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Comments:
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- on Fri 03 Apr 2009
- 07:57:31 AM UTC
Wait a minute
Not insulting your use of English, but it's really not clear what's going on.
Are you saying that someone is threatening to sue a WOT user for rating a site?
We're still rather crude here in the colonies (that would be the US), and I really don't get it.
Perhaps FlyAqua or somebody else fluent in German AND English could have you say it to him/her in German and translate for us.
Plus, I went to that link you provided and it was a .pdf in . . . German!
Sorry for being so dense, but if somebody could explain it in plain English it might help.
Are you saying that there's some kind of an injunction against a WOT user for making comments and this injunction prohibits that user from making further ratings?
And are you saying that WOT itself is somehow tied up in this?
Will try to read over your post again and see if I can get the gist, but right now I really don't have a clue.
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- on Fri 03 Apr 2009
- 09:20:55 AM UTC
point of threaten by a lawsuit
I have send private message to FlyAqua to review and comment my posting.
The point on the .pdf is :
Comments on WOT, a exact date until a special action has to take place and costs in forms of €. All the other stuff are german laws based on a section of the german civil law code you can stretch in every direction. Hurt of personal rights (§823 BGB) and endagering to get a credit (§824 BGB). Because of this laws they request to delete the comment until 03-APR-2009 12:00. If the comment will be not followed they will go to the curt.Than they state who is responsible for a illegal action has to pay the costs. Amount of controversity is 10.000€ therefore the lawyer can bill 776€ for his efforts.
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- on Sat 04 Apr 2009
- 04:22:16 AM UTC
expl
Hello,
thanks for your comment, soran, I simply can't always check all topics because here on this journey my online time is quite limited. I also could not read any comments below, so sorry if anything as already been said.
Despite all, it is a horrible thing. I don't want to give many judgements here, since I don't want to get myself into such a situation too. For that reason, EVERYTHING in this post is only my own opinion. (§5GG)
First of all, if mischaccc has only written his personal opinion, he should not have much to worry. He as the human right to tell his opinion.
I think $823BGB sais that who the life, the body, the health, the liberty, the property or another right of someone else illegally endangeres, has to pay him the value of the resulting damage. The actual law is on www.gesetze-im-internet.de. Well, I am not a lawyer, but I think everybody can make their own opinion about that.
If they just let him go if he deletes the comment, he'd probably better do that as he would not get into further trouble. If they still want money from him, I'd recommend immediately visiting a lawyer.
Have they told you what rights of theirs they see hurt?
Again, everything in this post is only my own opinion (§5GG).
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- on Fri 03 Apr 2009
- 07:59:00 AM UTC
Re: Lawsuits
Since all of us don't speak German, would someone care to explain who this Marco Born person is and what these websites are all about?
Also, is there a law in Germany that allows lawyers to simply send these notes? I mean, if there's no court order to back them up, what happens if you refuse to pay?
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- on Sat 04 Apr 2009
- 04:10:44 AM UTC
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As far as I know (and again, this is only my point of view and might not be exactly true, so again this is just my opinion):
If somebody gives damage to someone else, they can sue im in court. Because this is very expensive, a lawyer can simply ask him to pay/whatever.
If the payment is refused, they can still take you to court.
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- on Fri 03 Apr 2009
- 08:02:25 AM UTC
Unbelievable!
I'm really sorry to hear about mischaccc's troubles, thankfully this could not happen in my own jurisdiction. Its a real shame that a good contributor has been lost because of threats from dodgy site operators. I hope the (non-German) WOT community votes and comments on this guys site comprehensively... I did :)
Some good general advice on online privacy as well soran, thanks for that!
Cheers,
Nick -
- on Fri 03 Apr 2009
- 09:05:33 AM UTC
'Splain it please
Clearly you understand what this fellow is saying.
I'm totally confused.
"I hope the (non-German) WOT community votes and comments on this guys site comprehensively... I did"
At first I thought you were implying that "this guys site" should go green, but then I looked at the scorecard and saw that you rated it red.
So lemme see if I get this. This fellow mischaccc goes to the red rated site of Marco Born and makes a comment on it, somehow related to WOT, that is unfavorable (so I assume this Marco Born's site is either a blog or a forum that has a section for comments . . . haven't gone there yet . . . want to get in my sandbox to do it).
OK, so now this Marco Born fellow prevails upon an attorney to threaten a law suit against mischaccc for making unfavorable comments on or about his site.
Then mischaccc discontinues making ratings on WOT because of this threat.
Is that correct?
As I said, I'm totally confused. Please clarify.
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- on Fri 03 Apr 2009
- 03:04:36 PM UTC
unfavorable comments
Yes, that's right. He has done an unfavorable comment on WOT about this site. Therefore this threat to mischaccc and trejtho.
Sorry for confusing, but this law stuff is not in my daily vocabulary and in germany this is something like a own language. Not easy to understand and impossible to translate :-))
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- on Tue 20 Apr 2010
- 10:39:38 AM UTC
Freedom of Speech Compromise?
So now we can be sued for saying anything on the internet?
What happens if someone impersonates us?This is pretty much bull, its like I went to watch a crappy movie, make a crappy review, and then Warner Bros studio sue me for saying it sucked.
Is that whats happening here?
----------
dotSpiral: Talking in Pictures
Anraiki: Mangaka, Illustrator, Devigner, Aligner. -
- on Sat 04 Apr 2009
- 01:20:53 AM UTC
Who is really who..?
Anraiki: "What happens if someone impersonates us?"
Well, I wonder what would happen, if someone happened
to use "mischaccc" as username here or elsewhere..? -
- on Wed 08 Apr 2009
- 10:51:43 AM UTC
Welcome back Mishaccc
Welcome back.And if the German laws are like you say stick to anonymous ratings on the German sites so they do not know who you are.(G.O.M.with Honours).
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- on Thu 09 Apr 2009
- 02:40:33 AM UTC
But how can they know..?
mischaccc: "everyone could find me very easy."
But how can anyone know (and prove) that it's you, and not someone else..?
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- on Thu 09 Apr 2009
- 07:27:03 AM UTC
I know that he is ... ?
I know that's the real mischaccc because of his wording and I trust him ...
And if it was a fake so what . To end up with a sentence from "The bright side of life" (Monty Phytons) " You are coming from nothing you are going to nothing. So what you have lost .... nothing". -
- on Thu 09 Apr 2009
- 09:50:46 AM UTC
What I mean
http://www.youtube.com/watch?v=jHPOzQzk9Qo
keep on smiling
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- on Sat 11 Apr 2009
- 01:19:28 PM UTC
Where is he now..?
It seems that mischaccc's comments have gone...?
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- on Sat 11 Apr 2009
- 01:30:57 PM UTC
Re: Where is he now..?
It looks like he deleted his account after editing all his forum postings.
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- on Sat 11 Apr 2009
- 02:05:14 PM UTC
mischaccc
He has gone forever. He has received a second letter from "You-now-who-I-mean". It was to dangerous for him to stay. I the letter there were some details he could not have under all circumstances from mischaccc visible profile? Was there some data send from WOT to "You-now-who-I-mean". Think this will be larger attack against the German users of WOT if we are not covering strictly our identity. Hope that WOT is doing this as well. If not we will have a lot of cost notes and commends will be part of lawsuites. Or it's new business model for "You-now-who-I-mean".
On the other hand I have seen here some reputation for websites where obviously the owner has done the reputation with several accounts to "certify" his products. But if you are looking a little bit closer these comments are fictitious. And after I have written a comment for web site the user requested my ejection from WOT on my private message board. I the mean time I have dropped one comment to avoid further damage. -
- on Sat 11 Apr 2009
- 04:11:37 PM UTC
Re: mischaccc
Was there some data send from WOT to "You-now-who-I-mean"
We have never given out information about users to anyone and we're not planning on starting now.
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- on Sat 11 Apr 2009
- 04:16:16 PM UTC
Re mischaccc
That is good to know.I did not think you would anyway.mishaccc had his own website which he displayed on his scorecard and I think they traced him that way.(G.O.M.with Honours).
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- on Sat 11 Apr 2009
- 06:10:24 PM UTC
re: re: mischaccc
He was here, then he removed his account.
Then he "came back" (his username went from mischacc to anonymous back to mischaccc) - now he's mischaccc (not verified) and he removed his posts...BUT he hasn't removed his personal identity from or deleted posts on his jimdo page.
http://betrugshilfe.jimdo.com/impressum.phpwhat's up with all this?
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Against Intuition - gives us safety through Web of Trust.
WOT Community - gives us security through unity.
Thank you all
G7W {G.O.M}
http://g7w.net/ -
- on Sat 11 Apr 2009
- 06:44:55 PM UTC
Re. mischaccc
Site now reads;
The website www.betrugshilfe.jimdo.com will always remain closed. The website does not function anymore.
Always be on the Internet and do not take risks.
The free service has been discontinued. Neither applications nor registrations can be accepted.
The service is no longer reachable.
http://de.jimdo.com/user/betrugshilfe.jimdo.com -
- on Sat 11 Apr 2009
- 06:57:24 PM UTC
not so
click this:
http://betrugshilfe.jimdo.com/impressum.php
It is as it was...
I think the impressum.php still "works."
-------
Against Intuition - gives us safety through Web of Trust.
WOT Community - gives us security through unity.
Thank you all
G7W {G.O.M}
http://g7w.net/ -
- on Sat 11 Apr 2009
- 07:06:40 PM UTC
Probably forgot the .php
Probably forgot the .php file.
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- on Sat 11 Apr 2009
- 07:50:16 PM UTC
.php
He has not removed the 'impressum.php' but it looks as though the rest of the site he has been through and removed all of the content.
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- on Sun 12 Apr 2009
- 10:53:04 PM UTC
story
All the follwoing sentences is hopefully covered by §5 german civiil rights. The enemy is with us. I fear so.
@g7w : Seems to be a ugly story .As I have written before it's simply fear that he has. I have contacted him on Saturday after his emergency call on my message board. Second letter from "You-know-who-I-mean". 500€ are a lot of money for a young boy never or less also for his parents. But "You-know-who-I-mean" seems to be tradable. "Suspicously there is something wrong in his "bill of indictment"." Let's see what's going on in the next days. There are a some helping hands on the german site including TV and other possibilities.
check out http://www.nicht-abzocken.eu/news.php?readmore=236... with a translation tool. Than you will see what I mean.I will report further on.
"§5 german civil rights end's up here."
Threaten with a lawsuite because of WOT comments
mischaccc has decided to quit his support for WOT. He is a young boy from germany with more than 6000 ratings and comments here on WOT.
He send me a private message about the reasons for his decision.
User Marco Born alias Axtey has send to him a application for a restrictive injunction ("Unterlassungserklärung") with a cost note of 780 Euros for his comment on http://www.marco-born.eu . mischaccc has decided to delete this comment because of the cost note and the financial consequences for him.
The responsible lawyr is Andreas Neuber alias "Ein Wissender". This was a second time that mischaccc has received a application for a restrictive with a cost note.
Therefore my tip for german users.
Don't be visible to the public. Don't fill out any homepage, twitter account, flicr account, linkin, facebook, homepage addresses or something else on WOT that somebody is able to find out your real name. The good news : WOT will be handled serious by cheaters because WOT is endanger there business.
I have seen that a lot of the other sites are not able to find out a burglars. They are looking only for technical aspects like malware, viruses, trojans but they are not able to detect traps of subscriptions like humans and WOT is doing. You can find out the differences if you are using LinkExtend.
My second observation is now that these guys have to started to disagree qualified negative comments on there sides which are send out false informations about traps of duty of payment and add commentents like "This is a usefull side" what they are obvisously not. Sorry to say I also often didn't know what is truth and trusty and what is a fraud. But with the time you will see the pattern which will be used. Check out the mentioned sides on WOT and you will see what I mean.
Keep on fighting against burglars. Stay save and protected and invisible.
regards
Soran
P.S. As it seems other users (trejtho) are involved. How a cost note looks like can be seen here http://www.nicht-abzocken.eu/dokumente/aprilscherz... (caution German). But this no a april joke as the reaction of mischaccc proves.