I have a question, how do you deal with the fact that apps as well as homepages are subject to an imprint obligation (at least in Germany (TMG)).
I have published my first app on F-Droid and would like to create a website for it and have now stumbled upon the point that I would have to store an imprint on the website as well as in my app.
In general I have no problem with an imprint, but it bothers me that I have to give my full private address according to the TMG.
For this reason I would like to ask you how you handle this.
If this is the wrong place to discuss this, I apologize, I thought it would be right in this community.
Are you sure that you are required to provide an imprint? My understanding is that only persons who do something “geschäftsmäßig” need to provide an imprint. But I am not a lawyer, I don’t know what “geschäftsmäßig” means in practice.
The consumer portal provided by the Federal Ministry of Justice and Consumer Protection has a article about Imprints, with references to §5 Telemediengesetz and §55 Rundfunkstaatsvertrag.
The point is that the reasons for not having an imprint are to have a private or for family (limited group of people) website (I think the same with apps). But if I create an app and publish it on f-droid, this is suitable for anyone who wants it. Afaik, I need an imprint and all other apps (published by Germans) need it too.
With the imprint itself I have no problem, but I want to protect my personal address. I have no company or something like that.
@Licaon_Kter I think it’s a German problem, but I don’t know the law in other countries.
Hi, I am not a lawyer at all, but in my understanding you are not publishing an app in f-droid
You are publishing the source code somewere (github, gitlab, whatever…)
If f-droid is downloading the sources you publish, compiles them and makes them available to others, that looks like is fdroid who is publishing your app.
Don’t know how this interpretation could affect your case
HTH
Pere
Sorry, I thought you can read german since you asked for the legislations. My bad.
Telemediengesetz (TMG)
§ 1: This Act applies to all electronic information and communications services, [ . . . ]. This Act applies to all providers, including public bodies, irrespective of whether a charge is made for use.
§ 2: For the purposes of this Act
(1) A service provider is any natural person or legal entity that provides its own or third-party telemedia for use or provides access to use.
§ 5: General Information Obligations
(1) Service providers have to keep the following information easily recognizable, directly accessible and constantly available for business-like telemedia, which are usually offered for payment:
[ . . . ]
(2) Further information obligations under other legal provisions shall remain unaffected.
Staatsvertrag fĂĽr Rundfunk und Telemedien (RStV)
§ 55: Information obligations and information rights
(1) Providers of telemedia that do not serve exclusively personal or family purposes shall keep the following information easily recognizable, immediately accessible and permanently available:
name and address as well as
in the case of legal entities, also the name and address of the authorized representative.
The issue is that Apps fall under the TMG as soon as they serve content to the user (which is the main purpose of a app)
One could argue that publishing the app here is far beyond “exclusively for personal or family purposes”.
Furthermore, the mere possibility for the app to generate income on the market is enough to require a imprint. The provider doesn’t have to generate income with it.
While it might be true that F-Droid could be considered the publisher, it’s questionable to say that F-Droid is also the service provider.
