The real problem here is that after all these years the German law still has no concept of this thing called "The Internet". According to German courts the internet is something like a newspaper (sometimes a TV show or a mail-order catalogue) that gets published every time someone watches the page. And that is the real problem here, they apply laws that were made decades ago to regulate something completely different to the internet. That is what leads to highly idiotic and often contradictory court decisions. This specific case is just one example of many.
Another far worse example is that some courts (I'm looking at you here, OLG Hamburg) think that someone hosting a forum is responsible for everything posted in this forum, even if you remove it the second someone complains about it. Of course easily offended lawyers know this and will sue you in Hamburg.