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[FYI] (Fwd) FC: German railroad threatens Indymedia over links to "R

------- Forwarded message follows -------
Date sent:      	Thu, 25 Apr 2002 16:21:26 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: German railroad threatens Indymedia over links to "Radikal"
Copies to:      	info@indymedia.nl, maurice@bof.nl, medienbetreuung@bku.db.de
Send reply to:  	declan@well.com

Politech archive on ongoing dispute over "Radikal" site:

"German nat'l railroad readies linking-suit against Google, Yahoo"

Some "Radikal" mirror sites:
adikal/ http://www.cyberpass.net/radikal http://www.ecn.org/radikal/


Date: Thu, 25 Apr 2002 16:48:37 +0200
To: declan@well.com
From: Maurice Wessling <maurice@bof.nl>
Subject: Indymedia threatened by German Railroads

[The German Railroads are threatening Indymedia in the Netherlands
with a lawsuit to remove links to mirrors of the magazine Radikal.
Previously the Railroad company succeeded in forcing ISP xs4all.nl to
remove the original Radikal site and threatened Google with a lawsuit
to remove the links from their database.]


Indymeda.nl refuses to remove links to Radikal site despite being
summoned indymedia.nl, 24.04.2002 21:39

Press release

Indymeda.nl refuses to remove links to Radikal site despite being
summoned to do so by Deutsche Bahn (German Rail)

Tuesday 23 april the newsmedium Indymedia NL has received a letter
from a lawfirm representing Deutsche Bahn AG demanding the removal of
an internet page. The page in question contains some links to mirrors
of the -long defunct- german periodical Radikal. Two articles
contained in those mirrors have been the subject of a lawsuit last

DB objects to these articles because these contain instructions on how
to obstruct the heavily critized German nuclear transports. By way of
a judicial procedure, Internet provider XS4ALL has been ordered to
remove these pages from the homepage of one of its subscribers. After
this removal, many mirrors have sprung up all over the world. If the
Indymedia page containing links to th7ese mirrors is not removed
immediately, DB will sue, their letter states.

Indymedia NL adamantly refuses to comply with DB´s demand to remove
the links for the following three reasons:

Firstly the links in question do not directly lead to the disputed
articles, but to mirrors in which the articles are contained. The
articles therefore are at least three "clicks" away (from indymedia to
the mirror and from the mirror to the content page of the Radikal
editions and from there to the articles). Complying with this request
would mean jeopardizing the fundaments of the internet, since links
are the esence of this medium.

Secondly, Indymedia NL is part of a worldwide independent news
network, entirely produced by volunteers. Using the open publishing
system, anyone can freely publish his or her news in the form of text,
audio, video or photos. Principally Indymedia.nl does not want to
censor or prevent people from placing links to news sources. We
believe that everyone has the right to place links, notwithstanding
the content available through these links.

Thirdly, Indymedia NL thinks that conforming to the demand would
jeopardize the national and international freedom of the press, which
is the basis of every democratic system. The possibility for
censorship of hyperlinks in this way would have severe negative
consequences for relevant provision of information in all layers of
society (media, education, etc). Indymedia NL therefore calls for
support in this very fundamental issue. Indymedia stresses that the
issue is about references to freely available pages which are outside
of Indymedia´s responsibility.

Updates on this case will be posted on
The disputed webpage is at

Monetary donations can be directed to Dutch bank account
on behalf of Stichting SBIP, Amsterdam. Any form of legal expertise is
also very welcome.

More information:

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