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German Constitutional Court Blocks Napster Suit

djmutex writes "In an urgent ruling, the German Constitutional Court has temporarily blocked the Napster copyright violations class action of several American recording companies and artists against Bertelsmann. The court decided that the German court in Düsseldorf, which was, according to international conventions, required to serve the writ, may not do so until the Constitutional Court has checked that the suit does not violate Bertelsmann's rights granted by the German constitution. Since, according to those agreements, the service is a precondition for both the suit to proceed in the U.S. as well as the later acceptance of the U.S. ruling in Germany, the lawsuit is for now halted. It is unclear when the Constitutional Court will definitely decide, but it is not generally famed for its tempo on final rulings, and it also stated in the press release (in German) that constitutional rights could possibly be violated if "proceedings before state courts are obviously abused to discipline competitors through public media pressure and the risk of a conviction"." Reuters has a summary.

8 of 173 comments (clear)

  1. Napster by Anonymous Coward · · Score: -1, Offtopic

    I have used lots of OSes in the 5 years I've used computers, and I see the same thing crop up throughout all of them. People who are using one
    particular OS think they are better than the people using other OSes. This was happening way before linux surfaced. Take Mac OS. I've had 10
    macs, and tons of PCs. To tell you the truth about using either, I don't care which one I use. Some people swear by the Mac OS and Steve Jobs
    and say the same things about Windows users that linux users say. Windows users say the same things about Mac OS or linux. To tell you the
    truth, I think not only linux sucks, but EVERY OS sucks. Every OS crashes. Every OS pisses you off at some point. Every OS can't do something
    that some other OS can do. Every OS has it's strong points. Every OS has it's bad points. EVERY OS SUCKS!!! I don't ever see my TI-82 crash. I
    don't see my Nintendo crash or tell me I have to install new drivers or libraries. Instead, I plug in a cartridge, turn it on, and KNOW it's
    going to work, instead of figuring out how I'm going to get it to where I can HOPE it's going to work. Like I said, I've ran lot's of OSes, and
    I think they are all a bunch of crap. I've not gotten things to run in linux. I've not gotten things to run in Windows. I've not gotten things
    to run in Mac OS. Does this make me an idiot? To some linux users, yes. They think that they're bad asses cause they are using an OS that some
    people don't understand. This sounds like immaturity to me. I mean when it comes down to it, all anyone's really doing on computers nowadays
    (home users, keep in mind) is browsing the internet, sending email, chatting, playing games, and other stupid crap like that. You can do that
    all on a dreamcast or PS2! Why the need for a computer, or in particular OS. Oh I forgot, Linux has free C++ compilers. WHO THE HELL CARES BUT
    NERDY PROGRAMMERS? Wanna be a nerd, and sit at your computer all day, and tell people that you know more about computers than them cause you
    use linux? Go ahead! No ones stopping you. You are just proving that linux will never evolve, because heck, look at the type of people using
    it! It's not because you all KNOW linux is better, but because you were TOLD it was better and THINK it is better. Like I said, and will say
    again and again, ALL OSes suck. Not just linux. So don't take a bad stance on my opinion. I HATE ALL OSes. I shouldn't have to be using a
    computer and have it crash on me. My palm pilot doesn't crash. My TV doesn't crash. My microwave doesn't crash. Wanna know why? BECAUSE THE
    PEOPLE WHO MADE THESE THINGS THOUGHT ABOUT THE USERS, NOT THEMSELVES. Every OS crashes. What does this mean? THE PEOPLE WHO MADE THEM CARE MORE
    ABOUT THEMSELVES THAN THE USER. Did anyone ever think of that? You guys wanna all think your cool, go back to watching your highly compressed
    crappy quality streaming movies over the internet. I'll go back to watching DirecTV, which by the way, doesn't crash on me. All I'm trying to
    say here people, is that until computers become just a single thing, and computer, not a mac or a linux or unix box, or a wintel machine, they
    will never truly flourish. They will never get anywhere. Intel will just keep kicking up the megahertz and amd will follow. And all the end
    users will argue about which is better. It's all just pointless. When will computers become just computers, without the tagging of megahertz
    and ram and hard drive space. When will they just do what they are supposed to do, and do it quickly? When will they become another appliance?

    I think GNU/Linux is a step into the Way Back machine. I've been using UNIX since 1983 in a myriad of flavors. GNU/Linux is nothing more than
    Yet Another kernel with all the GNU tools from any other UNIX system. If Linux is a killer, why aren't FreeBSD and other BETTER designs being
    promoted?

    In the real world, UNIX is an option, along with VMS or NT or MVS or any other systems that run the software I and/or my company needs.
    GNU/Linux is just UNIX. If

    1. Re:Napster by Anonymous Coward · · Score: -1, Offtopic

      Guess who wrote DirecTV? Those NERDY PROGRAMMERS. Go figure.

      Here's another clue: Fuck off.

  2. Linux 2.6.0-test2 released! by Anonymous Coward · · Score: -1, Offtopic
  3. Re:napster? by Anonymous Coward · · Score: -1, Offtopic

    YOU ARE RITE HOW DO I SHOT MP3

    caps is like yelling caps is like yelling caps is like yelling caps is like yelling caps is like yelling

  4. Neine by jabbadabbadoo · · Score: -1, Offtopic

    They must have confused Napster with Schnapster.

  5. Re:napster? by ankleteeth · · Score: -1, Offtopic

    Do you feel really good for making the first post? You really couldnt post something related to the story could you? And I know I will get modded down for talking off-topic as well *sigh* But at least I feel releived for flaming at the troll...

  6. What's up with German by Anonymous Coward · · Score: -1, Offtopic

    porn? I was watching some German porn flick the other day. It starts out pretty well, some really fine looking Teutonic chick; blond hair, blue eyes, great body (fake tits, though, of course :(). She's getting it on with some guy, pretty standard porn stuff. Fewer clam cam shots than you might see in American porn, but better lighting, which is always a plus.

    Anyways, some guy's going down on her, la-di-da, and all of a sudden some other guy comes in and STARTS PISSING ON HER! What the fuck?? Who wants to fucking see that? Apparently this is a pretty normal thing in German porn! Hot chick, mildly hot sex, HEY, KLAUS, TIME TO COME IN AND START PISSING ON THE STARLET!!

  7. Re:I will comment on this article by apoc.famine · · Score: 1, Offtopic

    And since everything else is taken, I'll reply to your sig and get moderated offtopic.

    --
    Velociraptor = Distiraptor / Timeraptor