of 25 July 2002

On 22 May 2002, the University Senate of the University of Oldenburg adopted the regulations for the private use of the Internet and the Intranet at the University of Oldenburg* in accordance with § 96 para. 1 sentence 1 NHG in the version of 24 March 1998 (Nds. Law and Official Gazette p. 300), last amended by Art. 8 of the law of 14 December 2001 (Nds. Law and Official Gazette p. 806).

- Official Notices of the University of Oldenburg 3/2002, p. 182 -

§ 1 Principles

1. The University authorises members, affiliates and external library users to use its computer and network structure for private purposes to a minor and reasonable extent. In individual cases, co-operating institutions may also be permitted use. Private use may include any use of information and data in the form of offering/providing, such as the provision of web pages, as well as the retrieval of data both within the intranet and the Internet, and the use of communication services, such as sending emails and chat.
2. Admission to use the university's network structure is granted to students upon enrolment, otherwise it can be granted on proposal. The proposal must be submitted to the University Computer Centre or, in the case of using the public Internet workstations in the library, to the University's Library and Information System. Any commercial use is not permitted.
3. The provision of private information with no official reference on the university's official web pages is not permitted.

§ 2 Use during working hours

The private use of computer and network structures by staff members is generally not permitted during working or official hours. If there are urgent reasons for this, private use may also be permitted during working or official hours in exceptional cases and to a minor extent.

§ 3 Obligations of users

1. The rules of these regulations must be observed when using the Internet privately.
2. Users are obliged to comply with the statutory provisions. In particular, the regulations on the protection of personal data, copyright and licence rights, personal rights and criminal law must be observed. According to the German Criminal Code, propaganda for unconstitutional organisations, the dissemination of racist ideas or pornography, theft, alteration or other manipulation of data and programs as well as insult and defamation are punishable by law. Details can be found in the appendix (status: April 2002).
3. Web data areas may not be made available to third parties (persons or organisations) for use. Users may only work with the user ID assigned to them as part of their admission. Other user IDs and passwords may neither be determined nor used.
4. Users are obliged not to gain unauthorised access to the information of other users and not to pass on, use or change information of other users that has become known to them without authorisation. Individual users may be excluded in the event of non-compliance.

§ 4 Data protection

Data on access to web pages may only be stored in order to compile anonymous access statistics or to enable the domain of the accessing system to check access authorisation. However, the collection and storage of such data is permitted if the consent of the person concerned has been given in accordance with the Lower Saxony Data Protection Act.

§ 5 Responsibilities of the information providers

1. The respective provider of information is responsible for the content provided. This responsibility also extends to compliance with legal regulations.
2. The responsibility for the content of a website also includes, to a limited extent, hypertext references to other documents. The latter must be checked to ensure that they fulfil the legal requirements. If this is clearly not the case, the reference in question must be removed or omitted. Other links contained in the referenced document do not have to be checked.
3. If content is provided on web pages, these must be provided with an imprint containing the name and address of the person responsible for the content. Additional requirements arising from the current version of the Teleservices Act must be observed.

§ 6 Exclusion from use

1. Users may be temporarily or permanently restricted or excluded from using the computer and network structure if they culpably violate the user regulations or statutory provisions or if the University suffers disadvantages as a result of other unlawful user behaviour. In particular, the inappropriate utilisation of the University's capacities can be counteracted by appropriate restrictions.
2. Measures in accordance with paragraph 1 should only be taken after a prior unsuccessful warning. The person concerned must be given the opportunity to comment.
3. Temporary restrictions on use decided on by a body authorised by the Presidential Board shall be lifted as soon as the reason for the restriction no longer applies.
4. A permanent restriction of use or the complete exclusion of a user from further use can only be considered in the event of serious or repeated violations if proper behaviour can no longer be expected in the future. The decision on permanent exclusion is made by a body authorised by the Presidential Board. Sanctions under service and labour law remain unaffected by this.

§ 7 Liability

1. The University accepts no liability for the system running error-free and without interruption at all times. Possible loss of data due to technical faults and access to confidential data by unauthorised third parties cannot be ruled out.
2. The University accepts no responsibility for the accuracy of the programmes provided. Nor is the University liable for the content, in particular for the accuracy, completeness and currency of the information to which it merely provides access for use.
3. The user is liable for all disadvantages incurred by the University as a result of misuse or unlawful use of the user authorisation or as a result of the user culpably breaching his or her obligations under these web regulations.
4. The user shall indemnify the University against all claims if third parties assert claims against the University for damages, injunctive relief or in any other way due to abusive or unlawful behaviour on the part of the user.

§ 8 Entry into force

These regulations shall enter into force on the day following their public announcement.

Appendix to Section 3 (2) of the Regulations for the Private Use of the Internet and Intranet at the University of Oldenburg by Members, Affiliates and Third Parties

The following appendix contains some particularly important regulations that must be observed when using the Internet. The regulations are current as of April 2002 and may change after the regulations come into force.

§ Section 96 UrhG

1. Unlawfully produced copies may neither be distributed nor used for public communication.

§ Section 97 UrhG Right to injunctive relief and damages

1. Anyone who unlawfully infringes copyright or another right protected under this Act may be sued by the infringed party for removal of the impairment, for injunctive relief if there is a risk of repetition and, if the infringer is guilty of intent or gross negligence, also for damages. Instead of damages, the infringed party may demand the surrender of the profit that the infringer has made by infringing the right and an accounting of this profit.
2. Authors, authors of scientific publications (§ 70), photographers (§ 72) and performing artists (§ 73) may, if the infringer is guilty of intent or negligence, also claim monetary compensation for damage that is not pecuniary damage, if and to the extent that this is equitable.
3. Claims arising from other statutory provisions remain unaffected.

§ Section 106 UrhG Unauthorised use of copyrighted works

1. Anyone who reproduces, distributes or publicly reproduces a work or an adaptation or alteration of a work in cases other than those permitted by law without the consent of the authorised person shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. The attempt is punishable.

§ Section 108 UrhG Unauthorised interference with neighbouring rights

1. Anyone who, in cases other than those permitted by law, without the consent of the authorised person

<dir>

1. reproduces, distributes or publicly reproduces a scholarly edition (Section 70) or an adaptation or alteration of such an edition

2. utilises a work that has been omitted or an adaptation or alteration of such a work contrary to Section 71

3. reproduces, distributes or publicly reproduces a photograph (§ 72) or an adaptation or alteration of a photograph,

4. utilises the performance of a performer contrary to sections 74, 75 (1) or (2) or section 76 (1),

5. exploits a phonogram contrary to section 85,

6. exploits a radio broadcast contrary to section 87,

7. exploits an image carrier or image and sound carrier contrary to §§ 94 or 95 in conjunction with § 94,

8. utilises a database contrary to section 87 b subsection 1,

shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

</dir>

(2) The attempt is a criminal offence.

Explanations:

In principle, the publication of works that were not created by the author is not permitted. Only the author, i.e. the creator of a work, has the right of publication. Works protected under copyright law also include scientific essays, photos, graphics, melodies, databases, computer programmes and similar.

As a rule, only the form is protected, not the idea itself, so that the works of other persons may be used when formulating one's own work, provided that the principles of proper citation are observed. However, caution is also required when quoting. According to § 51 UrhG, quotations from other people's works are generally permitted, but only if they serve to explain your own statements. The use of other people's illustrations to explain texts is only permitted if the illustrations are intended to clarify the ideas revealed in the text and contribute to the understanding of the text. The use of third-party illustrations is not permitted if the text accompanying the illustration merely explains the illustration.

As a rule of thumb: The quotations may not make up the main part of the new work, but may only be used to an insignificant extent to explain the new work.

§ Section 202a StGB Spying on data

1. Anyone who, without authorisation, obtains for themselves or another person data which is not intended for them and which is specially secured against unauthorised access is liable to a custodial sentence not exceeding three years or a monetary penalty.
2. Data within the meaning of paragraph 1 are only data that are stored or transmitted electronically, magnetically or otherwise not directly perceptible.

§ Section 303a StGB Data alteration

1. Any person who unlawfully deletes, suppresses, renders unusable or alters data (Section 202a (2)) shall be liable to a custodial sentence not exceeding two years or to a monetary penalty.
2. The attempt is punishable.

Explanations:

The offences under § 202 a StGB and § 303 a StGB essentially cover the acts carried out by hackers.

§ Section 184 StGB Distribution of pornographic writings

1. Whoever

   offers, provides or makes available

   pornographic writings (§ 11 para. 3) 1

   . to a person under the age of eighteen,

   2. exhibits, displays, presents or otherwise makes them available in a place that is accessible to persons under the age of eighteen or that can be viewed by them,

   3. offers or provides them to another person in retail outlets outside of business premises, in kiosks or other sales outlets that the customer does not tend to enter, in mail order or in commercial lending libraries or reading circles,

   3a. by way of commercial rental or comparable commercial granting of use, except in shops that are not accessible to persons under the age of eighteen and cannot be viewed by them,

   4. by way of mail order,

   5. offers, announces or advertises to the public in a place that is accessible to or can be viewed by persons under the age of eighteen, or by distributing writings outside the course of business with the relevant trade,

   6. allows another person to receive it without being requested to do so by that person,

   7. shows it in a public film screening for a fee that is charged wholly or mainly for this screening,

   8. produces, procures, supplies, holds in stock or undertakes to import in order to use them or items derived from them within the meaning of numbers 1 to 7 or to enable another person to make such use of them, or

   9. undertakes to export in order to distribute them or items derived from them abroad in violation of the criminal provisions applicable there or to make them publicly accessible or to enable such use,

   shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.

2. Anyone who distributes a pornographic performance by radio is also liable to a penalty.
3. Anyone who distributes pornographic writings (§ 11 para. 3) which have as their subject matter acts of violence, the sexual abuse of children or sexual acts between humans and animals shall be liable to a custodial sentence not exceeding one year or a monetary penalty,

1. distributes,

2. publicly exhibits, displays, performs or otherwise makes available or

3. manufactures, procures, supplies, keeps in stock, offers, announces, advertises, imports or undertakes to export in order to use them or items derived from them within the meaning of numbers 1 or 2 or to enable another person to make such use,

shall be liable to a custodial sentence of between three months and five years if the pornographic material involves the sexual abuse of children, otherwise to a custodial sentence of up to three years or to a monetary penalty.

4. If the pornographic writings (section 11 subsection 3) in the cases referred to in subsection 3 have as their subject matter the sexual abuse of children and if they depict an actual or realistic event, the penalty shall be imprisonment from six months to ten years if the offender acts commercially or as a member of a gang which has formed an association for the continued commission of such offences.
5. Any person who undertakes to procure for himself or a third party the possession of pornographic writings (§ 11 para. 3) which deal with the sexual abuse of children shall be liable to a custodial sentence not exceeding one year or to a monetary penalty if the writings depict an actual or realistic event. Any person who possesses the writings referred to in sentence 1 shall also be punished.
6. Subsection 1 no. 1 shall not apply if the person authorised to care for the person acts. Paragraph 1 no. 3a shall not apply if the offence is committed in the course of business with commercial borrowers. Paragraph 5 shall not apply to acts that serve exclusively to fulfil lawful official or academic appointments.
7. Section 73d shall apply in the cases referred to in paragraph 4. Objects to which an offence under paragraph 5 relates shall be confiscated. § Section 74a shall apply.

§ Section 86 StGB Dissemination of propaganda material of unconstitutional organisations

1. Any person who disseminates propaganda material 1.

   of a party declared unconstitutional by the Federal Constitutional Court or of a party or association which has been incontestably determined to be a substitute organisation of such a party,

   2. of an association which has been incontestably prohibited because it is directed against the constitutional order or against the idea of international understanding, or which has been incontestably determined to be a substitute organisation of such a prohibited association,

   3. a government, association or institution outside the territorial scope of this Act which is active for the purposes of one of the parties or associations referred to in numbers 1 and 2, or

   4.

   distributes

   propaganda material which, according to its content, is intended to perpetuate the efforts of a former National Socialist organisation

   in Germany or produces, keeps in stock, imports or exports it for distribution in Germany or abroad or makes it publicly accessible in data storage devices, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. Means of propaganda within the meaning of paragraph 1 are only those writings (Section 11 paragraph 3) whose content is directed against the free democratic university charter or the idea of international understanding.
3. Paragraph 1 shall not apply if the means of propaganda or the act serves the purpose of civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on current events or history or similar purposes.
4. If the offence is minor, the court may refrain from imposing a penalty in accordance with this provision.

§ Section 130 StGB Incitement of the people

1. Anyone who 1.

   incites hatred against sections of the population or incites violence or arbitrary measures against them

   in a way that is likely to disturb public peace

   or

   2. attacks the human dignity of others by insulting, maliciously denigrating or slandering sections of the population is liable to

   a custodial sentence of three months to five years.

2. A custodial sentence not exceeding three years or a monetary penalty shall be imposed on anyone who 1

   . publishes writings (Section 11 para. 3) which incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or a group referred to above,

   <dir>

   a) distributes,
   b) publicly exhibits, displays, performs or otherwise makes available,
   c) offers, gives or makes available to a person under the age of eighteen or
   d) manufactures, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use them or items derived from them within the meaning of letters a to c or to enable another person to make such use, or

   </you>

2. distributes a performance of the content referred to in number 1 by means of broadcasting.

3. A custodial sentence not exceeding five years or a monetary penalty shall be imposed on anyone who condones, denies or trivialises an act of the kind described in section 220a subsection 1 committed under the rule of National Socialism in a manner that is likely to disturb the public peace, either publicly or in a meeting.
4. Paragraph 2 also applies to writings (section 11 subsection 3) with the content specified in subsection 3.
5. In the cases of subsection 2, also in conjunction with subsection 4, and in the cases of subsection 3, section 86 subsection 3 shall apply accordingly.

§ Section 131 StGB Depiction of violence

1. Any person who disseminates writings (section 11 subsection 3) which depict cruel or otherwise inhuman acts of violence against human beings in a manner which glorifies or trivialises such acts of violence or which depicts the cruelty or inhumanity of the act in a manner which violates human dignity,
   1. disseminates
   2. exhibits, displays, performs or otherwise makes available to the public,
   3. offers, provides or makes available to a person under the age of eighteen, or
   4. manufactures, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use them or items derived from them within the meaning of numbers 1 to 3 or to enable another person to make such use,
   <dir>

   shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.

   </dir>
2. Any person who broadcasts a performance of the content referred to in paragraph 1 shall also be punished.
3. Paragraphs 1 and 2 shall not apply if the act serves to report on current events or history.
4. Paragraph 1 no. 3 shall not apply if the person authorised to care for the person is acting.

§ Section 185 StGB Insult

Insult is punishable by imprisonment of up to one year or a fine and, if the insult is committed by means of an assault, by imprisonment of up to two years or a fine.

§ Section 187 StGB Defamation

Any person who, contrary to his better judgement, asserts or disseminates an untrue fact in relation to another person which is likely to disparage or discredit him in public opinion or jeopardise his credit shall be liable to a custodial sentence not exceeding two years or to a monetary penalty and, if the offence is committed in public, in a meeting or by disseminating writings (Section 11 (3)), to a custodial sentence not exceeding five years or to a monetary penalty.