just thinking about this again: why don't they force the site operator
to take down the site? Would be much easier…
Regards,
Mike
--
Mike Kellenberger mike.kellenberger@escapenet.ch
Escapenet - the Web Company Tel +41 52 235
0700
http://www.escapenet.ch
Skype mikek70atwork
Von:
swinog-bounces@lists.swinog.ch [mailto:swinog-bounces@lists.swinog.ch] Im
Auftrag von Andreas Fink
Gesendet: Montag, 16. Februar 2009 16:09
An: swinog@swinog.ch
Betreff: [swinog] Post from Canton de Vaud
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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