from the and-that-it's-rather-wonderful dept
The German Federal Court of Justice in Karlsruhe has acknowledged that
an Internet connection is indispensable for life in the modern world,
and that being cut off for several months deserves monetary
compensation per day for the knock-on losses that inevitably causes:
The plaintiff was erroneously disconnected and
demanded that the unnamed telecommunications company pay for costs that
incurred in switching to a new provider. The plaintiff also demanded
compensation of [about $67] per day for the period his was unable to use
his DSL, fax over IP and VoIP services, according to the court.
The Federal Court, however, awarded compensation only for loss of the
internet connection. Compensation for the loss of a fax connection was
denied because a fax only enables the user to send text and images
faster than conventional mail and the technology is increasingly
becoming irrelevant due to the rise of alternatives such as email, the
court ruled.
The court's reasoning for the award is worth reading for its wide-eyed
enthusiasm that is reminiscent of the early days of the Web (
original in German):
Being able to use the Internet is an economic benefit
whose continuous availability, even in the private sector, has for a
long time been crucially important for a person's standard of living.
The Internet makes available global information in the form of text,
image, video and audio files. Thematically, almost all areas are covered
and the most varied quality requirements satisfied. For example, light
entertainment files are as readily available as information on everyday
issues or highly academic subjects. Because of this easy availability,
more and more the Internet is replacing other media, such as
encyclopedias, magazines or television. It also allows global exchanges
between its users, for example via e-mail, forums, blogs and social
networks. In addition, it is increasingly used for the initiation and
conclusion of contracts, for serving legal instruments and fulfilling
public service obligations. The overwhelming majority of people living
in Germany use the Internet on a daily basis. As a result, it has
developed into a decisively important medium for the lifestyle of a
large part of the population, and one whose failure has a significant
impact on everyday life.
It's great to see courts in Germany and
elsewhere
recognizing the central importance of the Internet to modern life --
not least because this necessarily implies that "three strikes"-type
punishments that involve disconnection from it are totally
disproportionate, and akin to cutting off someone's electricity or water
supply for months or more.
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