Project Gutenberg is no longer fully blocked in Germany

Works are "gemeinfrei" (approx. "public domain") 70 years after the author's death, or 70 years after publication for non-natural persons holding a copyright (e.g. corporate copyright).

What you might think of is that there's no official way for an author to release works into the public domain in Germany.

That, and the life+70 idea, comes from the personality rights angle that underlies German (and other European) copyright: Personality rights are protected for 70 years after death, probably under the assumption that everybody who cares deeply about a person (instead of being potentially offended in some abstract sense) is also gone by then. Works are considered an embodiment of the personality of their author, and so they receive the same kind of protection. Just as you can't give away your personality rights, you can't give away all rights to your work[1]. Their commercial value, while more important these days, played a secondary role in the creation of this concept.

In comparison, the Anglo-Saxon copyright tradition (based on Statute of Anne of 1710[2]) cares primarily about protecting the commercial value and exploitation rights of the works, with little concern about how "remixes could attack the honor of the author"[3] or anything like that.

[1] Of course you can trade away commercial exploitation rights.

[2] https://en.wikipedia.org/wiki/Statute_of_Anne

[3] To paint the German position with a very broad brush

This has literally always been the case. Some nations have legal statutes that they will not enforce a foreign judgement against their own citizens (such as the US shield against UK libel judgements) but you're on your own if you leave your country of residence. Plenty of US newspapers still block access to the UK of stories they feel legal risk from for example, because their owners would like to go on holidays sometimes.

Extra territorial enforcement is a lot more muddy than people think, but it's never, ever been the case that you're fine if you're incorporated in a different territory. If they can demonstrate that there's a body of people in their country accessing the site, then generally you are liable. It's just if the legal system considers that to be too much of a pain to worry about.

>If so, does it mean that, as a hypothetical website owner, I need to understand and be compliant with every law in every possible country, or risk fines / imprisonment?

By the letter of the law, yes. The idea of a borderless internet never had specific legal standing, it's just largely a convention on non-enforcement.

They explain their rationale for this and it is a very sound one, it is not about the difficulty to block, it is about opening themselves to lawsuits. Here is the relevant quotes:

> Because the German Court has overstepped its jurisdiction, and allowed the world's largest publishing group to bully Project Gutenberg for these 18 books, there is every reason to think that this will keep happening. There are thousands of eBooks in the Project Gutenberg collection that could be subject to similar over-reaching and illigitimate actions.

> [...] There is every reason to fear that this huge corporation, with the backing of the German Court, will continue to take legal action. In fact, at least one other similar complaint arrived in 2017 about different books in the Project Gutenberg collection, from another company in Germany.

I agree with their assessment, once the German court decided that all international treaties and public domain basically don't exist, and decided that German courts have jurisdiction over the US, it means that ALL works on the project are equally "illegal" (or at least many, they can't know which ones), and therefore nothing on the whole site is safe to be accessible in Germany. Their only option was to block the whole site or open themselves to uncountable other lawsuits (and limitless amount of punitive damages).

As to how they reopened the site for Germany now, I can only speculate, but I imagine that in the settlement they somehow got some kind of assurance from the big publishers that they won't sue and seek punitive damages for other works. With that the project decided that the risk of lawsuit is now low enough to allow for opening for Germany.

Hmm... it's not exactly "new" if it's older than the unified German state...