Domain Name Transfer before Slovak and Czech Courts

In Europe, a disagreement persists in the courts about the possibility of plaintiffs to request a domain name transfer in domain name disputes. In the last ten years, Slovak and Czech courts also produced some jurisprudence on this issue. Interestingly, the BGH’s influential opinion in the shell.de decision, which denied domain name transfer as an available remedy under German law back in 2002, wasn’t initially followed. To the contrary, several Slovak and Czech decisions of lower courts allowed a domain name transfer using two different legal bases. This seemingly settled case law was rejected a few months ago by the globtour.cz decision of the Czech Supreme Court, which refused domain name transfers for the time being

Facebook’s Real Name Policy: Bye-Bye, Max Mustermann?

Facebook requires all members to use their real names and email addresses when joining the social network. Not only does the policy seem to be difficult to enforce (as the prevalence of accounts with people’s pets or fake names suggests), but it may also interfere with European (and, in particular, German) data protection laws. A German Data Protection Commissioner recently took action and ordered that Facebook permit pseudonymous accounts as its current anti-pseudonymous policy violates § 13 VI of the German Telemedia Act. This provision requires telemedia providers to allow for an anonymous or pseudonymous use of services insofar as this is reasonable and technically feasible. Irrespective of whether the pseudonymous use of Facebook is reasonable, the case can be narrowed down to one single question: Does German data protection law apply to Facebook? In that respect, this paper analyses the current Facebook dispute, in particular in relation to who controls the processing of personal data of Facebook users in Germany. It also briefly discusses whether a real name policy really presents a fix for anti-normative and anti-social behaviour on the Internet.

Vom gesellschaftlichen Engagement für den Islam zum islamischen Engagement für die Gesellschaft – Verschiebungen In Tariq Ramadans Plädoyer für eine ganzheitliche Moderne

Tariq Ramadan (born 1962) is not only a leading thinker of Islamic Reformism, but also the most prominent Muslim actor in the ongoing reconfiguration of secularity in Europe. As a guiding back- ground, the introduction to this paper establishes that by now a public role for religion in secular societies is widely accepted, albeit attached to conditions (1). After an insight into the self-posi- tioning of Ramadan, followed by a comprehensive overview of secondary literature (2), I argue for two – discernible rather than clear-cut – phases to be identified within his discourse over 16 years: Considering secular societies as devoid of values, Ramadan promotes a distinct Islamic alternative that grounds its (modern) principles (allegedly) in revelation only, and also includes specific norms of Islamic law (3). Later, the Islam to be realized consists almost exclusively of ethics – of which the basic values are shared by, and even to be established with, all members of society (4). Ramadan’s continuous plea for a holistic modernity is elaborated on at the end of this paper (5).

Legal Integration of Islam: A Transatlantic Comparison

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

Islam in Europa: Integration durch Recht und ihre Grenzen

Die Integration des Islam ist vor allem über unabhängige Rechtssysteme erfolgt. Dieser Artikel verfolgt Wegmarken und rekurrierende Konflikte in diesem Prozess, vergleicht einen individualrechtlichen und korporativen Pfad der Integration im Hinblick auf ihre Möglichkeiten und Grenzen, und weist auf durch selbstläufig rechtliche Integration evozierte Spannungen zwischen Recht und Politik hin. Es besticht die Elastizität liberaler Institutionen gegenüber einer Religion, die in nicht geringem Maß Irritation für diese sein muss.