Somehow, I am somewhat surprised that the straight and just Federal Justice Minister Brigitte Zypries with my provocative demand for gantry seconded watch draw from the reserve was.
The head of the supreme legal authority, but must simply versed in legal matters ...?
the World interview, she surprised me entirely with new knowledge and so I wanted to reassure me:
Blue: I am on secondment watch
Red: Federal Justice Minister Brigitte Zypries on secondment watch
Good day Mrs Zypries,
"world" - interview you made some statements that I would like to explain more because somehow the truth is not really visible.
"Even in my youth was the recording of music from the usual radio, then on tape or cassette. So there is a to believe certain tradition: you allowed to do that "
music recordings to online radio stations on the internet and conventional radio as I know, perfectly legal, now as before, if such is no (commercial) distributed or am I wrong because
The answer was (and I must admit that I do not fully understand)?
As for the recording of music from the (Internet) Radio . you're wrong, that simple fact it is not principle a recording only with the consent of the owner are created because each. Recording is a reproduction of the music piece dar. give just the right holder is entitled. The recording is therefore in principle not allowed. As I stated in the interview you quoted in addition, this prohibition applies at least if you copy the music at home not only for himself. So there is an exception to the ban: The private copying (§ 53 UrhG). A permitted private copying, however, requires not only that the music is recorded only for personal, private use and used. In addition, nothing in the call recording is not copy protection be bypassed and the template that is copied from the can not, obviously illegally manufactured or manifestly unlawful have been made available. Any direct or indirect use of a recording for commercial purposes is of course also inadmissible.
The answer is very comprehensive, but I somehow do not recognize what I misunderstood? When I record a song but in the online radio and it makes no commercial intention, so privately, I act but not illegal? Where is my only flaw?
But there are also the IT technical part of my correspondence with Ms. Zypries:
"You move anonymously, there is no social control."
Also from this I've spent IT'ler a different understanding. Explain to me how the internet anonymously should be on the road? That may be roughly the idea of lay people and something like this practice even in their simplicity, but said that the illegal music file sharing have windy Abmahnanwälte demonstrated clearly that these so-called anonymity not exist, how you present it. So what do you mean by your anonymity on the Internet?
The response of Ms Zypries I have to break down now, however, otherwise it is too opaque: envision
which detailed technical procedures to you, take you to the view that the user is not on the Internet regularly "Anonymous way," I can not judge.
It is now just so that each PC that wants to participate in the Internet, an IP address is replaced. It is designed to determine the person is relatively unimportant whether a dynamic or static IP address was assigned provider side.
This IP address identifies the exact PC that is in communication with the appropriate power and of course the appropriate users in the event it becomes necessary. This could be compared with adequately in such a social security number or the registration plate of a motor vehicle. In relation to the Internet, the provider can thus understand exactly who, when, how long and eventually also had access to find out what content. The latter is recorded by each visited server. Sometimes you can even keep track of the pathways and through retention, this can even understand half a year later. Now this is not my own opinion, but are purely technical facts. A user is not online anonymously , as Mrs Zypries apparently still accepts. It is not too difficult for the provider to cancel this alleged anonymity. Abmahnanwälte on behalf of the music industry earning quite well at this apparent anonymity by providing access to file criminal complaint and request. The call I really do not anonymity ...
it is He (at least compared to government agencies), almost always, especially if he gets, as it is now usually the case, a dynamic IP address assigned. This can only be special technical arrangements, as they are sometimes used by rights holders to identify so-called illegal downloads, or in special circumstances, in particular for education serious crimes are prosecuted to the person using that IP address back.
So if Abmahnanwälte pretty easy to get the personal data of music exchange users, but it is likely to BKA & Co. ( at least compared to government agencies) are not much heavier?
actually says Ms Zypries exactly what I have previously tried to explain. Anonymity ends where the identity can be determined. How would it otherwise be possible, to identify the driver or operator of a motor vehicle, a Penalty Charge Notice? The warden knows the individual offenders, where they caught a little funny note stuck under the wheel Wicher, certainly not all personally?
And that most people see this as not only confirm the criminal content, in addition to many useful and important information distributed over the Internet, but you see yourself as evidenced by your question, too Sun It could also be due to just this anonymity that it is the throbbing of their self-community has not yet even managed in the approach to command at least the most extreme excesses stop criminal activities in the network.
I see it but not so, but expressly noted that many users are subject to the delusion of anonymity, as Mrs Zypries still too.
That woman Zypries of one day in polemics forfeited by the Internet community responsible for the neglect of criminal intrigues makes, I find very sad and run it on their level of knowledge with regard to the Internet anonymity, which may however not be a justification for the failure of the authorities. I quote here would rather not have a famous saying of Dieter Nuhr ...
Oh, by the way Ms Zypries could not name a foreign provider that does not cooperate with respect to child pornography ...
enter the election campaign, the SPD gas gradually after Ulla Schmidt's company car and the approval of the Zugangserschwesiggesetz the survey by Frank Walter Steinmeier and his team of experts look like 2009 is not particularly promising . Let What one could possibly accuse me as a spelling error, in this case, an intended play on words and results from the intellectual excesses of the SPD family expert Manuela Schwesig during interviews in the Passauer Neue Presse .
... Child abuse is one of the worst crimes out there! On the other hand must be taken hard. The perpetrators must be brought - even across borders. We must also act against child pornography on the Internet. Therefore, the SPD advocates to clear relevant sites whenever possible.
So they announced nothing new and could be flying over these statements also approvingly short, they had not then presented their lack of competence but still,
to the question - "The Law on Internet locks on child porn sites is still not in effect threatens it to fail." - seems the campaign against a technically competent opinion to prevail:
The back and forth have to answer two conducted by the Union ministries. For this stalemate I have not the slightest sympathy. It keeps a better child protection!
It does not seem the inadequacies of the access difficulty Law not yet implemented and is proving THUS TO expertise team of Steinmeier sustained a disservice ...
gladly would I have to tell me of Manuela Schwesig the better protection of children using the Zugangserschwesiggesetzes.
Update: Obviously Manuela Schwesig member of the German Child Protection Agency , which published other children's organizations, a joint statement on the internet has (had):
http://www.dksb.de/upload/dksb/ downloads/Gemeinsame_Stellungnahme_26_5_09.pdf
It is clear from this statement that raised the number of organizations behind the blocking schemes of the government.
After I on 10 had practiced August 2009 in an email to all participating children's organizations, criticizing their position and pointed out that now could keep none of the arguments listed for Internet blocking more of the actual facts stand, I received on 11 August 2009, a response from the German Children's Fund with the reference to a revised statement, which clearly differs from the "old" and which is based largely on the actual facts: http://www.dkhw.de/cms/index.php option = com_content & view = article & id = 550: delete-from-child-pornography-the-internet & catid = 85: current-comments & Itemid = 133
The "old" Opinion is still accessible via direct link and will probably hold extra for Manuela Schwesig available or are not all child protection agencies agree on the facts?
... and most importantly for those who do not know the legal vacuum:
him I have found the fabled "legal vacuum". Anyone who follows the signs that are of politics, media and other conventional Internetausdruckern been set up lands, somehow always on the internet. But there he is not even the "legal vacuum", there is all the forbidden, what is in real life anyway prohibited. If someone uses the term "legal vacuum" most often? It is the Members who wish to censor the Internet. And there you have found him, the "legal vacuum". It is called only different in the higher technical language, the "legal vacuum". Immunity sounds much better and not so and browned from the putrid smell of the wicked. "MPs enjoy immunity" so is a phrase that is often used to the situation according to relish performing it. Even diplomats who are usually also the species "politician" category may taste the sweet fruits of immunity. I do not want to explain what immunity the individual is, for I would not rob the reader the pleasure to research this themselves or "ergooglen" to (as we in the Internet community, this puts it). Particularly amused me was the realization that a query "immune" to the phrase gave 16 300 hits. If you look at some of the results more closely, one quickly that the "legal vacuum" would describe the matter quite accurately, it just depends on your perspective. That immunity neither virtual nor bound by physical limits, should be mentioned ...
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