TO/An: email@example.com CC/Pinged: firstname.lastname@example.org
http://lists.opensuse.org/opensuse-wiki-de/2011-06/msg00088.html = Am 20/06/11 13:37, schrieb Sascha Manns:
Henne Vogelsang email@example.com wrote at Monday 20 June 2011:
On 19.06.2011 19:31, Sascha Manns wrote:
Was möchtest du uns damit sagen Sascha? :)
Ich wollts nur forwarden, damit alle wissen, welche Frage schon gestellt wurde. Dann brauchen wir diese nicht nochmal stellen :-D
But is the question answered/the problem solved?
And if so in what way (I guess that we just need an imprint or that it would be at least more risky to have none than to have one).
1) Noboby may need an imprint/impressum/Benennung des Verantwortlichen (somehing where somebody named to be responsible in a specal way) if a case would be discussed under US-American law and to an US-American court (if I get it the question of applying law and competent court could not be parted under the US juristriction/ruling doctrin).
Just out of interest:
Would the US system of law/judges/courts really say that US-law shall not apply if some people in the US are acting in the USA to make a wiki mainly for other US citizens [mainly just natural persons/consumers] if the domain registered to a German company and the company's seat is not in the USA but there are (at least) three companies in the that holding with the seat in the USA and the companies of the holding are competing with other companies in the US market?
2) But back to practical reasoning:
But this is not a so interesting matter for me: as I live in the EU and in Germany I have first and foremost to behave (act or not-act/forbear/omit) in a way according to the German national and EU's pan-national systems of law.
And I think there are no international meta-rules for the applying system of law/jurisdiction (maybe apart from war-crimes).
In Europe we have at least an some (not complete) meta-rules for that: written law but with not many decisions of courts jet. They are usually called *Rome I* and *Rome II* after the place of that treaty and pan-national laws:
Most of the text of the law concerning the meta-rules about the cases in that national law may not apply are also existing in a binding form in other languages (amongst other language also in Englisch language):
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:01:...
Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007R0864:EN:NO...
with for example:
[QUOTE] Article 6
Unfair competition and acts restricting free competition
1. The law applicable to a non-contractual obligation arising out of an act of unfair competition shall be the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected. [..] [/QUOTE]
There is also some literature in English on that matter:
Rome II Regulation Pocket Commentary edited by Peter Huber ISBN (print) 978-3-86653-092-8 ISBN (eBook) 978-3-86653-902-0
about Torts/Delicts and Art. 5 Rome II .
I do not think that is worth the effort to try to reason and decide for all cases what law might be rated to apply if the case of an missing imprint would be brought before an court.
Better just to make an imprint (if somebody/some juridical person would be existing/will be existing that is/will be willing to take the responsibilities).
Have a lot of fun! Martin