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Jurisprudence

Russian blogger sentenced for comments on the blog

16 July, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

On 7 July 2008, a Russian blogger was sentenced to one year suspended jail after having been found guilty of "inciting hatred and enmity" for a comment left on a LiveJournal weblog.

According to Kommersant newspaper, the young blogger Savva Terentiev was saying on the blog that "Those who become cops are scum," and calling for officers to be put on a bonfire. For his alleged offence, inciting hatred and denigrating the human dignity of a social group, the prosecutors were asking for a significant fine and two years behind bars, which seemed excessive. During the trial, Terentyev referred to his statements on the blog that corrupt cops should burned in Auschwitz-like ovens as "hyperbole

France: Linking can be damaging to your pockets

9 April, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

A recent decision by the Paris Tribunal has condemned 3 different French websites for linking to another website containing gossip information on the French actor Olivier Martinez.

The actor has decided to sue 3 websites (Fuzz.fr, Vivre-en-normandie.com and CroixRousse.net) for linking to external websites that presented the respective information.

Fuzz.fr is a Digg-like website, where the website users can vote which news comes on first. However, the court decided that the owner of the website has an editorial responsibility, even if it's a digg-like service, and forced him to pay 1000 euros as damages for infringing the actor's privacy and 1500 euros as legal fees.

Swiss Bank was denied the closure of whistleblowers website

12 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

U.S. District Judge Jeffrey White reversed his initial decision of shutting down the wikileaks.org domain of Wikileaks, a website where whistleblowers can untraceably leak documents.

Wikileaks, launched in early 2007, has anonymously posted documents revealing delicate subjects such as the infiltration of agents of the Stasi, the former East German secret police, into the commission investigating their organization or massive corruption in Kenya.

The Swiss bank Julius Baer sued Wikileaks, at the beginning of February 2008, in relation to documents posted to the site that were showing corruption in the bank's Cayman Islands branch allegedly used by bank clients to launder money, hide assets and evade taxes. The Bank had obtained

Israeli's ISPs forced by court to block torrent links website

12 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

On 25 February 2008, following pressure from the International Federation of the Phonographic Industry (IFPI) and a petition initiated by the 12 biggest record companies of Israel, the Haifa District Court ordered the country's three largest ISPs to block access to HttpShare.com, a BitTorrent and http hyperlink-only website.

Gideo Ginat, Haifa District Court Judge, stated: "I order the respondents, that is Israeli internet service providers, to systematically block access to the illicit site, HttpShare, so that surfers cannot enter this site and utilize it in order to impede upon the claimants' copy rights." The decision did not indicate any deadline for the application of the decision

French website Note2Be.com closed by court order

12 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Following the legal action initiated on 14 February by several individual teachers and SNES-FS union, a French court ordered on 3 March 2008 to Note2be.com to eliminate from their site the names of the teachers graded by students.

The site, launched on 30 January 2008, that allowed students to grade and evaluate their teachers, got immediate vivid reactions from the Ministry of Education, teachers and parents accusing the site of breaching privacy and inciting "to public disorder".

The court decided the site could no longer identify the teachers by name, asked the site to pay a symbolic 1 euro fine and the legal expenses for some of the teachers that were part of the case and advised the site owners they

YouTube blocked once more in Turkey

30 January, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

An order issued by a Turkish court on 17 January 2008 blocked once again the access to Google's YouTube Web site on account of allegedly insulting clips referring to the country's founding father, Mustafa Kemal Ataturk.

The ban lasted for 6 days and as no statements have been made by Turk Telekom which has implemented the ban or by YouTube representatives, it is not yet known whether the ban was lifted because the clips under question were removed.

The situation seems to be a repeated pattern as YouTube was first banned in March 2007 for similar allegations until the video considered disrespectful were removed by the site. A second time, in September, a Turkish court from

Turkey blocks again YouTube

26 September, 2007
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A Turkish court from the eastern city of Sivas decided on 18 September 2007 to order the ISPs to block the access to YouTube, considering that one of the video hosted there insulted Turkey's founding father, Mustafa Kemal Ataturk, President Abdullah Gul, Prime Minister Recep Tayyip Erdogan and the Turkish army.

Anatolia news agency reported that the order "has been forwarded to the state regulatory body, the Telecommunications Board, to be put into effect." YouTube declared it was ready to cooperate with Turkish authorities to resolve the dispute.

The trial has been initiated by a citizen from Sivas, who complained to the Turkish prosecutors on that video content.

The decision triggered prompt reaction from Reporters Without Borders: "Blocking an entire website because of a few videos is a disproportionate

Wordpress.com blocked in Turkey

29 August, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Turkey blocked the access to all the blogs hosted at wordpress.com on 17 August 2007, after a Turkish court decided on this action by agreing with a law firm hired by Adnan Oktar, that claimed that several blogs on the wordpress platform were publishing allegedly defamatory and "unlawful" statements about their client.

Since 17 August 2007, over a million WordPress hosted blogs could have not been accessible in Turkey, and a standard message has been displayed instead: "Access to this site has been suspended in accordance with decision no: 2007/195 of T.C.Fatih 2.Civil Court of First Instance ".

Adnan Oktar's lawyers claimed that they had tried to contact wordpress.com

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