[tor-relays] Registration of a Tor node at the German Bundesnetzagentur

Fabian Keil freebsd-listen at fabiankeil.de
Fri Jan 11 11:53:19 UTC 2013

Moritz Bartl <moritz at torservers.net> wrote:

> On 06.01.2013 20:20, tor-admin wrote:

> > If yes the law is pretty clear in § 6 that such a
> > service has to be registered at the Bundesnetzagentur if it is done 
> > commercially. 
> The second part of your sentence here is fundamentally wrong.
> In general, when German law uses the term "geschäftsmässig", most people
> wrongly think it translates into "commercially". It does not and instead
> as a rule of thumb translates to "anyone", even if you are not making a
> single cent out of what you provide.

I've been told a few years ago by a lawyer teaching "Internetrecht"
that this rule of thumb isn't commonly used anymore and was questionable
in the past anyway.

Of course that's just an opinion, but it's also my impression
that nowadays there's a lot less fear mongering about the
"Impressumspflicht" for private websites which was "popular"
around 2000 and was largely based on that interpretation.

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