Luis Alberto Jimenez BernalesStrafrechtliche Verantwortlichkeit der Service Provider

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The service provider, whose economic model is geared towards the dissemination of its users’ data on the Internet, can open up a source of danger due to a poor technical infrastructure. This infrastructure increases the likelihood of the dissemination of illegal content and therefore also the risk of violation of legal assets. In view of this reality, the question arises whether the service provider is liable to prosecution for omissions under §13 StGB for criminal offences committed by users of its services. In order to answer this question, the guarantor position of the service provider was analysed in this paper, taking into account the new Copyright Directive and other specific regulations that oblige the service provider to take all possible control measures in accordance with high standards of professional diligence in order to avoid possible infringements of legal rights. The so-called liability privilege has become obsolete with the entry into force of the new Copyright Directive.

We must hope, however, that not only the pressure of criminal law will lead service providers to act, but soon also the realization and insight that the real danger for the development of this promising and fascinating new medium does not lie in the sanctions-based liability of its operators, but that it would be far more damaging if, in the absence of energetic and consistent action by service providers, the Internet were to present itself to the public more and more frequently and more clearly as a haven for crime: a distorted picture that could all too easily lead our society to begin to reject the new technology and thus lose the connection to the future.

Ihr Werk im Verlag Dr. Kovač

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