Steffi Graf Wins Case Vs. Microsoft 461
scaramush writes: "The AP is reporting that Steffi Graf has won her lawsuit against Microsoft for hosting nude doctored photos of her. Although Microsoft had removed the images when they appeared in June, MS declined to sign a formal agreement that they would not appear again. This is the second loss for MS in this case. Scary precedent."
This is misleading... (Score:5, Informative)
This is a case in Germany, under German law, against the German division of Microsoft. From the article:
The real reason why Microsoft lost... (Score:2, Informative)
The judge actually said this: "In their EULA for the (German) MSN service they grant themselfes all the rights for the contents of their users. Also the user pages are embedded into frames of MSN and look like geniue MSN content. This is why Microsoft Germany is responible for this content." (my translation).
The original Text can be found here: href="http://www.heise.de/newsticker/result.xhtml
So this means it's still safe for ISPs to host their users content as long as you don't want to have all rights to your users content.
It's simply Microsofts fault and their greediness which dug their own grave.
--
Andre
Re:The real reason why Microsoft lost... (Score:4, Informative)
And here's what MSN.com's current "photos" agreement says:
Not only are they conceding that the poster has the liability, but they are granting everyone else in the world the right to edit and re-publish your photo without your consent!
CYA has become a new art form in the Redmond law offices, I guess.
Nothing new here. (Score:3, Informative)
Well, at least with this ruling Microsoft might be able to buy some polititians to get the law changed. But then I would have expected AOL to do that a long time ago. Any Germans care to comment?
She didn't win the lawsuit (Score:4, Informative)
Points missed (Score:1, Informative)
1. Microsoft was NOT sued as ISP but as contend provider, because their old terms of use claimed ownership of all pictures etcetera someone posted to their forums.
2. Microsoft made money of those faked naked Picures of Steffi Graf by puting advertisments on the same page
3. Microsoft blured the origin of the contend
4. German Law (BGB) is from 1900, so compared to the much older angelo-saxon law it has less "Bugs" a lawer for a big company could use to get a case dismissed
See for yourself (in german language):
http://www.heise.de/newsticker/search
Um , you sir are wrong (Score:2, Informative)
And NOOOO, a LVAD will not keep a dead heart alive. As I said, I work in cardiac surgery. A LVAD (left ventricular assist device) or RVAD or BiVAD will only help if the heart is still alive. The key word being ASSIST in "left ventricular assist device".
Now, if you wish to argue the definition of alive, but according the definition that we have used in this discussion, what he said was fairly correct.
Re:The real reason why Microsoft lost... (Score:2, Informative)
---
Steffi may not take MSN user off
Eddi likes Steffi . And Eddi knows well Photoshop. Thus it produced center this yearly falsified Porno pictures of the German tennis icon Stefanie count and made it available under its MSN.de Community side of the world. The predominantly male part of the spectators had a first-class locker photo little hand vibrating to however not also be content, but could over the function "my photo center" additionally to buy.
A glowing Verehrer of the former tennis queen sent after benefit of such pictures a obszoene Mail to his Idol. This awkward kind of the affection stating encountered however little approval: Steffi.Graf switched its lawyer and within fewer hours was Eddis "Fakes OF of star" history -- at least with MSN. the Microsoft managers threw all found star Pornographen out, refused however the delivery of an omission explanation. Thus those wanted to prevent count by a punishment of 500.000 Marks also in the future that its face on different bodies is abused with MSN.
The regional court Cologne decided now to favour of Steffi.Graf (Az: 28 O 346/01). Since MSN in its general trading conditions the rights to use leaves itself to stopped contents of transfers on from the Usern and Community contents by Frames and Logos to look, as if are ms slopes of offers, must the Microsoft GmbH ensure that itself no naked Steffis more in the Microsoft network raekeln. The Unterschleissheimer daughter of the software company from the USA tried everything, from Rezitationen of its AGBs and referring to non-liability up to the deportation of all debt to the company nut/mother in talking moon or on the InterNet altogether. But the court remained hard, gave Mrs. count Recht and took up the "concrete unlawful act to the prohibition tenor" for the provisional order. Even Microsofts reference that Mrs. count could not make a repetition danger convincing, did not let the court apply. The company already affirmed the repetition danger by its contradiction against the original omission explanation. ( cgl /c't)
Re:"Scary Precedent"? Um, what? (Score:5, Informative)
Microsoft was merely acting as ISP in this case.
This has been said many times in this article, so I'm not picking on you specifically. I just picked this post to respond to.
MS was *not* acting as an ISP in this situation. Do you see where you said "on the site operated by Microsoft". In this situation they were a hosting provider. The picture was posted on some MSN community or similar. No one said that whoever posted the picture used them to dial up to the internet.
Further MS claims in their terms that they own all of the content on the site. So they are the host of the material and further they claim to own it as well. This makes them the publisher. In this case MS's draconian license scheme backfired and they *are* liable. If they had some disclaimer like at the top of this page:
then they would *not* have been liable. Since they provide the web space *and* they feel that this entitles them to ownership of anything anyone else makes and posts there, they got screwed in this case.
read the court's explanation (Score:5, Informative)