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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 week.
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 these 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
 http://www.indymedia.nl
The disputed webpage is at
http://www.indymedia.nl/2002/04/3281.shtml
Monetary donations can be directed to Dutch bank account 56.03.59.349 on behalf of Stichting SBIP, Amsterdam. Any form of legal expertise is also very welcome.
More information:
 info@indymedia.nl
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