Subject: German Database Directive and other
From: Barbara Schleihagen (eblida@nblc.nl)
Date: ti 11 marras 1997 - 11:01:57 EET
Dear All,
1. The English version of the German Information and Communication Services
Act which also contains in Article 7 the implementation of the EU Database
Directive can be found at:
http://www.iid.de/rahmen/iukdgebt.html
2. Article 1, the Act on the Utilization of Teleservices, also contains a
paragraph on the responsibility of providers. The term "providers" is
defined as follows: "natural or legal persons or associations of persons
who make available either their own or third-party teleservices or who
provide access to the use of teleservices", which means that libraries are
also included in this definition. Here the extract:
§ 5: Responsibility
(1) Providers shall be responsible in accordance with general laws for
their own content, which they make available for use.
(2) Providers shall not be responsible for any third-party content which
they make available for use unless they have knowledge of such content and
are technically able and can reasonably be expected to block the use of such
content.
(3) Providers shall not be responsible for any third-party content to which
they only provide access. The automatic and temporary storage of third-party
content due to user request shall be considered as providing access.
(4) The obligations in accordance with general laws to block the use of
illegal content shall remain unaffected if the provider obtains knowledge
of such content while complying with telecommunications secrecy under § 85
of the Telecommunications Act (Telekommunikationsgesetz) and if blocking is
technically feasible and can reasonably be expected.
Best wishes,
Barbara Schleihagen
**************************************************************************
EBLIDA
Barbara Schleihagen, Director
Heidi Grootscholten, EU Policy Officer
P.O. Box 43300
NL-2504 AH The Hague
Tel: +31-70-309 06 08
Fax: +31-70-309 07 08
email: eblida@nblc.nl
http://www.kaapeli.fi/~eblida/
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