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Court rules internet access a basic right
Published: 25 Jan 13 11:10 CET | Print version
Online: http://www.thelocal.de/sci-tech/20130125-47553.html
A top German court ruled this week that people can sue their internet providers for damages if their connection fails. Access to the internet had become a basic right, the country's justice minister said.
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While amounts have not been finalized, the court said that it would likely not be large sums and that if a customer had a smartphone with internet access, the payout would be even less.
The court compared the situation to when a car owner claims damages after an accident. They may usually claim around 40 percent of the vehicle's worth from the party at fault. This would be around the same for internet users but of a monthly tariff payment.
Behind the ruling is a case put forward by a man who was cut off from the internet when his provider was purchased by another firm. He could not access his internet for two months due to an administrative error.
He took 1&1, the telecom firm which bought out his original provider, to court and demanded €50 a day in damages for each day he could not get online, use his landline or his fax machine.
The court decided that he was within his right to claim damages for the internet. But his mobile served as a replacement for his landline and fax was not a daily necessity.
German Justice Minister Sabine Leutheusser-Schnarrenberger said that the ruling showed “how fundamental the internet has become for an informed life.” And that the decision was a recognition of the fact that using the internet was a basic right in Germany.
DAPD/The Local/jcw
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Your comments about this article:
Hopefully this will give the user a little more clout, but here in Germany, Iam not so sure,service is an oxymoron here.
Recenly, KD extended their services out here for fast internet and HD cable capability. However, we are stuck in a contract that provides horrible service. DT has no regard for its customers.
However, this is not about rights, it is about contractual agreement. As usual some judge is barking up the wrong tree when applying "his" interpretation of the law. A basic right, he has opened the flood gates....H IV, prisoners and well anyone without........
Anyone else notice what is wrong with the above?
Then I will tell it says a top German court ,not the top German court so , next week another top German court can over rule and give the providers the whip hand again .
It is the same as a article in the local :Parents not liable if kids download illegally
Published: 16 Nov 12 07:47
Yet other courts are ignoring the ruling and are still fining parents .
I will as again could the "local" look into this and provide some clarity .
That said, now that internet service has been a declared right, can we expect free WiFi from hotels???
You pay me and I'll come around and take your broadband router away for however many days you would like. Would that give you the same experience?
The service at first seems ok,They came in but a small box on my cabel connection and a wifi router, works super.
ichbines... When I lost my service for a week , It was not a pleasant experience.