[IMC-bristol] Fwd: [Imc-legal] hyperlinx to imc.org and .de removed because of trail in NL.

[Always Shariff]

Hi All,
I thought it is best to forward this as they need some help. May be we could
organise a fund raising gig somewhere and increase the people's awareness of
IMCs in general?
'Avin' it
Always

===============================================================================
--- Henk <henk@waag.org> wrote:
> From: Henk <henk@waag.org>
> To: imc-legal@indymedia.org
> Subject: [Imc-legal] hyperlinx to imc.org and .de removed because of trail in
> NL.
> Date: 24 Jun 2002 16:58:35 +0200
> 
> As result of the unpresice verdict against dutch imc last week, we
> removed 3 links on the following pages: 
> 
> http://www.indymedia.nl/2002/04/3197.shtml
> http://www.indymedia.nl/2002/04/3362.shtml
> http://www.indymedia.nl/2002/05/4209.shtml
> 
> they had hyperlinx which contains mirrors to Radikal:
> 
> - http://www.indymedia.org/front.php3?article_id=172146&group=webcast
> - http://www.indymedia.de/2002/04/20100.shtml
> - http://www.smallzine.nl/load.html?artikel.php?ID=5851
> 
> We do not like it, but had a risk of 5000 euro a day. We like to appeal
> but need funding for that. Is there a fund for this, or have ppl
> suggestions that could help?
> 
> grtz,
> henk
===============================================================================
press release
Amsterdam, 20 june 2002

Judge orders Indymedia NL to remove links to Radikal mirrors

The court case, initiated by Deutsche Bahn (German Rail, DB) against 
Indymedia NL, has turned out negative for the latter organisation.

Indymedia NL regrets the facts that the judge in the verdict does not 
elaborate on which kinds of links are permissible and which are not.
This ruling will therefore have severe consequences for every person or 
organisation that has placed links on the Internet. Due to the structure
of Internet, it is possible to reach any website on the internet, by way
of combinations of links and indirect links.

Deutsche Bahn insisted a couple of weeks ago that Indymedia NL should 
remove a number of indirect links of mirrors of the website of the 
periodical Radikal. Through the linked start page, numerous articles are
available, including two articles concerning ways of blocking nuclear 
transports. These two articles have been ruled illegal in the
Netherlands by the same judge on April 25th 2002. Indymedia NL refused
to adhere to the demand.

In the verdict of June 20th, the judge has ordered to remove the
hyperlinks and to keep them removed, in as far as these hyperlinks lead
to the Radikal articles, either directly or indirectly and
notwithstanding whether these hyperlinks were placed by visitors. If
Indymedia NL does not comply with this order, a penal sum of 5,000 Euros
per day can be imposed. The judge ordered that, like an Internet Service
Provider but just as much like the editors of a newspaper, Indymedia NL
is, in principle, responsible for the content that has been published
with its help.

The verdict is surprising, since Indymedia NL does not link directly to 
illegal articles. Until now, only direct links to illegal material were 
forbidden in the Netherlands. Out of this verdict however, it follows
that indirect links to illegal material are also forbidden, because
Indymedia NL's links only point to copies of the front page of the
German periodical Radikal. It takes more clicks to reach the illegal
articles.

Indymedia NL considers the ruling a dramatic limitation of the 
possibilities of the Internet and the freedom of speech. Indymedia NL
will probably try to appeal this decision out of principal
considerations.

For more information:
http://www.indymedia.nl
info@indymedia.nl



=====
___________________________________________________________
I am normally found in http://www.alwaysshariff.co.uk.co

__________________________________________________
Do You Yahoo!?
Yahoo! - Official partner of 2002 FIFA World Cup
http://fifaworldcup.yahoo.com