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Parents Not Liable For Their Son's Illegal Music Sharing, Says German Court 207

Posted by Soulskill
from the but-god-help-them-if-he-illegally-shares-bratwurst dept.
An anonymous reader sends this quote from an IDG News report: "A German couple are not liable for the filesharing activities of their 13-year old son because they told him unauthorized downloading and sharing of copyrighted material was illegal, and they were not aware the boy violated this prohibition, the German Federal Court of Justice ruled on Thursday. ... The ruling of the Federal Court of Justice reversed a ruling of the higher regional court of Cologne, which found the parents were liable for the illegal filesharing because they failed to fulfill their parental supervision. That court said the parents could have installed a firewall on their son's computer as well as a security program that would have made it possible to only allow the child to install software with the consent of his parents. Besides that, the parents could have checked their son's PC once a month, and then the parents would have spotted the Bearshare icon on the computers' desktop, according to the Cologne court. 'The Federal Court overturned the decision of the Appeal Court and dismissed it,' the court said."
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Parents Not Liable For Their Son's Illegal Music Sharing, Says German Court

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  • Re:Come on! (Score:5, Informative)

    by Anonymous Coward on Friday November 16, 2012 @10:17AM (#42000817)

    sorry but that is exactly what the highest court in Germany just decided is NOT the case. You completely got it back to front.

    It may be YOUR opinion that the situation is different, but the high court decision in Germany is that the LAW doesn't require this. End of story.

  • by fredprado (2569351) on Friday November 16, 2012 @10:23AM (#42000859)
    I don't see why it wouldn't be exactly the same. If the kid robs anything and is caught with whatever he robbed he is forced to give it back and that is about it. If he gets into a fight, he gets into a fight. This happens all the time with a lot of kids if you need a reality check.
  • Firewall? (Score:5, Informative)

    by angel'o'sphere (80593) on Friday November 16, 2012 @10:52AM (#42001127) Homepage Journal

    I don't have access to the first courts ruling.
    But during the higher courts session it became clear: THEY HAD A FIREWALL and had tried to restrict his users rights to install new software.
    Ofc. it is beyond any laymans responsibility to install aditional software to 'guard his children' from illegal activities.
    Even more annoying: the law situation is crystal clear. Nevertheless the 'music company' sued in the hope to get a cheap victory in a lower court from an unexperienced judge.

  • by arth1 (260657) on Friday November 16, 2012 @11:03AM (#42001243) Homepage Journal

    So does this mean a 13 year old will bet sent to jail?

    No, this is the civilized world, where they don't usually send children to prison.
    Or anyone to prison for what's clearly not crimes where the society needs to be protected from the individual.

    Prisoners, USA: 0.73% of the population
    Prisoners, Germany: 0.083% of the population (and that's high by world standards).
    Children serving life without parole, USA: ~2500
    Children serving life without parole, rest of the world combined: 0

  • by arth1 (260657) on Friday November 16, 2012 @11:45AM (#42001701) Homepage Journal

    Backhanded attempt?

    2500 to 0 speaks for itself. It requires no explanation.

  • by Anonymous Coward on Friday November 16, 2012 @12:30PM (#42002331)
    "The UN Convention on the Rights of the Child, which entered into force more than two decades ago, expressly prohibits the imposition of life imprisonment without the possibility of release for offences -- however serious -- committed by people under 18 years old. All countries except the USA and Somalia have ratified the Convention.

    USA the land of freedom. Well not if you are a child obviously.

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