Re: [swinog] Post from Canton de Vaud

-- Mike Kellenberger mike.kellenberger@escapenet.ch mailto:mike.kellenberger@escapenet.ch Escapenet - the Web Company Tel +41 52 235 0700 http://www.escapenet.ch 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 --------------------------------------------------------------- Tel: +41-61-6666330 Fax: +41-61-6666331 Mobile: +41-79-2457333 Address: Clarastrasse 3, 4058 Basel, Switzerland E-Mail: andreas@fink.org www.finkconsulting.com www.global-networks.ch www.bebbicell.ch --------------------------------------------------------------- ICQ: 8239353 MSN: msn1@gni.ch AIM: smsrelay Skype: andreasfink Yahoo: finkconsulting SMS: +41792457333 http://a-fink.blogspot.com/ A developers view about iPhone SDK