Enforcement of the GNU GPL in Germany and Europe

GPL enforcement is successful in Europe. In several court decisions and out of court settlements the license conditions of the GPL have been successfully enforced. In particular, embedded systems are the main focus of such compliance activities. The article describes the practice of enforcement activities and the legal prerequisites under the application of German law.

Soziale Dienste, Schule und zivilgesellschaftliches Klima

In an international perspective cooperation between social services and school has a long tradition. In the German speaking countries we can recognize a historical distance or gap between school and “social pedagogy”, but despite this tradition new forms of cooperation are arising since the last few years. This tendency is part of the development of European societies into “knowledge-based societies” where knowledge and cultural capital are becoming ever stricter criteria for participation in society. This puts particular pressure on those adolescents who threaten to fail in the positional competition for educational qualifications. And it tends to the reproduction and reinforcing of social inequalities due to inequalities in education. For that reason in the article the development of school related social services in different European countries is investigated and it is shown that the increasing pressure to qualification and selection in school creates various problems of integration. Social dimensions of education are pointed out delivering starting points for the cooperation of social services in school and opening opportunities for productive forms of coping with differences between family background, informal social environment and educational milieu in school. Particular attention is paid to differences in socio cultural habits, in socio economical opportunities and in collective practices of interaction. A central focus in the contribution is the orientation towards a participative civil society climate relevant for the interaction between teachers and pupils and between professionals and addressees of social services as well. It is a task of future research in school related social services to analyse their institutional structure and their practices of professional interaction and to find out by European and international comparison in which way social services can contribute to the establishing of a participative civil society climate in school.

Injunctions against Innocent Third Parties: The Case of Website Blocking

The paper discusses the phenomenon of injunctions against third parties that are innocent from the tort law perspective. One such type of injunction, website blocking, is currently appearing in the spotlight around various European jurisdictions as a consequence of the implementation of Article 8(3) of the Information Society Directive and Article 11 of the Enforcement Directive. Website-blocking injunctions are used in this paper only as a plastic and perhaps also canonical example of the paradigmatic shift we are facing: the shift from tort-law-centric injunctions to in rem injunctions. The author of this paper maintains that the theoretical framework for the latter injunctions is not in the law of civil wrongs, but in an old Roman law concept of ‘in rem actions’ (actio in rem negatoria). Thus the term ‘in rem injunctions’ is coined to describe this paradigm of injunctions. Besides the theoretical foundations, this paper explains how a system of injunctions against innocent third parties fits into the private law regulation of negative externalities of online technology and explores the expected dangers of derailing injunctions from the tracks of tort law. The author’s PhD project – the important question of the justification of an extension of the intellectual property entitlements by the in rem paradigm, along with its limits or other solutions – is left out from the paper.