y ago
Each municipality is free to choose their own solution to the legal requirements (which includes a standardized API). For the moment, there are eight different software solutions on the market (developed by both public and private entities)
101.
by germanier 5y ago
There is no central database, even after the changes of 2015. It is still hosted by each individual municipality (which is exactly what your link states). However, there here is a standard API which allows some entities to query all those d
102.
by germanier 5y ago
In Germany we draw the line on what type of information the person in question makes public by their own choice. Do you invite tabloids for a home story and let them take pictures? Then other pictures of your home can be published. If you o
103.
by germanier 5y ago
The shape itself is not copyrighted (in the US), only the representation in code is. It's the same concept with pronunciations: the pronunciation itself is not copyrighted, a specific recording of someone saying a word is.
104.
by germanier 5y ago
> whether a German who neglects to sign up for a new sickness fund after changing jobs Just for the record: There is nothing you have to do when switching jobs in Germany - you just keep your previous health fund. There is a very small a
105.
by germanier 5y ago
Not sure what point you are trying to make. It's not a "private company" (not even a closely regulated one) in any sense of the word "private" no matter where in the world that word it is used. Health care might be
106.
by germanier 5y ago
The current plan is to get rid of that piece of paper by the same time next year.
107.
by germanier 5y ago
Statutory health insurances are Körperschaften des öffentlichen Rechts, which (as the name implies) are public institutions and very much not private companies. They have the right to bear seals, can issue titles to collect missing payments
108.
by germanier 5y ago
Having the possibility to pay for a doctor on your own or there being multiple actors does not stop having a "national healthcare system" which the GKV-system can fairly be recognized as given how much formalized and standardized
109.
by germanier 5y ago
German government IT is far removed from being a monolithic entity. There are a lot of different actors involved with different priorities. In this case law enforcement can simply request the data (as long as such a request is legal) at eit
110.
by germanier 5y ago
Unfortunately, at the moment even code access for other public institutions is buried behind many layers of bureaucracy but I have been promised they will start to open up soon enough.
111.
by germanier 5y ago
A shift to open source is sanctioned from the very top. For example, in the area of OZG (broad digital access to public services, coming soon) the explicit decision is (my translation): > Open standards must be used in the implementatio
112.
by germanier 5y ago
Usually the mere announcement of such a plan is enough to find enough volunteers but there do exist a handful of such conscripted firefighter troops. Often this is necessary after a mass resignation of volunteers such as in Helsa, Hessia th
113.
by germanier 5y ago
In German court proceedings you can only recover attorney fees up to the (pretty low) legal fee schedule (RVG). Anything above that you will have to pay yourselves
114.
by germanier 5y ago
The law is not that absolute in this respect and there have been cases before higher courts accepting "data in exchange for value" contracts under some conditions. There are also legal opinions out there that this is illegal but n
115.
by germanier 5y ago
We are talking about a warranty-related claim, not a claim about damages they'd have to pay regardless of the warranty offered. But anyway: If I travel outside the US and buy a harmful appliance in a local shop, a US court would probab
116.
by germanier 5y ago
Honestly, I'm not well versed in US law but as far as I understand, you need to show nexus to apply it which has totally different and much more nuanced criteria compared to the GDPR (which simply spells those out)
117.
by germanier 5y ago
They are not a US company nor do they operate from within the US at all. That law does not apply to their warranty.
118.
by germanier 5y ago
Last time I looked into this, there are no fuses in the required range available and I'm not sure they can be produced without significant R&D investment.
119.
by germanier 5y ago
Yes, as a direct to consumer seller located in the EU they have to offer a two year warranty on manufacturing defects.
120.
by germanier 5y ago
Companies have to, see Article 3. GDPR triggers whenever the processing is done by a company located in the EU or targeting users located in the EU. Google probably does not as they surely don't do processing of non-EU user's data

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