[kde-community] Using software created by KDE and KDE-related communities/companies for KDE infrastructure

Martin Konold konold at kde.org
Sun Oct 19 06:43:48 BST 2014


Am Mittwoch, 17. September 2014, 20:46:40 schrieb Ingo Klöcker:

Hi Ingo et al.,

> On Wednesday 17 September 2014 18:17:14 Christian Dávid wrote:

> > > the KDE e.V. would most likely become an email provider (according
> > > to German law). And being an email provider in Germany comes with
> > > lots of legal requirements and responsibilities.

> Among others, I think the Telemediengesetz (or whatever it's called
> nowadays) applies. I got my "knowledge" mostly from reading the c't.
> Please ask a lawyer for details / more information.

The TMG applies to KDE in general and especially to its website but not to 
email especially but in general. E.g. it handles the obligation for an impress 
and responsibility for links etc. on the website or forum or user provided 
comments.

All obligations with regards to data retention are explicitly cancelled in 
Germany.

As long as the number of contracts is below 10.000 there is also no need to 
have an instance of automated surveillance equipment. (see also 
Telekommunikations-Überwachungsverordnung (TKÜV) according to § 88 TKG)

Of course a court can decide that the complete email communication of an 
individual user must be handed over.

I would really prefer to finally ask the KDE lawyer to clarify on this subject 
as I am tired of repeating myself over and over again.

Yours,
-- martin




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