Felix Somm, the former head of CompuServe Inc’s German subsidiary who was indicted on charges of distributing child pornography last year, has been given a two-year suspended sentence in the landmark case. The conviction was handed down in a Bavarian court even after the prosecution team had changed its mind and argued for Somm’s acquittal on the grounds that at the time he didn’t have the power to control the distribution of the offensive images. The court took a hard line, however, with the judge ruling that Somm was guilty of complicity in 13 acts of distributing child pornography. Somm, who left CompuServe last July to set up his own consulting business, is also required to pay a DM 100,000 ($56,500) fine. The conviction came as a surprise to many following the case and has lead to speculation that the development of the internet in Germany will be negatively impacted as a result. The case marked the first time that an internet service provider had been tried for material carried over its network in Germany. Since the trial began, a law has been passed which states that service providers should generally not be held responsible for material that users distribute – providing they take reasonable measures to block such material. Lawyers for both the defense and prosecution are expected to appeal on behalf of Somm, as German law does not require the prosecution team to seek a conviction if the evidence points to the defendant’s innocence.
