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Constitutional complaint against hyperlink ban

German Heise Publishing House will file a constitutional complaint against a decision by the Higher Regional Court in Munich (first-instance District Court decision can be found here). The court had ruled that creating a link to another Web site which offers illegal software for download, can lead to prosecution for complicity. The online news service Heise may publish an article explaining anti-circumvention technology, but it may not include a link in that article to a Web site where users may download the software. The court did not agree with Heise's argumentation that their article and the hyperlink were protected by laws for the freedom of the press.

There have been a lot of lawsuits dealing with hyperlinks to illegal content worldwide, especially to Mp3-music files, but it will be the first time that a national Constitutional Court will rule on a "right to link".




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