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German Court: "Sharing" Your Amazon Purchases Is Spamming (reuters.com)

An anonymous reader writes: A court in Germany has ruled that the 'Share' links which Amazon provides to customers directly after making a purchase at the site are unlawful. The "Share" functionality provides buttons which allow the consumer to signal a new purchase via Facebook, Twitter, Pinterest, or email. The court, ratifying an earlier decision made at a lower court, declared that emails initiated via the Share function constitute "unsolicited advertising and unreasonable harassment."

195 comments

  1. Interesting post, thanks by Anonymous Coward · · Score: 2, Funny

    Thanks for the post, I'll have to check it out.

  2. Seems like freedom of speech to me by mmiscool · · Score: 3, Insightful

    Seems like freedom of speech to me

    1. Re:Seems like freedom of speech to me by randm.ca · · Score: 4, Interesting

      What do the emails look like? Is there any "speech" from the user, or do they just plug in an email address and amazon does all the "speaking"?

    2. Re:Seems like freedom of speech to me by gstoddart · · Score: 5, Insightful

      It's freedom of speech if you take the link, copy it into Facebook or Twitter and say "just got me one of these babies".

      It's spam when a commercial entity gives you a quick means of shilling their product without stopping to think "do my friends really give a shit?" It's doubly spam if your friends email is ever provided to Amazon in this process without their consent.

      Because if your friends didn't give Amazon permission to send email, pretending like you spontaneously sent the email is kind of bullshit.

      No, sorry, making commercial communication appear to have been a spontaneous outpouring by consumers is a shady way of getting around stuff like opt-in.

      --
      Lost at C:>. Found at C.
    3. Re:Seems like freedom of speech to me by frogcode · · Score: 3, Interesting

      While I'm sure Germany has laws that allow people to speak their minds, It's probably not like the United State's First Amendment which at times doesn't apply either in cases of libel or slander.

    4. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      No. Even US Courts have ruled freedom of speech does not mean you have a right to stuff your opinion down someones throat...

    5. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Not applicable because Germany doesn't have freedom of speech.

    6. Re:Seems like freedom of speech to me by stephanruby · · Score: 3, Informative

      What do the emails look like? Is there any "speech" from the user, or do they just plug in an email address and amazon does all the "speaking"?

      I assume it is like most commercial Share buttons.

      Amazon pre-fills the form pretending to speak on behalf of the buyer, but that person can edit that text however he/she wants.

    7. Re:Seems like freedom of speech to me by alvinrod · · Score: 4, Interesting

      Personally I think people should be allowed to use the quick one-button solution. It let's me know who I can unfriend/unfollow for being a prat.

      But who I am kidding, most user generated content on social media sites isn't much better than this spam. I hope the kill off the rest of the "share to x" buttons out there because there's plenty of other crap beyond just Amazon or online retailers.

      I had a great idea for a Facebook replacement, but it turns out there's already plenty of prior art for meeting at a pub and having a beer with friends so I don't think I can get a patent.

    8. Re:Seems like freedom of speech to me by gstoddart · · Score: 5, Insightful

      Shady and tacky, but still should be protected against government intrusion.

      There are spam laws, you can't just pretend they don't exist.

      I sure as hell don't want to use an internet where any asshole can decided that I don't get a vote in if I see their commercial speech or not.

      Sorry, take your anti-government crap elsewhere. Accepting all spam as free speech is idiotic. You do not have the freedom to send me unsolicited commercial email just because you're an ass who thinks its his right.

      Fuck that. The onslaught of bullshit from corporations would be impossible.

      I don't give a shit about what some asshole in marketing believes is the free speech of his company.

      --
      Lost at C:>. Found at C.
    9. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 3, Insightful

      It's doubly spam if your friends email is ever provided to Amazon in this process without their consent.

      THIS. It is not okay to spam me just because one of your customers has me in their address book, Facebook friends, etc. and you got their permission. You did not get my permission. The amount of bullshit spam I was getting from LinkedIn, because other people installed that app and it harvested all of their contacts to send spam to, got so bad I had to block LinkedIn's IP ranges from connecting to my mail server. Some companies think it's reasonable to spam their customers and everyone they know, as if there's some type of opt-in-by-proxy. It doesn't work that way.

    10. Re:Seems like freedom of speech to me by TwentyCharsIsNotEnou · · Score: 2

      It's spam when a commercial entity gives you a quick means of shilling their product without stopping to think "do my friends really give a shit?" It's doubly spam if your friends email is ever provided to Amazon in this process without their consent.

      I would argue that it's spam only in the case where Amazon send direct messages to people without their consent. If they make it easier for you to do it, but their own servers don't actually get involved, I can't see the problem - then it's the purchaser who's sending the message, regardless who composed it.

      I guess with the email option, it must be Amazon's servers that send the message - in which case I fully agree that constitutes spam.

    11. Re:Seems like freedom of speech to me by pla · · Score: 5, Insightful

      without stopping to think "do my friends really give a shit?"

      So, basically no different from the entire rest of Facebook?

      "I just ate a bag of Doritos" - I don't give a shit.
      "Look at these pictures of my new puppy/baby/ocelot/car/hairstyle" - I don't give a shit.
      "I just bought a new Dyson Vacuum on Amazon" - I don't give a shit.
      "Sally has just changed her relationship status to emotional blackmail" - I don't give a shit.
      "I just took a great big shit" - Nope, I still don't give a shit.

    12. Re:Seems like freedom of speech to me by penguinoid · · Score: 4, Funny

      I couldn't agree more. In fact, there's a petition to prevent people from sending one-click spam to other people. Click here to sign it. It will automatically detect who your representative is from your IP address and send him a letter.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    13. Re:Seems like freedom of speech to me by prefec2 · · Score: 2

      It is not. Sending adverts to all your friends is spam not freedom of speech. Freedom of speech is about the right to be not censored by the government to suppress political, scientific and religious opinion. It is definitely not about ones last purchase, which is just something for a narcissistic person to express their self-importance. It often helps to visualize such posts as messages or letters to all your friends. It is annoying to get all these totally unimportant messages.

    14. Re:Seems like freedom of speech to me by ScentCone · · Score: 2, Insightful

      It's freedom of speech if you take the link, copy it into Facebook or Twitter and say "just got me one of these babies".

      It's spam when a commercial entity gives you a quick means...

      Nonsense. Is it legit if you hand write a letter to your grandma about your purchase, but spam if you use a pre-printed letter that came in the box, and you fill in a few blanks before mailing it to grandma? No? Specifically why or why not?

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 2, Insightful

      Except that the way these things actually work is I, Amazon's customer, authorize Amazon to post this message to my facebook, twitter, etc account. It then becomes visible to anyone who can see my social media feeds, and automatically notifies anyone who gets notifications about activity on my feeds.

      So, anyone seeing my shared purchase info, has opted in to seeing whatever crap I post to the stream, and I authorised this post.

      It's an asinine thing to do, but ultimately it is not in any philosophical way equivalent to Amazon sending unsolicited advertisement.

    16. Re:Seems like freedom of speech to me by ScentCone · · Score: 1

      No. Even US Courts have ruled freedom of speech does not mean you have a right to stuff your opinion down someones throat...

      How is communication initiated by one of your friends, a person you have chosen to hear from when they update their status or make postings, somehow them stuffing something down your throat? You have TOTAL control over whether or not you hear from those people. If you don't like it, just don't follow them - you obviously have made a poor choice in bad-mannered friends, and are trying to blame someone else for your own shortcomings.

      --
      Don't disappoint your bird dog. Go to the range.
    17. Re:Seems like freedom of speech to me by pla · · Score: 1, Insightful

      Whoah, put down them irons, cowboy! You can just ignore it when Amazon asks if you want to share your purchase. You don't even need to say "no", you just move along with whatever you wanted to do next.

      I hate spam as much as the next guy, but "don't click the goddamned share this button" falls juuust tad short of sending 50M emails a day about Chinese V1@gra.

    18. Re:Seems like freedom of speech to me by jdavidb · · Score: 1

      The easy solution to this is to not be friends with someone anymore if they do this to you. Taking it to a court of law is a far worse offense than the spam from a friend.

    19. Re:Seems like freedom of speech to me by cayenne8 · · Score: 5, Insightful
      You know..I've seen these buttons on the completion of sales...and wondered if that many people actually share or notify friends when they BUY something?!?!

      Seriouslyl? I mean...why?

      I know there are some people out there who like to brag, or show off....but I can't believe that is in the majority out there, is it?

      Are there really a significant enough number of people that actually 'share' some if not all of what they buy online??

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    20. Re:Seems like freedom of speech to me by Jhon · · Score: 2

      Bah. Posting to undo an unintended down-mod. Someone give this an upmod. Two to make up for my stupidity.

    21. Re:Seems like freedom of speech to me by prefec2 · · Score: 1

      Yes we have. The boundaries between free speech (which is a human right) and other human rights are just a little bit different than in the US. These differences are an expression of the differences in culture.

    22. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      German courts and currrent administration do not know what online free speech is. This is just another nail in the coffin for regulating the the people and moving backwards to another governmental controlled system:
      merkel polices zuc
      zuc is on it

      Let's not forget Merkels initiative to take care of the German voters first:
      Germany yro

      Wonder why ccc has not been updated or so quite ?

    23. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      so the govt should go after the guy who clicked the button.

    24. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      If you share your purchases on your web site or Facebook or whatever, then it's freedom of speech. If you share your purchase by sending it to someone via email. it's spam and you should be fined and/or sued for it.

    25. Re:Seems like freedom of speech to me by aix+tom · · Score: 1

      Maybe. But one could also argue that burring your house in 142 tons of leaflets is also "fee speech".

    26. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Wait, opt-in to what? You fucking "opted in" when you followed my shitty social media stream. That is your fucking opt-in.

      And Amazon (or anyone else) literally does not have the technical ability to make anyone "pretended" to do anything. The user clicked it, they explicitly chose to do it.

      This is a risible ruling and just another sign of how out of touch most of the EU bureaucracy is.

    27. Re:Seems like freedom of speech to me by umafuckit · · Score: 2, Insightful

      Seems like freedom of speech to me

      You know what? Freedom of speech is there to protect important stuff, not bullshit like this. There is no absolute freedom of speech because there are already several forms of speech that, as a society, we deem illegal. So if a court decides that a vendor encouraging people to advertise for them for free is spamming, then I'm happy to take that in the spirit in which it is intended and not debase the important right to freedom of speech to defend Amazon. Where your rights are actually being eroded is by things such as "companies are people and are entitled to freedom of speech". That kind of thing concentrates power in the hands of the few whilst masquerading as democracy.

    28. Re:Seems like freedom of speech to me by Xenx · · Score: 3, Insightful

      But.... ocelot.

    29. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Accepting all spam as free speech is constitutional.

      But this is in Germany.

      Either way, stop your whining.

    30. Re:Seems like freedom of speech to me by DavidMZ · · Score: 2
      Then maybe this ruling would not happen in the US.

      But this is Germany, and European countries have different interpretations of 'Freedom of Speech': Freedom of speech in Germany.

      And, if you ask me, it is for the best. If applied in the US, it would cut some of the utter nonsense I hear everyday when I turn on the news.

    31. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      What do you want to bet the people cheering this on are EU people by and large? They don't believe in freedom of speech, and combine this with entitled assholes who think their friends posting dumb shit is "spam" and they are entitled to not have to deal with it (by government force, no less) you have a perfect shitstorm of millenial nonsense.

    32. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      MEIN KAMPF

    33. Re:Seems like freedom of speech to me by vux984 · · Score: 2

      Is it legit if you hand write a letter to your grandma about your purchase, but spam if you use a pre-printed letter that came in the box, and you fill in a few blanks before mailing it to grandma?

      What if the retailer, at the time of sale, simply says "mind if we tell your grandma"? If the answer is "no", then she fills out the letter, including the blanks, and even mails it for you?

      One difference that immediately springs to the forefront is that in the former scenarios *I* clearly mailed the letter. I filled out the form, I dropped it in the outgoing mail box.

      In the latter the retailer sent it, at best, 'with my permission'.

    34. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Seems like freedom of speech to me

      Germany is one of those irresponsible, anti-capitalist, left wing, Marxist countries that does not treat corporations as if they are a human being with the same rights as a person. Weird, eh?

    35. Re:Seems like freedom of speech to me by Hognoxious · · Score: 1

      But presumably it only goes to your acolytes, or whatever they're called?

      Don't want to know every time Quim Cardassian buys some new knickers? Don't sign up to her list.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    36. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Speech can be used to hire an assassin. Speech can be used to rally a mob against minorities. Speech can be used to drown out other speech.
      By spamming the same shit over and over you can effectively censor someone.

      If you want free speech to exist for all you will have to limit those who abuse it.

    37. Re:Seems like freedom of speech to me by RenderSeven · · Score: 1

      Wait wait wait... its illegal for Amazon to have a click-share button. But the Slashdot story has a click share button, both linked articles have click-share buttons (and code to send metrics to FB and Google even if you dont click), all 4 articles *they* link to have click-shares. Even Angela Merkel's web page has a Facebook share button. None of that is "unreasonable harassment" but Amazon is? Because some German Amazon reseller got all pissy that another Amazon reseller was selling more than him? Facebook has become more social disease than social media, and the pervasive mad rush to capitalize on it in any way possible at our expense is utterly unconscionable, but letting a court decide which arbitrary cross-marketing implementation is the "unreasonable harassment" du jour is bull.

    38. Re:Seems like freedom of speech to me by ganjadude · · Score: 1

      only place i can see it being useful is video games,

      oh frankie bought mario kart 354 extreme edition? that sounds fun, ill scoop it and we can play

      --
      have you seen my sig? there are many others like it but none that are the same
    39. Re:Seems like freedom of speech to me by Kurrelgyre · · Score: 1

      Not sure why you got downmodded. It is shady, and tacky, and not at all automatic.

    40. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Notifying everyone of certain purchases can be good for one's personal life. You know, things like condoms and porn. Informing everyone of these purchases lets others know what you are into (in a way no dating site could ever do).

    41. Re:Seems like freedom of speech to me by fluffernutter · · Score: 0

      Glad I'm not the only one this happens to! Had to do this the other day. Unfortunately I had no mod points to share.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    42. Re:Seems like freedom of speech to me by sysrammer · · Score: 2

      Warning: link sends you to goatse. Not a problem for me, of course, as I use systemd with a hosts file.

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    43. Re:Seems like freedom of speech to me by pregister · · Score: 4, Insightful

      Why do you not realize it isn't the quality of your friends' posts that is poor, but the quality of your friends?

    44. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      "mellenial nonsense" perfectly describes the narcissistic douches that actually click on the "Share" button in question.

    45. Re:Seems like freedom of speech to me by The+MAZZTer · · Score: 2

      The idea is you think someone else would be interested in the item and want to share it with them. Share buttons provide a quick way to do that.

    46. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      MICROAGGRESSION ALERT!

      And some of those whiny bitches get mod points. I love wasting their points.

    47. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 1

      its illegal for Amazon to have a click-share button sending unsolicited e-mail

      FTFY.
      What the court ruled illegal was not the Facegram+ "sharing", but amazon also "sharing" purchases via PLAIN OLD E-MAIL.
      In other words, unsolicited commercial e-mail (aka spam) is unsolicited even if some other person technically solicited it.
      Why? Because otherwise there would be no spam, as every spammer could simply claim they solicited it themselves.

    48. Re:Seems like freedom of speech to me by CanadianMacFan · · Score: 1

      Yes, but it isn't some asshole in marketing sending you the message. It is someone who knows you and has bought something. They then have to actively choose to put your email into a form (or maybe it can connect to your address book, I don't know I never used the stupid thing).

      Do I like it? Not at all. But I don't think it's spam. Amazon isn't going through your contacts and saying that you bought X without your knowledge. Or it's not firing off emails to random people saying a person with a purchase history like yours just bought X. That would be spam (unless they opted in).

      If I had the inclination I could send an email to my friends saying that I bought X from Amazon using my email client. Amazon is making it easy for me. I never understood why people would want to share when they order something. It's when you get something or when it's set up and running that's exciting to me.

    49. Re:Seems like freedom of speech to me by ScentCone · · Score: 1

      In the latter the retailer sent it, at best, 'with my permission'.

      1) Why are you putting quotes around 'with my permission' ... what you're describing is exactly with your permission.

      2) How does the retailer have your grandma's postal address?

      --
      Don't disappoint your bird dog. Go to the range.
    50. Re:Seems like freedom of speech to me by OhPlz · · Score: 1

      How is censoring any negative comments about the economic migrants an example of Germany embracing freedom of speech?

    51. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      So will Germany also prevent you from checking in at restaurants, movie theatres, etc? Because you're advertising for them then too. Or you're just a fucking moron. Probably the second option.

    52. Re:Seems like freedom of speech to me by angel'o'sphere · · Score: 1

      We are talking about spam emails here.
      Not about freedom of speech.
      I'm pretty sure you have a spam filer, too.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    53. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      The world is cOLONIZED bY aLIENS in 2038

    54. Re:Seems like freedom of speech to me by angel'o'sphere · · Score: 1

      A friend is some one who organizes a rescue party as soon as he knows my plane crashed in the sahara.
      If he used facebook for that, it is fine for me.

      If he spams me on facebook with his last purchases I probably make a group for him alone, put him inside and remove the 'post on my timeline' or what ever ... bottom line: he is still,my friend even if he posts retarded nonsense.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    55. Re:Seems like freedom of speech to me by dpidcoe · · Score: 1

      While that makes a funny one-liner, I find the fact that it's being modded insightful is a bit worrying. There's not really a correlation between the quality of a person and the quality of their social media postings.

      At the risk of pulling in an anecdotal counter-example, I knew someone who IRL was one of the most sleazy and manipulative bastards I've ever met. He flat out told me he was in the CS program at school despite having no interest or affinity for CS because "nerds made good targets" for his social manipulations. He cheated and manipulated his way through classes until people just refused to interact with him anymore, then dropped out of the program the semester after that conversation happened (now I think he does marketing/sales/business stuff professionally). Despite him being what in my opinion is a pretty terrible person, the occasional social media post I see from him is always well constructed and generally interesting. Even the stuff bragging about his expensive vacation to somewhere had some well edited gopro footage. Then I also know the converse of that, a coworker who's a pretty smart EE and fun to do stuff with, but give him access to a text based form of communication not professional e-mail and he falls back to a dialect of late 90s txtspeak that's maddening to read.

      All that to say, the things that make a good quality social media poster aren't the same things that make a good quality friend and vice versa.

    56. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      You think we have to wait that long?

    57. Re:Seems like freedom of speech to me by angel'o'sphere · · Score: 1

      It is spam as you don't write a single email to your grandma but to everybody amazon or the social site considers your 'friend'.
      Perhaps you start to grasp the concept of automated mass mailings to people who don't want those mails eventually.

      Or do you really think a german granny sued her grandson or amazone?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    58. Re:Seems like freedom of speech to me by dpidcoe · · Score: 1

      I don't know about the letter analogy (it seems a bit incoherent tbh), but I'd definitely put "with my permission" in quotes for the software side of things just because of how easy it is to hide permission inside an EULA or a very easy to click by accident button (looking at you, amazon one-click purchasing).

    59. Re:Seems like freedom of speech to me by desdinova+216 · · Score: 1

      great, now we're going to get APK spam.

    60. Re:Seems like freedom of speech to me by nospam007 · · Score: 1

      "Share buttons provide a quick way to do that."

      Those Share Buttons also 'share' everything they can obtain from your connection with themselves, they all do that, that's why they are called trackers.

      And since they are everywhere nowadays, they'll know everything you ever did on the web, even if you never click on one in your life.
      That's where Ghostery comes in.

    61. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 1

      In 50 years, the US will be conquered in a bloodless battle by a small nation calling us all poopoo heads.

    62. Re:Seems like freedom of speech to me by vux984 · · Score: 1

      1) Why are you putting quotes around 'with my permission' ... what you're describing is exactly with your permission.

      Because the letter I authorized based on their description of the service, and the letter that was actually sent (details buried in fine print, or perhaps not disclosed at all?) bear very little resemblance.

      For example, if I order flowers to be delivered to my grandmother, and there's a box that says "include courtesy call to coordinate delivery" and I tick it, with this vision of you calling dear grams and confirming she'd be home that afternoon to receive them in person.

      But instead you use that courtesy call, yes to schedule a delivery but while on the phone upsell grandma on a more expensive courier if she wants them before next week, and then press her to pay a service fee to send me a thank you card too, then pumping her for the contact information of her friends for telemarketing calls... well... that's not exactly what I thought I was authorizing is it.

      And that's closer to what amazon's service is. Its not a little... hey X bought a new bbq.... why don't get to gether and have a grill night! Have a great weekend from Amazon!"

      Its more like "hey X bought a new bbq. Its so shiny, and has 3 burners, and stainless steel lining and 2 year warrnaty. Its got 5 stars on amazon... would you like to buy one now too?? Would you? Click here now!!"

      2) How does the retailer have your grandma's postal address?

      Don't know. Don't care. Maybe its a small enough town.

    63. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      It could always be the quality of your friendship. If you don't give a shit about your friend's baby, that sounds like a fair-weather friendship to me.

    64. Re:Seems like freedom of speech to me by reboot246 · · Score: 2

      I've often wondered the same thing myself. I've never "shared" information about what I buy because even my best friends and family don't really give a shit about what I'm buying.

    65. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      > a pre-printed letter that came in the box, and you fill in a few blanks before mailing it

      Because that's insincere. They're not your words. Checking boxes in form letters is a 'guided conversation' at best. And it's mere existence is peer pressure to some, obnoxious to others.

      All advertising is, by design, aimed at hooking "you". So if a product does not resonate with "you" it's often easier to see the mechanics of the advertisement... you're a little more distant and not enamoured by it. You see it for what it really is!

      So imagine now you're the grandma mentioned above. Wisened and thoughtful in your years, always happy to get mail from your beloved grandson. Now you receive a form letter announcing his new TV with all it's features, price, and accompanying add-ons. Would you salivate to go buy one? Or would you consider the company tasteless for encouraging your grandson to use his connections to shill their products into your mailbox?

      Let's not do the dirty work for them. If they have a cool product, we'll find it on our own. Even grandma, (with perhaps the real-life help of her grandson).

    66. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Wow, that's a daring strawman. In what way did claim that doing that would be an example of Germany embracing freedom of speech?

    67. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Whoah, put down them irons, cowboy! You can just ignore it when Amazon asks if you want to share your purchase. You don't even need to say "no", you just move along with whatever you wanted to do next.

      I hate spam as much as the next guy, but "don't click the goddamned share this button" falls juuust tad short of sending 50M emails a day about Chinese V1@gra.

      That share this button is put up 50M times. People are not computers, they make mistakes and Amazon is using that fact to spam people. This is exactly spam and I for one am glad the court agrees.

    68. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      Yup and Germany has no freedom of speech. Oh Germans will claim otherwise but their courts just told them that, no, you do not have the freedom to tell all your social media contacts what you are doing and if you do, we will harm the guy that helped you do it.

    69. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      Hey, dude. Amazon didn't spam anyone. They simply helped your "friends" do it in exactly the same way that social media sites are intended to.

    70. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      I think someone who never actually clicked the button sued Amazon.

      It is amazing how many hoops people are willing to jump through trying to prove that Person A asking (or giving permission to) Person B to do something on behalf of Person A is not Person A doing it.

      Next up will be a ruling claiming that social media itself is violating some law or the other because "automated list processing" instead of personally writing every damn note with quill and ink.

    71. Re:Seems like freedom of speech to me by Sique · · Score: 1
      Freedom of speech does not only mean that you have the right to say what you want, it also means that you have the right to listen to what you want. And in the same way that you can't be forced to say what you don't want to say, you also can't be forced to listen to what you don't want to hear.

      Freedom of speech means that no one has any right to your attention. And that means that you have the right to tell everyone to shut the fuck up if he tries to get your attention nevertheless.

      --
      .sig: Sique *sigh*
    72. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      True, but they have yet to rule that me sending them an email is "stuffing it down their throat". In fact, US courts have ruled that a physical (real-world) relationship does imply the level of consent needed to send emails and even phone calls.

      The US courts, so far, have not ruled that my asking a third party to act on my behalf is not the same as me having done it myself.

      I guess Germans can now take comfort in the fact that they can no hire a hitman to do their killing and not be held responsible for the murder.

    73. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      No, freedom of speech means the government is not in the business of deciding what is bullshit and what is valuable (from a speech perspective).

      If freedom of speech means exactly that the government has a responsibility to censor based on the content of the message, then you have truly found the Orwellian definition of it.

    74. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      So the current Amazon Prime offering that is based on one of Phillip K. Dicks novels would be banned in Germany because of the prominent use of the swastika? Or is it only certain, government approved, uses of the the swastika that are acceptable. So Germany could restrict a movie that featured swastikas even it if wasn't promoting Nazism but they still didn't like the content?

      And if Germany were truly enforcing its laws in an unbiased manner, nearly every posting on slashdot originating in Germany would be banned because of the insults to various US government agencies and leaders. Now that is some true freedom their folks.

      This description in the wikipedia article is simply awesome in its irony: "which also states that there is no censorship and freedom of expression may be limited by law." Get that, German law does not allow censorship except where German law demands it. Yup, true freedom happening over there folks.

      This is why Americans point out that most European countries do not have "freedom of speech". Your constitutions say you have it until your legislators say you don't. Our Constitution says we have it until the Government can prove to our courts that major harm to society will happen unless we restrict it. Both allow for limits but one is much closer to actual freedom than the other.

    75. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      And defining abuse is censorship and then no more freedom...

    76. Re:Seems like freedom of speech to me by kwbauer · · Score: 1

      Or they could have taken the rational approach and said that if the someone soliciting it (clicking on the button) is not associated with the company and/or has an outside relationship with the recipients, then the company is simply acting on behalf of the purchaser and then that still takes care of actual spammers.

    77. Re:Seems like freedom of speech to me by PrimaryConsult · · Score: 1

      Sorry but after seeing articles and videos by Germans (criticising Germany's handling of migrants) censored as "hate speech", you most decidedly do not have free speech over there.

    78. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      You sound like a friendly guy

    79. Re:Seems like freedom of speech to me by buck-yar · · Score: 1

      So its a clever way of creating the spam message. It doesn't change what it is.

    80. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      You've done better than apk's hosts file program that gives users more speed, security, reliability and anonymity desdinova 216? I'd like to see it.

    81. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Agreed. What's your point? Doesn't mean we need the nanny state to step in with iron boots and prevent it.

    82. Re:Seems like freedom of speech to me by OhPlz · · Score: 1

      Parent claims that Germany has free speech and counters a claim to the contrary referencing "differences in culture". The irony is that people who are trying to point out a "difference in culture" with the migrants are having their speech censored by Germany.

    83. Re:Seems like freedom of speech to me by fazig · · Score: 1

      I'm not sure how it works in your country, but freedom of speech in Germany doesn't entitle you to dump your unsolicited advertisements on the property of others. I can see how they want to extend these laws to things like eMail-boxes as well.
      However, I don't see why they're targeting Amazon here. As I understand it, it's the people who use that share button who are to blame.

    84. Re:Seems like freedom of speech to me by antdude · · Score: 1

      "I don't give a shit." :P

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    85. Re: Seems like freedom of speech to me by prefec2 · · Score: 1

      No they habe not. You could say that in public. Your opinions are communucated by the media. There habe Bern hundrets of talk shows on the subject in the past years. Often it is you who do not want to talk to the media, which you call conveniently "lying media" (Lügenpresse). However, the only ones who come up with fairy tales in the subject are right wingers and fascist. BTW in most news media , for example the Zeit, you can post what you want in the comments. And many of you do so. Their comment are only removed when they can insult people or threaten them. So if you want to discuss something substantial please do so. However, I did not hear a coherent argument from your side. The only thing you do is having and spreading fear without providing a human solution. I will not give up human rights. And I will not shoot at unarmed people.

    86. Re:Seems like freedom of speech to me by Tom · · Score: 1

      Because there is a difference between one and one hundred. Even very small children who can't yet count till three intuitively understand that.

      The problem with spam is the sheer volume. It's a classic tragedy of the commons: If you allow one company to send UCE, you have to allow all of them, which - due to the cost being near zero - means all of them will do it, which means e-mail becomes useless.

      Actually, did someone put me into a time machine back to the early 90s? Why do I even have to explain that? I thought that discussion has long been concluded. I feel like talking to someone who just went "explain me that gra-vi-ty thing, again".

      --
      Assorted stuff I do sometimes: Lemuria.org
    87. Re:Seems like freedom of speech to me by Tom · · Score: 1

      I don't give a shit about what some asshole in marketing believes is the free speech of his company.

      Of course the solution is simple: Companies shouldn't have free speech. Free speech should be for people.

      --
      Assorted stuff I do sometimes: Lemuria.org
    88. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      You can just ignore it when Amazon asks if you want to share your purchase.

      Thats an answer to a question that has never been asked, not by the person you're answering to, nor by the article.

      Spam is percieved by the recipient, not whomever sends it.

      And by the way: How the heck did your response get marked insightful ? Its acually the very opposite of it.

    89. Re:Seems like freedom of speech to me by jandersen · · Score: 1

      Seems like freedom of speech to me

      What? People go to Amazon, click a button, thereby performing unpaid advertising work for the company, and that counts as 'speech'? Certainly not speech by the customer; nor indeed thought. It is advertising, carried out by Amazon and sent out unsolicited. It is clearly SPAM, and the involvement of a customer's click is merely a new way of finding addressees. Odious. Underhanded. Not speech.

    90. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      > "email provided to Amazon (...) without their consent"

      I don't think you understand how strings work. Next to illegal numbers, now we have illegal strings (emails) ?

    91. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Um, people, (well, they do qualify as homo sapien, but as Sheldon told Leonard, "but not of the same species" ... as us, um, people like Paris Hilton, any female Cardassian, I mean Kardashian...Reese Witherspoon in legally blond. BTW, if you haven't seen her in Freeway, rush out right now and do so.

    92. Re:Seems like freedom of speech to me by TheRaven64 · · Score: 1
      --
      I am TheRaven on Soylent News
    93. Re:Seems like freedom of speech to me by TheRaven64 · · Score: 1

      If the button did not exist, would the person have sent the message telling their friends about the purchase? If so, then it's hard to justify that it's spam originating from the company[1]. If not, then it's clear that Amazon is at least partially to blame for someone receiving unsolicited commercial email advertising Amazon.

      Did the email just contain a message from the person, or was it decorated with Amazon branding and 'click here to buy more stuff from Amazon' logos? If it just contained the message, then it's easy to argue that Amazon is just helping people communicate, if it contains Amazon advertising then it's much harder to argue that.

      [1] Iit may still be spam from the individual, of course - sending bulk commercial email to someone that you don't have a prior business relationship with is typically the legal definition of spam. It's still spam if you send an advertising email to all of your friends, though most people wouldn't mind too much if it's a one-off event.

      --
      I am TheRaven on Soylent News
    94. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Fuck you, your freedom of speech stops at my email box.

      Go ahead, *speak* as much as you like, but don't send me bits and bytes, that's not speech, that's a datastream.

    95. Re:Seems like freedom of speech to me by chthon · · Score: 1

      Interesting. Bill Gates' philanthropy is for sure conspicuous compassion.

    96. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      There is no censorship as in "everything you publish passes through a government agency which can remove parts of it without your consent". At most they can tell you to stop publishing something illegal, but they can't force or trick you into publishing a censored version if you don't want to.

    97. Re:Seems like freedom of speech to me by ACE209 · · Score: 1

      No - it's about unsolicited advertising

      The point is: your "friends" cannot decide that you want that advertising. Only you can.

      --
      "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."
    98. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      FYI, censorship is when, before you can publish anything, you have to get a government agency's seal of approval.

      It's not censorship if you can publish first, and then the courts decide whether you ran into one of the legal limitations, just as with any other law in a free society.

    99. Re:Seems like freedom of speech to me by AmiMoJo · · Score: 1

      I prefer to wait until I have the item so I can see if it is a POS and needs to be returned, before recommending it (or otherwise) to friends.

      The specific issue here is that email users have not requested for given permission for these marketing emails. Even if their "friends" provided their email addresses to Amazon, it is still a violation. In Germany the law requires that you seek permission to send people commercial emails advertising stuff (the commercial nature is key), and Amazon does not bother to check if the recipient pre-approved them.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    100. Re:Seems like freedom of speech to me by pla · · Score: 1

      Spam is percieved by the recipient, not whomever sends it.

      Funny thing about words - They actually have meanings that you don't randomly get to pick to support your entirely fatuous position.


      And by the way: How the heck did your response get marked insightful ? Its acually the very opposite of it.

      Because I would dare say that most of us can pull up our big-boy undies and just not click the "share" button. If your professional victimhood counts as the most interesting thing about you, however, I can see why you might not appreciate that possibility.

    101. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Seems like the common misunderstanding of what freedom of speech is, to me. Just because you have freedom of speech does not give you the right to spam.

    102. Re:Seems like freedom of speech to me by cayenne8 · · Score: 1
      On the rare instance I buy something and would go out of my way to recommend it to a friend.....

      I'd more than likely tell them the next time I saw them in person. I might email a link to them later if they were interested, but I can't see when I'd just automatically send email about products unless it was something we talked about while meeting in meatspace....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    103. Re: Seems like freedom of speech to me by OhPlz · · Score: 1

      You might be able to say things in public, but post on Twitter or Facebook or any of social media and it's quite possible that your commentary will be removed. The "right wing" isn't responsible for what happened in Cologne on New Year's eve. The "right wing" isn't responsible for women that are too afraid to go outside. No one is talking about shooting unarmed people except for the extremists sneaking in with the flood of economic migrants. Germany is poisoning Europe with its reckless immigration policies. We know in the latest attacks in Paris that at least one of them snuck in with "refugees" via Greece. Yes, people have reason to be afraid, and it is you who are ignoring the human rights of the German and European people.

    104. Re:Seems like freedom of speech to me by WallyL · · Score: 1

      Naw, this lawsuit occurred because the first person in the world actually clicked the link.

    105. Re: Seems like freedom of speech to me by baristabrian · · Score: 1

      If somebody spammed me with something as totally irrelevant as news about some waste-of-potential-productive-time video I would certain "unfriend" them---or something. Just saying.

      --
      -- "I'm not in a hurry; I'm in Hawaii." The Homeless Guy
    106. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Funny thing about words -

      Yes indeed.

      From your response I can see you can use it to make unsubstanciated claims, like "your entirely fatuous position" and put into words conclusions you grab outof thin air, like "your professional victimhood".

      You also seem to have understood absolutily nothing of the words, and with them the message you responded to.

      At best you're a troll. One step below that you're a moron.

    107. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Pretty much this. If I buy some nifty electronics, or something along those lines - like a paid of SBCs recently, I did share that information with someone - my brother. However, I shared it by writing him a damned email and linking to the product, telling him why I had selected it, and then telling him my plans for it - as well as asking if he'd like a couple, offering to buy them for him, and seeing if he'd like to help me out in my project or if he could think of anything to do with them.

      I also shared the x86 SBC from this site with him, just yesterday, except I didn't use the share damned button - I sent him an email linking him to the link in the article. Why? It's x86_64 which means it has some greater potential by default as there are more thinks already compiled for it, more OSes available without needing to futz with uBoot, no need to cross-compile or compile on the slower SBC, and probably greater OS support by default because, you know, x86...

      I share shit all the time. I just don't use share buttons or the likes. I don't have a Facebook. I do, I guess, have a G+ but I've never used it. I didn't ask for it, they just kinda gave it to me. I don't have any of those things. That doesn't mean I don't share. I just do it manually.

      I can't even say (nor can any of us) that we don't use social media because Slashdot is social media - up to, and including, friends lists, user submissions, journals, and ways to contact each other off-list. We even have public friend/foe lists. I just don't have Facebook or the likes. That and I've seen sites with a "share to Slashdot" link on 'em. I've probably never actually clicked one but I've seen them. What I haven't seen is a "Share to Slashdot Journal" button - I might actually take advantage of a button like that but I've never seen one. Hmm... It might be easy enough to write one?

      KGIII - on my phone, not logging in

    108. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      This is why Americans point out that most European countries do not have "freedom of speech". Your constitutions say you have it until your legislators say you don't. Our Constitution says we have it until the Government can prove to our courts that major harm to society will happen unless we restrict it. Both allow for limits but one is much closer to actual freedom than the other.

      Erm, what exactly is the difference between the two? The US government could ban certain classes of speech and it would require someone to take them to court to overturn it. Same thing applies in Germany/Europe, if you think that certain restrictions to speech are uncalled for then you can take it to court. If anything, speech is more free in Germany because if someone decided that they wanted to sue you, it would cost you less to defend yourself then what it would in the USA (as in, in the USA, you would have to pay for lawyer fees while in Germany you could get a public defender who can be any lawyer if you have a reasonable chance of success - loser pays the fees unless the loser happens to be indigent)...

    109. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      Umm... Dude, it's Germany. It's not like they have a history of doing bright things. In fact, they're rather famous for having done a whole lot of stupid things - literally, millions of stupid things. If we count individual bullets and bombs, we might even be up to billions of stupid things.

      It's not that my country hasn't done its share of stupid things - it's just usually doing stupid things at the behest of, or to repair the damage done by, others. Viet Nam? Fixing the French's bullshit. Iraq? That goes back the League of Nations. WWII? That'd be the German's stupid shit. WWI? Yeah, that's the German's fault - again. Well, they share the blame with Serbia and Austria/Hungry. Now the US Civil War was our own stupid shit but you could say we were fixing stupid shit left over by the UK. I guess that depends on how you look at it. Cuba? Fixing the Castro's stupid shit (poorly and not very effectively and stupidly). Banana Republics? Fixing the interference by the USSR, also fixing a corporation's stupid shit (again, poorly, ineffectively, and stupidly). The list goes on - mostly fixing other people's stupid shit, however. Just often being stupid about it in our own way. But, alas, still not quite on the scale of stupidity known as Germany...

      At any rate, it's GERMANY... It's not like they're not famous or anything for doing stupid shit - quite specifically in regards to freedoms. It's what they do. Did you expect Germany to suddenly start making *good* choices? Doing stupid shit is kind of their thing. Flailing about at the concept of rights, liberties, and freedom are things Germany has a history of not really understanding very well. In fact, they're so bad at it that the entire world has had to reprimand them - twice.

      After the last time, we were sick of fixing their stupid shit so we rebuilt them and then have kept them pretty well locked down and don't actually let them do a whole lot except for bluster and make stuff for us. Yes, this type of behavior by Germany is stupid shit, but that's exactly what Germany does. This is rather trivial stupid shit so we let them get away with it, lest they blow a gasket and bomb themselves, and their neighbors, into rubble - yet again.

      Put it this way, what do we call it when something is broken and doing stupid shit? "Oh, the computer? Yeah, it's on the fritz again." Hell, we still point to the Germans whenever we need to cite an example of a whole country engaging in stupid shit. It gets worse, who do we point out when we want to talk about the police doing stupid shit? The Gestapo... The Stasi...

      KGIII - not logging in, on my phone and watched the sun set and now sitting outside and enjoying a cigar. Also, I might be trolling, just a little. Maybe... Or am I?

    110. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 1

      I don't think of it as spam so much as UCE (Unsolicited Commercial Emails). To my mind, there's a difference. One is bulk, more or less at random, and the likes. The other, while similar, isn't bulk and is more targeted than spam. Does it matter? Not really. It's just Germany being stupid. It's kind of what they do. They're a little fuzzy on the idea of freedom, rights, and liberties. We more or less just don't let them do anything important, having had to rebuild them and deal with their insanity in the past. We kind of keep them locked down, let them feel important, and have them make us things that take time, dedication, and physical skill. We don't actually let them have any power, or anything like that, and we sure as shit don't actually let them do anything with a military without strict supervision.

      This? While it's a bit stupid - it's mostly harmless and it only bugs Amazon and similar companies. If it were actually going to really harm Amazon (or any other corporation) we'd probably smack the Germans around a little bit, maybe call them names, and just ignore them. This, however, is fairly trivial so we will let them get away with it. It's surely easier than listening to them whine because we disallowed it. It's not like they're trusted to be a sovereign nation really. We just kind of pretend so that they feel like they've got a seat at the adult table. Really? They're pretty much kept powerless and rightfully so. They've continually demonstrated that they're not allowed to /really/ sit at the adult table but we let them pretend. It's kind of like the fake steering wheels that we put on kid's car seats. They're easily fooled.

      We just don't let them too close to ovens, Jews, poison gas, or other dangerous things. I kind of expect that any "military" equipment that we do let them play with is actually set to not work with the push of a button. Again, it's a bit like the fake steering wheel. They honk the horn, make some noise, and think they're in control but when they turn the wheel nothing actually happens (thankfully).

      I'm still not logging in, it's nice out here and I don't log in when I'm on my phone.

    111. Re:Seems like freedom of speech to me by fazig · · Score: 1

      On the internet, without knowing the true intention of the participants of a discussion, it's often nearly impossible to tell trolling apart from actual stupidity.

    112. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 1

      You just need to find a way to do it "on a computer" and then you're all set for a patent. At least in my country... (I know - I got patents for doing things "on a computer" except, in my case, they were novel and new but, still - I only patented it to ensure I had protection, most of it was actually just kept a trade secret.)

      So, maybe you need to use video cameras and make it a chat room where you sit around and drink beer? Alternatively, you could share/like things (on a button) while using a computer AT the pub? You can have both those ideas, I bequeath them to you directly my good sir. If you should patent either, and make millions, then you owe me not a dime but it'd be nice if you'd donate a little to the EFF and, maybe, the ACLU and Red Cross.

      But, yes... You could like beers and share them (maybe even buy one) for a friend - all by use of a like/share button while physically at the bar. They could, of course, post to Facebook at the same time - or perhaps you could even video conference with another group of friends at another bar - and the share/like button could order that beer for them, at that bar, and automatically deduct the funds (and tip - if applicable) from your account.

      You just gotta be creative. That's not prior art, that's art created on your behalf and you have ownership of that idea now. Go forth and make millions! Thrive in the market and grow!

      Actually, done well - it might work. But, it's no longer my idea - it belongs to you. You can apply for the patent all you wish... Method for recommending and sharing a frosty beverage while engaged in recreation at an establishment designed for the consumption of food or beverages...

      Sadly, someone probably already has a patent.

      KGIII - still outside, on phone, idly chatting and reading, and still not logging in

    113. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      No, freedom of speech means the government is not in the business of deciding what is bullshit and what is valuable (from a speech perspective).

      The decision is trivial. If you didn't opt in, the sender is stealing a portion of your life by forcing you to deal with the issue.

      It's no different then kidnapping.

    114. Re:Seems like freedom of speech to me by KGIII · · Score: 1

      *snickers* Nah, I was trolling. I don't have the heart to troll without actually noting it. Well, not normally... That and I love to pick on Germany, it's just too fun as it has been my observation that they can get riled up pretty easily. (It's as if they have a history of that... *grins*)

      But yeah, it was trolling. Hopefully you knew better than to take me seriously. I've not only been to Germany, multiple times, but I enjoyed it there, liked the people, and really enjoy a number of vehicles (I'm an automobile aficionado - quite extremely so) from Germany. I've even gone to Germany and spent a whole lot of money taking lessons, hiring a coach, leasing exotics, and doing laps at Nurburgring. Actually, it wasn't *that* expensive - about 20k Euro and that includes hiring professional coaches, classroom time, and over a week of track days.

      Nor do I, obviously, actually harbor any resentment towards Germany for past events. Few people are alive today who were participants. Children are not accountable for the sins of their fathers. I was not alive during WWII and, I strongly suspect, you weren't alive then either. I don't think either of us are to blame and I'd like to think we've both learned that not engaging in that sort of behavior is a good idea.

      So, yeah, trolling - I just didn't have the heart to do so without actually noting it and making sure that it was known that it was me - and that I was, quite intentionally, trolling. While it's sometimes a great deal of fun - I just don't have the heart to do it seriously or without acknowledging my intent. I did, at one time, enjoy some fine German beers but no more - at least not often. I'd become a bit too adept at drinking so I had to stop.

      Another favorite of mine is to point out that Belgians have better beer than Germans. ;-) That's usually good for a rise in certain circles. But no, truth be told - I'm kind of fond of the people and the country is quite beautiful.

      --
      "So long and thanks for all the fish."
    115. Re:Seems like freedom of speech to me by fazig · · Score: 1

      I don't really care that much nationality related things.
      I just wanted to shed some light on the issue of freedom of speech here. When it comes to your private property, your freedom of speech supersedes that of others who might want to voice their opinion on your private property. If you do not like advertisements from certain individuals or groups on your private property, you're entitled to take legal action against them.
      It's not that dissimilar from the US. There you also don't have to allow someone to voice their opinion when they're on your property. You're within your rights to shoo them away or even use force. For example you've got the right to get rid of WBC protesters that are protesting on the lawn in front of your lawn (if applicable) if you do not agree with them. But once they're on public property, you're not allowed to censor their speech.

    116. Re:Seems like freedom of speech to me by KGIII · · Score: 1

      You raise some interesting points, which have some tangentially related matters, and I feel obligated to ensure that I give you an accurate reply. Unfortunately, this means that it is likely to be quite long. Please be aware of that beforehand but, rest assured, I'm legitimately curious and value your opinion. If I were trolling (and nothing in this should seem at all like trolling - I'd identify it, if it were) then I'd not put this much energy or time into it. You raise some interesting (and actually complicated) topics in just your small response. I'll offer an answer, as best as I can, but I'll have some additional questions for you and then I'll probably end this with some reasoning as to why I ask and why I might be confused with your answer(s).

      Please note, also, that at no point will I argue with your answers. Any opinions you hold, you are welcome to. There probably isn't a right or wrong opinion - just more or less correct implementations. We'll see where this goes. It's going to be long, you have been warned. ;-) In fact, if you're at all curious about my motives - you can skip straight to the bottom and have a peek. I am legitimately curious and value any insights you might have. I'm fond of learning from other people.

      While that's all noble and true, I'm not really sure that this is truly a speech issue and, if it is, I'm not sure who the speech belongs to. This isn't an automated thing. This is someone, a friend, who is putting your email in the box and saying to send you an email. Is this the fault of the company for enabling it? Is that a bad thing?

      I, personally, never make use of such things. Ever... The last thing I'm going to do (well, not really the LAST but you get the idea) is give my friend's address to someone else. I *do* share some purchases with people that I feel might be interested. It's not entirely uncommon for me to do so. However, i do so manually. "Hey bro, I just picked up this and I was wondering if you want me to grab you one or if you'd like to help me work on it?" (That sort of thing - I've a brother who has some similar technological interests.)

      So, I agree with everything you said as being factually correct - by the way. Is this a speech issue? Even if it is, every country (that I know of) has some limitations on free speech and that includes (usually) the right to ignore said speech. You have the right to speak. I have no obligation to provide you a method or to listen.

      Then, there's this... Is this a speech issue? I guess it could be - but then, if it is, who does it belong to? It was initiated by a person, facilitated by a company, and may be unwanted. Should it be blanket outlawed? Should it require opt-in? Should it require opt-out? Should each message provide a mechanism to opt out of future messages? (I think that's probably the most sane choice, to be honest.) What other options are there? Does it need blanket banning? Blanket banning, if a speech issue, does also ban it for those who would welcome these messages - so it is potentially infringing on those rights.

      Where's the sane place to draw the line? I'm sure there's room to draw a line, while still respecting rights and being reasonable. Is it not unreasonable to insist that there be a strict opt-out mechanism and that such is provided in each missive, in clear and easily understood language and with a reasonable action time and punitive responses for failure to adhere to said policies? Would that not be the more freedom ensuring mechanism as opposed to a blanket ban that limits those who might welcome such?

      So, if you want to make that point - I'll respond in-kind. I'm happy to have that discussion. Is it onerous to have to click opt-out in a single message if one wants? Is it a violation of your right to not be disturbed to have an invite to view a product that a friend recommended? Remember - as well, that these are not automated but are individually initiated by a person and not by the seller.

      Is it still a violation if it appears i

      --
      "So long and thanks for all the fish."
    117. Re:Seems like freedom of speech to me by fazig · · Score: 1

      I'll try to keep it short But I can make no promises.

      In this case, the entity who's delivering the message is partially to blame, even if the message was from a friend. For example it's a very common thing here to have a "no unsolicited advertisement" sticker on your physical mailbox. Which tells the entity who delivers ads, that you do not want them on your property. From my moral point of view, something similar as you've already mentioned (opt out or even better an opt in) would be absolutely sufficient in order to resolve this matter. And this is what I believe to be the consequence of this. Some mechanism where you opt in and then receive all those updates, similar to a newsletter, which is not considered to be spam.
      A blanket ban would not infringe those who welcome those ads. Since this is civilian law, a person who has been damaged or had their rights violated has to sue first. And if they do not chose to sue, it's none of the state's business. If a 3rd person chooses to sue on your behalf, but without your consent, they can't build a case, since no one was damaged. Just as with unwanted advertisements in your physical mailbox, usually the worst thing that will happen to the party that distributes unwanted ads are complaints. They might get some angry letters, faxes or phone calls. But virtually no one is suing about something that's so insignificant.
      I'm not sure how our courts would view something like a profile on facebook. As far as I know there's no precedent. But I suppose, as long as the messages stay on facebook and are not delivered to your private eMail box, it's not considered as spam. But again, I'm not sure here. Depending on the judges and lawyers, they may very well find some odd loopholes for this.

      Ultimately I'm not sure if this is much of a free speech issue. I was just replying to people who were trying to make it a free speech issue and pointing out that such an act would not be protected by free speech.


      Yes, I know that the laws can differ greatly from state to state.
      Here, where I live it's similar to what you're writing about Maine. Well, actually what I'm going to talk about here is federal law in Germany.
      I also do not have the right to use force in order to get rid of trespassers or even burglars for that matter. I've got to call the police. And that's how it usually goes down, when it come to trespassing. You ask them to leave and if they refuse, non violently, you call the police. Then they'll be removed and possibly liable for the damages they've caused, if there are any.
      I'm fine with this. I'm not a violent person and prefer a peaceful way of resolving a conflict.

      But there's something else that bothers me a lot. It doesn't matter if they're breaking into my house, destroy everything in their way and threaten my children. If I hit them and hurt them, in a situation that didn't call for it, then I'll be having my day in court. And there's no jury which may emphasize with my situation. On the contrary, it's likely that there will be lawyers which are making me look like the bad guy, for not inviting the burglars into my house (doesn't matter if they didn't even bother to ask first) and share some of my wealth, because those burglars had a very difficult childhood and whatever. God forbid if I dare to shoot them with the guns that I legally own (I do not own any guns at the moment). Doesn't matter if they're armed as that would only entitle me to defend myself with non firearms. Since I'm basically not allowed to have a loaded weapon in my house. Doing that would pretty much result in jail time, even though I only protected my family from someone who forcefully broke into my home. Pretty much the only scenario where I'd be allowed to use weapons, is when they're armed and shoot first.
      In fact what I'm supposed to do is retreating. Hiding, calling the police and wait until the burglars are long gone before they arrive. I'm not even allowed to capture the burglars by non violent means, like l

    118. Re:Seems like freedom of speech to me by Anonymous Coward · · Score: 0

      If one of my contacts sends me a message that I'd rather not have received, that's not your business.

      Yes, the anti-government crap is bothersome at times, but your pro-government crap is unbearable. Please think of others before posting such nonsense in the future.

    119. Re:Seems like freedom of speech to me by Plumpaquatsch · · Score: 1

      Seems like freedom of speech to me

      Funny, that's exactly what the SPAMers and telemarketers keep saying. Doesn't usually work in the US either.

      --
      Of course news about a fake are Fake News.
  3. Heil Amazon! by WillAffleckUW · · Score: 2

    Jawohl, mein herr!

    Fun fact: Amazon doesn't pay any taxes in Germany, they're all "profits" "realized" in Ireland.

    Where it pays no taxes too.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Heil Amazon! by Anonymous Coward · · Score: 0

      They have really clever tax accountants. I'm not German and my Amazon stock has doubled in the last 18 months so I'm not complaining!

    2. Re:Heil Amazon! by Anonymous Coward · · Score: 0

      Who gives a shit? If Irish laws make that possible, why wouldn't they make use of it?

    3. Re:Heil Amazon! by Anonymous Coward · · Score: 0

      Not so fun fact: this is the sort of society people have voted for.

      What people forget is that a government is just another corporation, but with the following limitations:

      1) A proprietary interest on all land within its jurisdiction, like a landlord - so, it is entitled to raise taxes in return for use of its property, like a landlord can charge for commercial transactions occurring on his land;

      2) Equal shares held by all citizens;

      3) Citizens cannot sell or buy more shares.

      This is an implementation of the ideal corporation - a cooperative - and other successful organisations in the UK such as the John Lewis Partnership follow a similar model.

      Note that a cooperative, including a government, is allowed to profit from some ventures and plough that money into R&D or other ventures. The only thing it doesn't do is promise a return to people merely on the basis of inserting capital.

      Funnily enough, one of the reasons Amazon is so successful is that it makes the promises of a profit-making corporation, but in practice re-invests and grows like a government/co-operative: This is, of course, sustainable.

    4. Re:Heil Amazon! by prefec2 · · Score: 2

      While the whole thread is off topic, it is problematic when states are not well funded because some people and companies can sneak out with their money. Actually, it is stealing from the public and it shows that such people or companies do not care about other or the effects of their actions. In short they behave sociopathic. It also shows that they hope that others pa their taxes, because without funding the sate will collapse and there will be no schools, no food stamps (USA) and no minimal income (EU), no health care for everyone, no drinking water, no roads, no police, no money. Therefore, it is important to pay your taxes. Especially the social services help to stabilize a country and society. .

    5. Re:Heil Amazon! by Anonymous Coward · · Score: 1

      I don't think Amazon has ever made any actual profits anywhere, it had a tiny profit last year, that's about it, so if your expecting to see "taxes" from Amazon, your out of luck. With that said, other than perhaps digital music, everyone in the EU still gets to pay VAT based on the country they are in, so "taxes" are still being collected from sales made on Amazon.

  4. Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 3, Informative

    Seems like freedom of speech to me

    All spammers could claim the same "freedom of speech" defence.

    Fortunately the world is not quite stupid enough to accept that as a valid excuse for what is very clearly unsolicited advertising.

    1. Re:Advertising is not a freedom of speech issue by Sqr(twg) · · Score: 1

      Fortunately German courts are not quite stupid enough to accept that as a valid excuse for what is very clearly unsolicited advertising. (FTFY)

      In many countries, free speech wins over consumer protection. A notable example is the USA, where "corporations are people".

    2. Re:Advertising is not a freedom of speech issue by ScentCone · · Score: 3, Insightful

      Fortunately the world is not quite stupid enough to accept that as a valid excuse for what is very clearly unsolicited advertising.

      It's not unsolicited advertising. If you don't like seeing communication that the friends and contacts YOU HAVE CHOSEN TO HEAR FROM are sending out through deliberate action on their part, then you simply have poor choice in friends and are trying to blame someone else.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Advertising is not a freedom of speech issue by MitchDev · · Score: 1

      After I ran out of points to upmod you with...

    4. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      It is solicited. Period. The person clicking the button is "soliciting" it. _You_ are soliciting it by following my inane, insipid god damn stupid social media account.

      And by "the world" you mean Germany (and probably other EU countries) which don't have freedom of speech anyway.

    5. Re:Advertising is not a freedom of speech issue by thoromyr · · Score: 4, Insightful

      in what way is the advertising unsolicited? the receiver did not ask their friends to spam them.

      You wouldn't by any chance represent a sales or marketing type, would you? I had to deal with a spammer for a while (as in, supporting his activities). Even though he was buying software to harvest emails to send unwanted and unsolicited email, he too found ways to justify his activities.

      What was particularly memorable was dealing with his complaints about his spam being filtered out as being spam. He insisted and swore up and down that it wasn't. Unfortunately for him, spam filters are pretty good these days and even if *he* as the *sender* didn't feel like it was spam, the rest of the world disagreed.

      So, yes, it *is* unsolicited advertising. I'm glad you don't have my email address because by the sound of things you wouldn't honor any request to quit fucking spamming me.

    6. Re:Advertising is not a freedom of speech issue by dave1791 · · Score: 1

      This case is about the share button, when you buy something and the court is getting its knickers in a knot about nothing.

      In German culture, it would be crude and crass for someone to put that into their social media feed or send an email. The number of people who do this kind of thing is astonishingly small. That they actually felt the need to forbid it is the odd part. Then again, it should not surprise me that they'd mandate social norms. You are not allowed to give you kid a nontraditional name.

    7. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      in what way is the advertising unsolicited? the receiver did not ask their friends to spam them.

      Do you break off friendships when your friends tell you about the new car they just purchased?

      Because you sound like a dick.

    8. Re:Advertising is not a freedom of speech issue by CanadianMacFan · · Score: 1

      It's not unsolicited advertising. It's an email from a friend that you don't give a shit about. Before Amazon provided an easy way for them to send the news of their recent order then they would have gone to their email client and sent you an email from there. You wouldn't have called that spam.

    9. Re:Advertising is not a freedom of speech issue by Anubis+IV · · Score: 1

      It's not unsolicited advertising. If you don't like seeing communication that the friends and contacts YOU HAVE CHOSEN TO HEAR FROM

      It must be nice living in the future. At least, I presume that's where you're EMPHATICALLY writing from, since here in the present, IMAP4 doesn't require that you Follow/Friend someone before they can e-mail you...which was one of the ways that this spam went out from Amazon.

    10. Re:Advertising is not a freedom of speech issue by ScentCone · · Score: 1

      It must be nice living in the future. At least, I presume that's where you're EMPHATICALLY writing from, since here in the present, IMAP4 doesn't require that you Follow/Friend someone before they can e-mail you...which was one of the ways that this spam went out from Amazon.

      The only time that such a message was produced in connection with a transaction at Amazon was when the person who BOUGHT the stuff at Amazon personally took the action of launching the notification to the people who follow them on social media. Amazon didn't dip into their mailboxes and spam anybody.

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:Advertising is not a freedom of speech issue by angel'o'sphere · · Score: 0

      Corporations 'are people' in basically every country I know.
      No idea what you want to say with that.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    12. Re:Advertising is not a freedom of speech issue by angel'o'sphere · · Score: 1

      A german court does not do this on his own accord (would an US court?), someone sued Amazon, thats all. And the court ruled: what Amazon is doing is the same as spamming, regardless that a customer is clicking the button and a social media is distributing the 'mail' which clearly comes from: Amazon.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    13. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      ... sending out through deliberate action on their part, then you simply have poor choice in friends ...

      So they should be on my black-list, like those friends who send restaurant food photos and airport selfies? How many of us do that? More important, how many of those photos are captioned "brought to you by Amazon"? (Change corporation name as needed.) You have a point but the sad truth is, we're not going to punish our friends for being corporate shills and narcissists.

      Most people complain how Amazon and other online shops demand we buy product X immediately after buying product X. Now they'll demand our money because a Facebook friend bought product X. I can't imagine anyone enjoying that. That may provide the very means of punishing corporate shills. In the meantime we have to deal with unwanted advertizing in our personal communiques. I'll give an example.

      Miley Cyrus wore strap-on breasts and a strap-on dildo for her performances. Such things can be bought from Amazon? I don't want Amazon telling me to buy a sex toy because a Facebook friend did. That's a narcissistic friend and a selfish vendor using my friend for profit. I have more reason to punish the vendor than my friend and there's fewer consequences punishing the vendor than my friend.

      We have no problem giving toy guns to boys and thus teaching them to kill. Why is 'warfare' for children, encouraged? Parents happily buy the same pretend weapon someone else bought. How many parents would buy a breast-feeding doll because someone else did? Why are bottle-feeding dolls encouraged when bottle-feeding a real baby isn't?

    14. Re:Advertising is not a freedom of speech issue by angel'o'sphere · · Score: 1

      So, then please explain me in your simple laymen words how a click of your friend on an Amazon web page leads to a 'mail' which you receive without involving Amazon sending that 'mail' to you?
      Magic?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    15. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      EU countries have freedom of speech. They just don't value it over human rights to the same extent as in the U.S.

    16. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      Since you're fucking retarded: It doesn't matter who _SENT_ the email (it was Amazon, obviously), it matters who _CAUSED_ it to be sent (the 'friend' who made a purchase with Amazon). The 'friend' solicited Amazon to send you the email on their behalf, ergo it is not unsolicited, even if you didn't solicit it.

    17. Re:Advertising is not a freedom of speech issue by kwbauer · · Score: 1

      From a guy who learns about court cases by reading blogs written by people with an agenda instead of reading court cases. The ruling you are referring to said nothing about corporations being people; it simply pointed out that corporations (especially corporations formed for the sole purpose of pooling money to make political speech) retain all the rights of the individual people that formed the corporation and directed the corporation to do something.

      The ruling also pointed out that all the idiot employees of left-leaning media corporations yammering on about how corporations should not be allowed to make political speech were being a bit hypocritical.

    18. Re:Advertising is not a freedom of speech issue by kwbauer · · Score: 1

      Yes, what the German court ruled is that a corporation has no right to ask a customer if the corporation should do some list processing on behalf of the customer. Everyone realizes that, even in Germany, rulings at that level are about legal principles and not about the two entities named in the case, right?

      Next up will be Microsoft and Google docs for providing mail merge functionality.

    19. Re:Advertising is not a freedom of speech issue by kwbauer · · Score: 1

      When you signed up for a social media account and said you were interested in seeing things that your friends posted, then yes, you solicited that communication. Do you have any clue what social media is and what it does?

      And if you were my "friend" and asked to be removed from my contacts list, yes, I would do that. As others have said, you have (had?) a crappy friend.

    20. Re:Advertising is not a freedom of speech issue by kwbauer · · Score: 1

      Obviously people are having trouble realizing that a person can actually ask another person to do something on their behalf and that sometimes the "person" being asked is just a machine. I guess Germany doesn't have realtors or any other form of sales agent.

    21. Re:Advertising is not a freedom of speech issue by kwbauer · · Score: 1

      In exactly what way is the ability to communicate with other humans not a human right?

      Exactly what category of right is freedom of speech if not a human right?

    22. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      If a friend spammed me, not only would they not be my friend any more, but I'd probably kick their ass and teach them some manners the next time I saw them.

    23. Re:Advertising is not a freedom of speech issue by Anonymous Coward · · Score: 0

      Seems like freedom of speech to me

      Nope. Freedom of "speech" is the freedom to make sounds with your mouth. It does not even cover the use of amplifiers (which is restricted) or other means of communications such as email (also restricted.)

      Technology that lets you reach "too many at once" makes you annoying, and therefore regulation exists.

      You're allowed to stand on your soapbox in public and talk to to a crowd. Free speech guarantee exactly that. Talking like that does not make you too annoying - those who don't want to hear your message can move away. Note that some jurisdictions won't even let you follow people around talking to them, if they aren't interested. It is annoying, so free speech stops there already.

      Email/facebook/web tecnology is not "speech", and therefore not protected by any "free speech rights". Much of it is legal anyway, but subject to various limits such as anti-spam laws. Websites may enjoy "free press" protection in some places - but not email. A website just sits there till you look, email seeks you out.

      "The free press" is not allowed to put "free ads" into my no-ads mailbox either. They can print whatever they like, they can not deliver whatever they like unsolicited.

      Germans have a free speech right to brag about what they bough on Amazon, but not through one-click bulk email!

    24. Re:Advertising is not a freedom of speech issue by Plumpaquatsch · · Score: 1

      Seems like freedom of speech to me

      All spammers could claim the same "freedom of speech" defence.

      Fortunately the world is not quite stupid enough to accept that as a valid excuse for what is very clearly unsolicited advertising.

      http://www.sci-tech-today.com/...
      MARCH 03 2008
      The Virginia Supreme Court has upheld the nation's first felony spam conviction. The ruling Friday decided Virginia's antispamming law does not infringe on the First Amendment right to free speech.

      --
      Of course news about a fake are Fake News.
  5. While they're at it by Anonymous Coward · · Score: 0

    As long as they're at it, why don't they ban Flat Design also? That would be really nice.

    Captcha: contempt

  6. is this REALLY the business of the government? by Anonymous Coward · · Score: 0

    Those "share" buttons are idiotic, and mostly idiots appear to use them, but I really don't want the idiotic government deciding for me whether I can push some idiotic button that sends an idiotic email on my behalf. It isn't like it's some automated process that happens automatically! It takes person X actively deciding to send this to his friend person Y.

    If you don't want to use this, just don't use it. It's that simple. That's what I do.

    If your friends are doing this to you, and you don't want them to, ask them not to, just like you'd do if they were sending you daily emails you didn't want about anything else.

    The last thing we need is government bureaucrats micromanaging the internet.
     

    1. Re:is this REALLY the business of the government? by Anonymous Coward · · Score: 0

      Manually sent spam is still spam. You can choose to use or not use the button, but the recipient has no way of opting out.
      Would you still argue against government interference if your "friends" started sending you 200 emails about "ch34p v14gr4" a day?

    2. Re:is this REALLY the business of the government? by Anonymous Coward · · Score: 0

      Yes. Because I can unfollow said "friend". Really what the fuck are you even talking about, reading some of the nonsense in this thread is just mind boggling. Manually sent spam by someone you know is not spam when you _opt in_ by following said person.

      Got, so much entitled whining. It's depressing.

    3. Re:is this REALLY the business of the government? by pecosdave · · Score: 1

      I found one of their "share this purchase" things so hilarious I took a screen shot.

      I bought a bunch of syringes for putting epoxy in fiber optic connectors. A perfectly legitimate purchase on the company dime but somehow "share this purchase with your friends and family" with a picture of a bunch of epoxy needles just seemed so wrong, hard to explain, and out of place I had to take a screen shot.

      --
      The preceding post was not a Slashvertisement.
  7. Probably badly translated by mseeger · · Score: 2

    Court verdicts are not easy to read, but they managed to garble it further.

    The verdict is not about sharing your purchases but the unsolicited sharing of offers from marketplace vendors.

  8. FB/Twitter is understandable, but e-mail? by ocsibrm · · Score: 1

    I don't think I've ever been so happy with a purchase that I felt the need to e-mail everyone in my contact list to let them know so I'm totally fine with that button getting removed. After all, that's what FB and Twitter are there for, bragging about dumb shit... Well that and reposting things that are easily disproved with 10 seconds of googling, at least if the average post from my extended family is any evidence.

  9. great... by roc97007 · · Score: 1

    So, when are they going to rule on all those pictures of meals on facebook. Like, yeah, wish you were here, but bring your AmEx black card.

    A little more seriously, awhile back a relative enabled some odious Netflix feature that posted cover art and a Netflix-generated synopsis of every title he viewed. He watched a *lot* of Netflix. Man, that was annoying. I just turned off any contributions from his account in my news stream. Other family members unfriended him. But the point is, features like this that are completely machine generated are highly obnoxious. I'm not sure banning them is the answer, because I don't believe people should be protected from their own antisocial decisions, but I could see it happening.

    I'm not sure why people would want this (amazon) feature anyway.

    "I just bought a Sony X950B on Amazon!" (Cool. Where do you live again?)

    Recent purchases:

    Sony BDPS3500 Blu-ray Player

    "Circle of two" unrated version

    60 count Horny Goat Weed Extract

    ...sounds like someone is having a party...

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    1. Re:great... by godrik · · Score: 1

      Exactly, it reminds me of the bad old (clearly not good old) "I am listening to Britey Spears - Baby One More Time.mp3" we use to see every 3 minutes on IRC.

      No one gives a shit...

    2. Re:great... by vux984 · · Score: 1

      I'm not sure why people would want this (amazon) feature anyway.

      "I just bought a Sony X950B on Amazon!"

      Heh, I've already seen it "ruin" Christmas gifts for a few people. Not due to the email spam, but the recently purchased items stuff etc.

      God forbid a whole household use the same tablets or laptops.

    3. Re:great... by roc97007 · · Score: 1

      Exactly, it reminds me of the bad old (clearly not good old) "I am listening to Britey Spears - Baby One More Time.mp3" we use to see every 3 minutes on IRC.

      No one gives a shit...

      Agreed. Except that, you have to feel a little sorry for someone so culturally bereft.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  10. Next up: Social media "likes"? by Entrope · · Score: 1

    If this counts as harassment and unsolicited advertisements, why not the junk that fills up my feed when a social media contact "likes" some commercial speech, and MyLinkedFace+ copies the original to what I see? I could get behind that kind of rationale to block the stupid viral content that I often see.

    1. Re:Next up: Social media "likes"? by LaurenCates · · Score: 1

      Or those stupid "what does this internet quiz say about you" things that people share because they want you to be as fascinated with themselves as they are.

      --
      Some people don't believe in fairies. I don't believe in The Patriarchy.
    2. Re:Next up: Social media "likes"? by rhazz · · Score: 1

      Because you opted in to seeing ads on social media, simply by signing up for it. When you sign up for an email account from say, Google, you are not providing consent to Amazon to send you advertisements even if your friends really think you want something.

    3. Re:Next up: Social media "likes"? by squiggleslash · · Score: 2

      Because it's not email?

      The only mention of Facebook, Twitter, et al above is in the description of the service Amazon provides. The court has only ruled ONE function of that service to be spam - the sending of that message via email.

      email is subject to a lot of anti-spam regulations in most of Western Europe and North America right now. This ruling shouldn't really surprise anyone. It'd be interesting to see whether Amazon's current emails actually comply with CAN SPAM (they probably do, it's a weak act, and largely based upon an opt-out view of the world, but that said, Amazon does have to provide an opt-out mechanism and honor it, without checking emails I've had from the service I can't say.)

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re: Next up: Social media "likes"? by Entrope · · Score: 1

      That makes no sense. If I opted in to see ads, I opted in. Whether they come direct from Amazon or via Google is immaterial.

    5. Re:Next up: Social media "likes"? by Anonymous Coward · · Score: 1

      Actually, in Denmark if you ask your Facebook "fans" to like something and promise them something in return (a lottery ticket for whatever you are selling), you are considered to be paying people to spam. The people who like your post is liable too.

    6. Re: Next up: Social media "likes"? by Kjella · · Score: 2

      That makes no sense. If I opted in to see ads, I opted in. Whether they come direct from Amazon or via Google is immaterial.

      No, the question is if there's a valid chain of agreements between the advertiser and the recipient. If Amazon buys ad space on Facebook and I have agreed through their terms of service to receive ads, the chain is valid. Obviously that right doesn't extend to Facebook users in general, if you sign up a spambot of course it's unsolicited because I agreed to receive ads but not from you. So did you in the friend request get explicit permission to send/forward commercial email to me? If not, then you don't have it at least in Germany. And that means Amazon doesn't have it either, you can't get my permission from my friend.

      Or the TL;DR version:
      Amazon <--- permission ---> Facebook <--- permission ---> you = OK
      Amazon <--- permission ---> Facebook "friend" <--- no permission ---> you = NOT OK

      --
      Live today, because you never know what tomorrow brings
    7. Re: Next up: Social media "likes"? by Entrope · · Score: 2

      That still doesn't make sense, unless you mean to say that my friends don't have permission to send me emails, which is clearly an untenable proposition. In this situation, Amazon is suggesting and facilitating the sending of an email by my friend, which is almost exactly the same as something showing up on my social event stream -- Facebook suggests and facilitates the "like" being sent, Amazon suggests and facilitates the "email" being sent.

    8. Re: Next up: Social media "likes"? by ACE209 · · Score: 1

      Only YOU can decide to allow advertising from a certain company.

      Your "friends" cannot make that decision for you. As simple as that.

      --
      "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."
  11. Disagree by Anonymous Coward · · Score: 0

    I can say and do anything I want with my social media accounts, and YOU have the right and ability to unfollow me if you believe it to be spam. The controls are there for you to use. And if my social media activity bugs you, then unfollow me.

  12. If one has a first amendment, that is by Impy+the+Impiuos+Imp · · Score: 1

    This is where a court needs to use the First Amendment to break necks of the government.

    Government deciding I may not tell friends about something? Ummmm, no.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:If one has a first amendment, that is by Anonymous Coward · · Score: 0

      That would be awful if that is what happened or even described in the summary.

  13. Opt-out by Anonymous Coward · · Score: 0

    Surely there's an opt-out option? If not, then it's spam.

    But it's not you sending it from your email or webmail client, it's amazon. That makes it spam, automated unsolicited email.

    1. Re:Opt-out by kwbauer · · Score: 1

      Uh, not exactly. If I direct Amazon to act on my behalf, it is me.

      Let's try this to see how hiring someone to act on your behalf still means that you did it. I don't like Joe. I don't like Joe so much that I hire Fred to murder Joe. Fred murders Joe. Fred gets caught and snitches on me. I do all of this in Germany. Does the German government all of a sudden realize that there is nothing they can do about me because I was smart enough to hire Fred or does the German government also claim I am guilty of murder? If this were to happen in the US, I would be guilty of the murder itself as well as the conspiracy to commit it and the hiring it out. Maybe in Germany it doesn't matter so they only get me for the conspiracy and hiring part.

  14. Europe by Anonymous Coward · · Score: 0

    Europe wonders why it has no tech innovation in the last 20 years. It's shit like this.

    1. Re:Europe by desdinova+216 · · Score: 1

      odd, I thought it was because of the **AA's

  15. Never use them. by Anonymous Coward · · Score: 0

    Not really interested in letting people know what I just bought.

    I do many times send the partial URL of a product I am looking at or have purchased when a conversation comes to that via email or IM, but I am the one creating the message, not Amazon.

  16. we ton't want thiz bisinez here! by Anonymous Coward · · Score: 0

    thiz amazon is killing our book shopz and this twitter is making our piple very nervös.
    stop thiz.

  17. Re:Bankrupt nation by Anonymous Coward · · Score: 0

    I saw this in the news as well, the 68% mess their credit up by age 30. There is a LOT of evidence a lot of consumer spending is on credit. In a WHOLE ECONOMY based on consumer spending. With 2/3 of the country having bad credit issues this seems like a real problem.

    68% of Americans destroy credit before age 30: Survey

    Mon Jan 25 2016
    6 Hours Ago CNBC.com

    Have you made mistakes regarding your credit in the past? That could haunt you ... for a long time.

    A whopping 68 percent of Americans make at least one major financial mistake, or "credit fumble," before turning 30, leading to a negative mark on their credit report, according to a Credit Karma survey.

    These mistakes include overspending on credit cards, missing payments, defaulting on a loan or having an account sent into collections, the survey found.

    The greater the offense, the longer it will reflect on your credit report, said Bethy Hardeman, chief consumer advocate at Credit Karma. In fact, it usually takes consumers seven to 10 years to erase negative marks from their credit, thanks to the Fair Credit Reporting Act.

    "I think what a lot of people don't realize ... is how a missed payment can stay on your credit," Hardeman said. "It can be one mistake that you don't think is a big deal that can cost you thousands in the long run."

    How you can avoid painful credit costs
    Credit is an important factor in determining what kind of loans consumers receive, as well as whether they are approved for an apartment lease, Hardeman added.

    The survey, released Thursday, found that 3 out of 4 respondents believed their credit-related mishaps have had a negative impact on their lives.

    "These early mistakes can have a lingering impact on the quality of people's lives, and we feel that with better, targeted education and learning tools for new-to-credit consumers, this cycle can be broken," Kenneth Lin, Credit Karma's founder and CEO, said in a statement.

    There are many reasons why someone may end up with a negative mark on their credit history, but the biggest one is lack of education, Credit Karma found.

    Just paid for your credit scores? Big mistake
    More than 50 percent of respondents said they had received their first credit card by age 21, but 72 percent said they had received no education about personal finances before going to college.

    Hardeman said consumers should know "the long-term ramifications before you take out a credit card or take out a loan."

    Consumers also need to understand how their overall credit works, said Sean McQuay, credit cards expert at NerdWallet.

    "Your credit shows how good you are at managing other people's money, not your own," he said.

    Credit score
    Four ways to improve your credit score
    One way consumers can regain proper footing on their credit is by applying for a secured credit card, McQuay said. "This gives you a chance to prove yourself ... and over time, you can apply for more traditional credit cards."

    Secured credit cards work just like any other credit card. The only difference is the cardholder has to put up a certain amount of money as collateral, and his or her credit line will usually equal the collateral's amount.

    However, McQuay also said the consumer needs to be mindful of the risks involved with secure credit cards.

    You need to have the cash on hand," he said. "Even $100 can be a lot of money for someone to just give over."

    For the study, Credit Karma and research firm Qualtrics surveyed 1,051 American adults ages 31 to 44 from late November 2014 to early 2015.

  18. If you dig deeper by tele · · Score: 1

    If you dig deeper, you'll find some more details about the reason behind the ruling. The problem isn't really the sending of the mail as such, but the fact that Amazon can collect the email addresses of non-clients and (maybe) use them in future marketing campaigns (aka spam). If these recommendation links on the Amazon website would open a "New Message" window in your own mail software instead, there probably wouldn't be a problem (but this would be a real challenge to implement across all platforms).

    1. Re:If you dig deeper by ledow · · Score: 2

      EU data protection law simply doesn't allow that.

      They do not have permission to email that address from the OWNER of that address. This is already well-established.

      But that doesn't affect anything like someone sharing on their own Facebook, via their own Facebook account. It's an entirely different process.

      You can't give someone else permission to email me or see my Facebook. Only I can do that. But that doesn't affect what you spam on your own timeline.

  19. Uhmmmmmm by Vinegar+Joe · · Score: 1

    Doesn't Germany have other more pressing issues to worry about than Amazon?

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:Uhmmmmmm by ACE209 · · Score: 1

      I know the article leaves the impression there was only a single court concerned with this.
      But of course this couldn't fool someone clever like you.
      In fact the Bundestag is in an ongoing three day meeting concerning the Amazon problematic.
      And even at work all meetings for the rest of the week are about Amazon.

      So - no - of course we have no more pressing issues.

      --
      "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."