Unplugged? Sue your ISP (at least in Germany)
January 25, 2013
Internet-friendly Federal Court of Justice in Karlsruhe, Germany (credit: Kucharek/Wikimedia Commons)
Can you force your ISP to pay for loss of access to an Internet connection?
Apparently yes, at least in Germany, where a Federal Court of Justice awarded a plaintiff €50 ($65) per day for the period his was unable to use his DSL, fax over IP and VoIP services, Computerworld UK reports.
The rationale: the Internet has been a crucial part of people’s economic living standards for a while now, the court ruled.
The Internet is important because it offers access to information in the form of text, images, video and audio files, and almost all subjects are covered on the Internet, from light entertainment to highly scientific topics, the court said.
Because of its availability, the Internet increasingly replaces other media such as encyclopedias, magazines or TV, and it also enables a global exchange between its users via email, forums, blogs and social networks, the court said.
In addition, the Internet is increasingly used for the initiation and conclusion of contracts as well as for legal transactions and the fulfilment of public service obligations, it added.
Comments (7)
by Rob B
Eldras, you’re not describing the future. You’re describing the past. Your failed communist / resource-based / people-collective economics have been well explored in the 20th century. The tens of millions of dead citizens should be enough evidence as to which system treats its citizens ‘like animals’.
by eldras
Brilliant! People have rights civil and human. Capitalism was never designed for the people to serve but to serve people.
We need constant checks on our systems private and state to bring them back to serving us.
That must apply to private companies who must get away from what makes profits and is lawful to what serves people.
Otherwise the untouchables will be marginalized to animals.
The law doesn’t exist for the people to serve but to serve the people, and summoning contracts which are too detailed for undergraduate lawyers to fathom as a weapon to cut people off from the essentials of human civilization is socially unacceptable
I see the first openly futurist politician has been elected in Italy.
by Rob B
That’s nonsense. Unless you pay more than $65 a day for internet access, you should not be able to recoop that amount.
You’re not allowed to sue car rental companies, the phone company, the electric company, etc for loss of income when they fail to provide services.
Compensation rates (if any) should be clearly laid out before hand in the terms of service.
by Joel C.
I disagree, Rob. I think this is absolutely reasonable unless this ISP had to unplug the Internet connection due to unforseen events beyond its control.
by Aaron
Can we do the same for water, electricity, or gas? I think that’s the comparison they’re making. Internet is being considered a utility now.
by Rob B
Aaron, being deemed a ‘utility’ is simply a political term. It has absolutely no bearing in a free (read civilized) society. As Tom points out, shop around for the provider whose terms of service and reputation (and insurance offerings) best meet your needs.
by Tom
I agree with Rob B. I’m also concerned that what seems like a reasonable decision by the court will, if widely adopted, actually turn into increased usage fees to cover all manner of litigations and abuses arising from consumer attempts to game the system.
So, clearly lay out the terms of service beforehand, and if someone is really that worried about an interruption of service, then maybe offer the consumer to purchase insurance, something similar to how I can purchase insurance for my phone from my mobile phone company. I simply don’t wish to pay greater connection fees to cover other people’s lawsuits.