Die Strafbarkeit der Verlinkung von Inhalten nach dem Kern- sowie nach dem Urheberstrafrecht

The development of the World Wide Web is a success story, perhaps as significant as the invention of letterpress printing. The breakthrough of this technology can be attributed to a simple, but powerful digital tool: the hyperlink. The linkage of data from two different sources, however, also enables the spread of unlawful, unethical or racistic content. In jurisprudential literature this issue was either examined from a perspective exclusively stemming from copyright law or from core criminal law. The author has taken on the responsibility to highlight parellels between those areas of law and to examine, whether conclusions can be drawn from the current rulings of the ECJ as regards core criminal law.