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German Killers Sue Wikipedia To Remove Their Names

Jason Levine writes "Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Now that they are out of prison, German law states that they can't be referred to by name in relation to the killings. Therefore, they have sued to get Wikipedia to remove their names from the Wikipedia article about the killings. The German edition of Wikipedia has already complied, but the English edition is citing US freedom of speech and a lack of presence in Germany as reasons why they don't need to remove the name. In a bit of irony, their lawyer e-mailed the NY Times: 'In the spirit of this discussion, I trust that you will not mention my clients' names in your article.'"

859 comments

  1. Get your lawyers ready /. by Interoperable · · Score: 5, Funny

    You just referenced their names in relation to the killings.

    --
    So if this is the future...where's my jet pack?
    1. Re:Get your lawyers ready /. by sonamchauhan · · Score: 1

      What for? The US is not a member of the EU yet

    2. Re:Get your lawyers ready /. by Divebus · · Score: 2, Insightful

      I don't care what their names are. What are they doing out of prison?

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      Most of the stuff on /. won't survive first contact with facts.
    3. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Uhhh,,,,maybe they served their prison sentences.

    4. Re:Get your lawyers ready /. by TheRaven64 · · Score: 2, Interesting

      No, Slashdot referenced their names in relation to their lawsuit, which is entirely different...

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      I am TheRaven on Soylent News
    5. Re:Get your lawyers ready /. by feyhunde · · Score: 4, Interesting

      What's even better is the German Wikipedia article now mentions the dispute and links to the NY Times Article without naming names on their page...

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      I'd say more, but my guild is raiding.
    6. Re:Get your lawyers ready /. by Alphathon · · Score: 4, Informative

      What does the EU have to do with anything? It's a German law, not an EU one.

    7. Re:Get your lawyers ready /. by Daniel+Dvorkin · · Score: 4, Insightful

      I don't care what their names are. What are they doing out of prison?

      They did the crime, they served their time. What's so hard to understand about that?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    8. Re:Get your lawyers ready /. by Majik+Sheff · · Score: 3, Insightful

      If they did their time they'd be buried in a state-owned plot with a small placard to mark the spot and this whole discussion would be nonexistent.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    9. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0, Flamebait

      I don't care what their names are. What are they doing out of prison?

      They did the crime, they served their time. What's so hard to understand about that?

      No they haven't, since when is 19 years an acceptable sentence for ending someones life out of pure malice? And why does the German government protect a killer's identity? If they didn't want to be known as murderers, they should've tried y'know, not murdering someone.

    10. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Divebus lives in Texas. nuff said.

    11. Re:Get your lawyers ready /. by LKM · · Score: 5, Insightful

      Since when is it your job to tell Germany how to apply its laws? Your moral disagreement is irrelevant to the discussion. They were tried under German law, served their time in Germany, and are now allowed to continue their lives. If you think that is wrong, move to Germany and change the laws, but don't advocate just ignoring the laws.

    12. Re:Get your lawyers ready /. by EvanED · · Score: 2, Interesting

      I'm with you 100% on the murder comment; I don't think anyone (let's ignore minors for a sec; that would open a whole ball-of-wax) who commits 1st degree murder (which this sounds like) should get less than lift-without-parole.

      However, the goal of the law in more general terms is actually a pretty good idea. Reducing recidivism rates requires that people who get out of jail actually have a shot at getting a decent job and continuing on with their life. Having a criminal background can make this very difficult.

    13. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 1, Funny
      Consider the alternative...

      " In a bit of irony, their lawyer e-mailed the NY Times: 'In the spirit of this discussion, I trust that you will not mention my clients' names in your article.'"

      If a major media organization were to run a story about a long-forgotten 1990 murder, and that they weren't going to mention any names, they'd still get sued... by Glenn Beck.

      Catch-22. Tell the truth about a couple of convicted murderers and get sued by some German dude for naming names. Omit the names and get sued for libel by a guy who wears a Nazi costume on the front of his book. Damned if you do, damned if you don't.

    14. Re:Get your lawyers ready /. by buswolley · · Score: 4, Informative

      Wolfgang Werlé and Manfred Lauber are convicted murderers.. didn't you know? they're assho|es

      --

      A Good Troll is better than a Bad Human.

    15. Re:Get your lawyers ready /. by jopsen · · Score: 5, Informative

      Germany is in EU, we don't execute people here... Personally I would find that sort of behavior rude... :)

    16. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Exactly. Also, the German judicial system is more about resocialization than locking people away.
      (Yes, I'm aware it doesn't alway succeed)

    17. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Same-same. There are no real countries there anymore.

    18. Re:Get your lawyers ready /. by DarkOx · · Score: 0, Troll

      The goal is wrong. As a general rule rehabilitation does not work; incapacitation does. Here in the states the crime rate really started to rise quickly in the sixties and seventies, when we started reducing sentences and emphasizing rehabilitation over the incapacitation model we had in the fifties and prior.

      I don't know about Germany but here in the states if you want to reduce violent crime and serious property crime there are three things that need to happen. We need to decriminalize very minor crimes like drug possession and distribution, to free space in our prisons. We need to criminalize drug use destroying the demand side of the market. We need to make sentencing for all types of crime far more severe; lock up the dangerous folks especially and lose the keys.

      --
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    19. Re:Get your lawyers ready /. by Ironsides · · Score: 4, Insightful

      If you think that is wrong, move to Germany and change the laws, but don't advocate just ignoring the laws.

      Can we apply that same rule to this case, which would keep the killers name in the wikipedia article?

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    20. Re:Get your lawyers ready /. by jipn4 · · Score: 0, Flamebait

      They did the crime, they served their time. What's so hard to understand about that?

      They committed a vicious, bloody murder. It's legitimate to ask whether 16 years in prison is enough time for that.

    21. Re:Get your lawyers ready /. by jimicus · · Score: 1

      It would be more accurate to say that nobody's yet come up with an even remotely reliable form of rehabilitation. If such a thing can exist, it certainly isn't prison.

    22. Re:Get your lawyers ready /. by Ironsides · · Score: 2, Insightful

      Studies have shown that life in prison and the death penalty have a 0% recidivism rate. /sarcasm

      That said, I do agree that one purpose of the prison system should be reform. However, hiding what someone has done in the past doesn't necessarily help the people they are around or to reform them. In fact, hiding somones criminal past can make it easier for them to comit crimes again. Say, a convicted imbezzler working with large amounts of cash? The question between balancing the protection of the public vs. the convict continuing their life is an interesting balancing act. I think Germany has gone a bit too far towards the convict in this law.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    23. Re:Get your lawyers ready /. by cbreak · · Score: 1

      How did you come to that ridiculous conclusion?

    24. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 3, Interesting

      according to the wikipedia article, they were sentenced to life in prison. they were released on parole after 15 years; by one common definition of parole, they have not yet served all their time, but are being allowed out early.

    25. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      We need to decriminalize very minor crimes like drug possession and distribution, to free space in our prisons. We need to criminalize drug use destroying the demand side of the market.

      In which part of fantasia do you live that you don't realise that prisons are the best places to get access to drugs? Putting all addicts together in prisons would only make it easier for the dealers. But maybe that's exactly why you want to decriminalise them?

    26. Re:Get your lawyers ready /. by Shimbo · · Score: 2, Insightful

      If they did their time they'd be buried in a state-owned plot with a small placard to mark the spot and this whole discussion would be nonexistent.

      Funny how some people, for all their preaching, have have a blind spot on the most essential human right of all.

    27. Re:Get your lawyers ready /. by mikael_j · · Score: 2, Insightful

      Nice attempt to troll but that bit is getting old, try to give it a little freshness by perhaps giving examples (no matter how marginal and irrelevant) of how US states are more independent from the federal government than EU member states are from the EU.

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    28. Re:Get your lawyers ready /. by roguetrick · · Score: 1

      I'm so glad nobody listens to you.

      --
      -The world would be a better place if everyone had a hoverboard
    29. Re:Get your lawyers ready /. by haeger · · Score: 5, Insightful

      The EU countries, unlike some other countries, are civilized ones and here we don't execute our citizens.

      --
      You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
    30. Re:Get your lawyers ready /. by dwye · · Score: 1

      > Studies have shown that life in prison and the death penalty have a 0% recidivism rate. /sarcasm

      Actually, that is wrong. Here in PA, there was a rapist and murderer, Stanley Haas, who still managed to kill a guard and another prisoner while in solitary confinement. As the death penalty laws had been set aside during that period, all that could be done, each time, was to put him back in solitary and hope that he would reform (I think that he died of cancer, eventually). The death penalty only works after it is applied.

    31. Re:Get your lawyers ready /. by honkycat · · Score: 1

      We need to decriminalize very minor crimes like drug possession and distribution, to free space in our prisons. We need to criminalize drug use destroying the demand side of the market.

      Dude! Wait.. what?!

      Think your logic through again here. Even ignoring the highly debatable questions of whether drug use should be illegal or is a cause of violent crime, that makes no sense. Criminalize use while decriminalizing possession and distribution? "No officer, I didn't use any of it, I was just holding those three kilos for my, uh, friend." "Ok, move along." Sorry, either drugs are a problem that should be criminalized or they're not. Splitting hairs like this is not going to improve anything for anybody.

    32. Re:Get your lawyers ready /. by the_womble · · Score: 1

      The EU has mechanisms for enforcing one states judgements in another state. I assume the US has too: I am guessing that you could not escape a judgement against you is California because you are in Texas. I am not quite sure how EU rules will apply in this case, but the do have things like EU wide arrest warrants.

    33. Re:Get your lawyers ready /. by Jesus_666 · · Score: 1

      Yet.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    34. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      You know, it is possible to surrender your rights, even that one. My feelings are that if you commit murder, you give up your right to life.

    35. Re:Get your lawyers ready /. by QuoteMstr · · Score: 2, Insightful

      People like you tarnish the global reputation of the country we share, and policies like the ones you advocate erode our human dignity. We already punish crimes too severely. We lock up more than one out of every hundred people. That's savage. There aren't anywhere near that number of dangerous people: no culture is that twisted.

      Our attitude toward crime is one of punishment, punishment, and more punishment.
      What you'd get out of our losing the keys isn't a rational sense of safety, but rather the visceral satisfaction of seeing people punished, of the great balance sheet in the sky being corrected. If people like you had your way, we'd feed criminals to lions in Giants Stadium, then impale their bodies on the flagpoles outside the United Nations. You'd have us openly embrace exploiting of criminals for economic gain and sadistic pleasure, and thereby turn us into monsters. We're not so far away now, after all: we think of repeated rape as a normal part of a prison sentence, after all, and joke about it.

      Well, I refuse to be part of that.

      We don't need harsher sentences. Two-decade sentences are just as effective as longer ones. Either way, a large chunk of an offender's life is wasted, and that waste is enough disincentive. While there are people that have compulsions, and that need to be separated from society, you need a different arrangement. But there are vanishingly few of these people, and prison isn't the right place for them: these irredeemable people need psychiatric help. Even among murders, the vast majority don't belong to this category.

      As for your crime wave: there was a massive crime wave 1920-1939. What your 1970s crime wave and that one had in common is that both happened when economic conditions really went sour for a lot of people. The 1920s saw wealth increase, yes, but wealth disparity between the rich and poor also skyrocketed. Then the 1930s happened. In the 1970s, we had stagflation, and then for the past thirty years, we've pursued policies that have greatly increased the gap between rich and poor. Is it any wonder crime is on the rise?

      You know, it's really fucking sad when a man has so little hope, so few prospects, and so little education that he thinks it's a good idea to turn to mugging, robbery, and gangs as a way of life, of providing for himself, and of giving us life meaning. Happy people who have a chance of raising a family and growing old don't do those things. Desperate people do. And while individuals might fail society, it's even more true that society has failed these individuals.

      And all that doesn't even take into account the people locked up for the so-called "crime" is enjoying certain recreational drugs. See, when you take a perfectly ordinary person and stick him in prison, you do two things. First, you expose him to the dregs of society. More seriously, you make him a pariah who, when released, goes on to enter crime culture because he's been excluded from respectable society. When you put harmless people in jail, you create harmful crime.

      But not for you. On the planet you live on, all criminals are irredeemably wicked, and all crime is the result of personal flaws. You'd have us suppose against all reason that anyone who commits a crime is a worthless sub-human who deserves to be locked up forever.

      What if you were reduced to such desperate straits that you felt crime was your only option? What if you snapped one day and acted on one of the illegal scenarios we all briefly entertain? Would you judge yourself to be a sub-human, beyond retribution and worthy of the harshest treatment? Or would you judge yourself to have made a mistake, one that you might rectify later? No? Well, everyone is just like you.

    36. Re:Get your lawyers ready /. by Jesus_666 · · Score: 1

      Yeah, that's going to work well. Hey, maybe you can up your inmate numbers from 1% of all citizens to 2% or even 5%!

      I think you should adopt the Judge Dredd model and get rid of all noncapital punishment. And never ever come to Europe.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    37. Re:Get your lawyers ready /. by AmiMoJo · · Score: 1

      "What does the EU have to do with anything? It's a German law, not an EU one."

      It shouldn't have anything to do with it, but in practice you can be arrested for breaking the law of a country you are not in. Fredrick Toben was arrested in London because he had been tried in his absence in Germany for holocaust denial. Holocaust denial is not a crime in the UK. He was eventually freed by a court, but the very fact that he was arrested on an EU wide warrant for a crime which is not actually a crime in most EU countries is worrying in itself.

      In theory a Wikipedia editor living in the EU but not in Germany could be pursued with an arrest warranty for breaking the law of a country they have never set foot in. To me that seems wrong.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    38. Re:Get your lawyers ready /. by AmiMoJo · · Score: 1

      It's not 0% if you include crimes committed by people with nothing to loose against other inmates.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    39. Re:Get your lawyers ready /. by ravenshrike · · Score: 1

      Go ask Massachusetts

    40. Re:Get your lawyers ready /. by ravenshrike · · Score: 1

      Ah, but you see in the '60s and '70s we began to make so many more things illegal. After all, the State had to have an excuse to exercise their power, and given the general recalcitrance of Americans, this meant making more and more things illegal with which to have a 'legitimate' excuse to control them.

    41. Re:Get your lawyers ready /. by MakinBacon · · Score: 3, Insightful

      Since when is it your job to tell Germany how to apply its laws?

      Since when is it Germany's job to tell Wikipedia how to censor its content?

    42. Re:Get your lawyers ready /. by NewsWatcher · · Score: 1

      Well, a pretty pessimistic attitude.

      Not only can rehabilitation work, as the legions of successfully reformed criminals shows, but I think it shows a level of maturity in a society when rehabilitation is considered as an option over 'lock em up and forget em'.

      As an example, look at the civilised way Norway reacted when two children murdered another, compared to the hysterical overreaction in Britain when James Bulger was killed by two children.

      Years down the track, I know I would prefer to live next to the Norwegian children, who were treated via rehabilitation, compared to the Bulger killers, who were locked up for long periods before ultimately being released.

      I think the death penalty is the signature of a society too stupid to realise that you don't teach people life is sacred by taking it away. If you need any further proof of this, take a look at the homicide rate in countries that have the death penalty, as compared to those that don't. You could also look at homicide rates in the US states with the death penalty, compared to the rate in those that don't.

      In Canada the number of people murdered has declined since the death penalty was abolished. In 2007 (the most recent figures I could find), there were 594 homicides in Canada, 159 fewer than in 1975 (one year prior to the abolition of capital punishment), after a long trend downwards.

      As for Germany's laws on suppression of criminals' names, I disagree with it because I believe in free speech. Nevertheless, this call to have them killed I think is just barbaric.

      --
      If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
    43. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Uh the fact that you can even contemplate the idea of US states being more independent than the EU members says a lot about how much independence EU members have at present. Realistically, it seems like the EU is following the US model 200 years later - EU governance seems to resemble the US under the Articles of Confederation to a fair degree. I would imagine that how rapidly we transitioned to our current setup would have EU drooling and national governments nervous.

    44. Re:Get your lawyers ready /. by NotBornYesterday · · Score: 1

      Since when is it Germany's job to tell the US how to apply the First Amendment?

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    45. Re:Get your lawyers ready /. by ImYourVirus · · Score: 1

      Brainwashing.

      --
      Why is common sense called that if it's not common?
    46. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      How did you not? Fucking idiot.

    47. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      How about the fact that it inconvenienced my life?

    48. Re:Get your lawyers ready /. by Teun · · Score: 1
      But (the present) flamebait mod is quite appropriate, the civilised world doesn't support institutionalised murder a.k. as capital punishment.

      In other words; only the non-civilised would contemplate reciprocal killing.

      Personally I'd like to give killers a little more time (life?) to consider their actions while keeping them in lock-up.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    49. Re:Get your lawyers ready /. by Z00L00K · · Score: 1

      Some laws are more stupid than other laws too.

      But it's really stupid to actually pull off a thing like this since it will just cause them to be permanently remembered.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    50. Re:Get your lawyers ready /. by Kjella · · Score: 2, Insightful

      Rude would be if I called you ein verdammter Idiot, it could be seen as either justice or cruelty but never rudeness I think. Personally, I think there are people that are beyond redemption and should be given life without the possibility for release, but I'm against the death penalty on the principle that courts are fallible. We know there has been cases where people convicted to death later have turned out to be innocent, of course nothing can really give them back the 20 years in jail either but then you can at least do something to correct your mistakes.

      --
      Live today, because you never know what tomorrow brings
    51. Re:Get your lawyers ready /. by Majik+Sheff · · Score: 2, Informative

      That's the funny thing, because I never said anything about killing them. A life sentence (a real one) would have exactly the same outcome I described.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    52. Re:Get your lawyers ready /. by Ian+Alexander · · Score: 1

      It's worth noting that there is some debate in the penology field as to whether or not the higher crime rates experienced in the sixties and seventies had more to do with problems of rehabilitation in general, or with problematic approaches to rehabilitation that were adopted.

    53. Re:Get your lawyers ready /. by Ciggy · · Score: 1

      Here in the states the crime rate really started to rise quickly in the sixties and seventies, when we started reducing sentences and emphasizing rehabilitation over the incapacitation model we had in the fifties and prior.

      Congratulations on obeying the first rule of assumed consequences.

      Or to put it another way:

      "June 25, 1962, the Supreme Court has ruled that school prayer and Bible reading shall cease in all public school systems. It is now official; God has been removed from the classroom in the United States of America."

      along with your

      "Here in the states the crime rate really started to rise quickly in the sixties..."

      would suggest that it was the banning of "school prayer and Bible reading" at the beginning of the sixties that caused the crime rate the rise.

      So which is it? The change in sentencing or the change in religious observance? Or both; or neither and something else entirely different, or was it just one of the factors, along with many others which if one was missing would make a little, but not much reduction in the crime rate?

      [Sorry, after reading "How to lie with Statistics" by Darrell Huff, I have to question every statistic, and statistical conclusion (eg regression) presented to me.]

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
    54. Re:Get your lawyers ready /. by Teun · · Score: 1
      Ah yes, that's why the USofA has such a low crime rate, the threat of long prison sentences and capital punishment really works :)

      http://www.nationmaster.com/graph/cri_pri_per_cap-crime-prisoners-per-capita

      or

      http://www.nationmaster.com/graph/cri_ass_percap-crime-assaults-per-capita

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    55. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Enjoy your country full of anonymous murderers. At least you can defend yourselves when they break into your house... Oh wait, "civilized" countries don't allow their citizens to own weapons either. I'd wish upon you what you deserve, but it's already coming.

    56. Re:Get your lawyers ready /. by Toonol · · Score: 1

      Why, specifically? Which mod, and why?

    57. Re:Get your lawyers ready /. by Toonol · · Score: 2, Insightful

      The United States is a major part of the civilized world, and DOES support capital punishment, hence your comment is obviously incorrect. Your argument is wrapped around redefining words so you can pretend you're correct.

    58. Re:Get your lawyers ready /. by Inda · · Score: 1

      Freedom hater! Troops, invade!

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      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    59. Re:Get your lawyers ready /. by DrugCheese · · Score: 1

      They did the crime, they served their time. What's so hard to understand about that?

      It's hard to understand how 18 years or less equals a life.

      It does not.

      --
      *DrugCheese rants*
    60. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Your argument is wrapped around redefining words so you can pretend you're correct.

      Your argument is wrapped around redefining "the civilized world."

    61. Re:Get your lawyers ready /. by jipn4 · · Score: 1

      Since when is it Germany's job to tell other countries how to apply their laws? Publishing the names of these murderers is legal in Austria and the US. If you think that's wrong, move to Austria and the US and change their laws, but don't advocate just ignoring their laws.

    62. Re:Get your lawyers ready /. by FlyingBishop · · Score: 1

      Courtesy is a cultural construction.

    63. Re:Get your lawyers ready /. by WCguru42 · · Score: 1

      Nice attempt to troll but that bit is getting old, try to give it a little freshness by perhaps giving examples (no matter how marginal and irrelevant) of how US states are more independent from the federal government than EU member states are from the EU.

      /Mikael

      States have never been beyond federal jurisdiction. The entire essence of the United States of America is the fact that each state is connected through the federal government. Europe was composed of autonomous nations that have entered into an agreement known as the EU. These nations gave up a part of their autonomy to be in the EU. Therefore, comparing the autonomy of states in the USA to nations in the EU is apples to oranges.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    64. Re:Get your lawyers ready /. by sco08y · · Score: 1

      Yeah, in European society, you've become so civilized and regulated that you're not really moral agents any more. How can a robot (the etymology is a treat) really be considered to commit a crime? It must simply be malfunctioning and be put in an attitude readjustment center.

    65. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Except for Jews, Pols, and Armenians right? Fucking genocidal Euro trash.

    66. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      swoosh!

    67. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      The EU countries, unlike some other countries, are civilized ones and here we don't execute our citizens.

      That's a big high and mighty for a continent that half a century murdered many millions of its citizens (and it wasn't just the Germans), and which has a track record of mass murder, genocide, and war going back millennia.

      A break of half a century during economic boom times is historically insignificant for Europe. And Germany and Europe only got that because the US intervened massively and ensured economic success. Otherwise, Europe would likely be right back where it was before.

    68. Re:Get your lawyers ready /. by WCguru42 · · Score: 3, Insightful

      Since when is it Germany's job to tell the US how to apply the First Amendment?

      Since when does a german lawyer and his german clients represent the nation of Germany. The lawyer would be ignoring his duties in protecting his clients if he didn't petition US wikipedia and news agencies to not discuss his clients. He's not going to win this fight because of the first amendment but he has to try.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    69. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 5, Funny

      No, but I'm pretty sure that now they are in prison someone else knows their assholes.

    70. Re:Get your lawyers ready /. by jipn4 · · Score: 1

      only the non-civilised would contemplate reciprocal killing.

      Capital punishment is not "reciprocal killing" since you can get executed from crimes other than murder.

      Capital punishment is intended as a deterrent and as a way of removing people from society who cannot be rehabilitated. I think it's overused and less effective than people think, but many advanced civilizations have practiced it and, as such, is, by definition, "civilized".

    71. Re:Get your lawyers ready /. by palegray.net · · Score: 1

      I agree with your position that it's wrong. I've posted both the English version and a German translation of the Wikipedia article in question to a site I operate:

      Walter Sedlmayr (English)
      Walter Sedlmayr (German translation)

      As I'm in the United States, and we provide strong protections for free speech unless the material in question is provably inaccurate and causes damage to a person, I'd love to see German authorities or the individuals complaining about their "rights" getting violated do anything about it.

    72. Re:Get your lawyers ready /. by palegray.net · · Score: 1

      Minor correction: here's the English version:

      Walter Sedlmayr (English)

    73. Re:Get your lawyers ready /. by Pence128 · · Score: 2, Insightful

      Germany is doing nothing of the sort. One German lawyer is.

      --
      404: sig not found.
    74. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 1, Interesting

      "the civilised world doesn't support institutionalized murder"

      Really? What do you call abortion? How can you call yourself civilized and still support a barbaric practice?

    75. Re:Get your lawyers ready /. by nitehawk214 · · Score: 1

      Wolfgang Werlé and Manfred Lauber are convicted murderers.. didn't you know? they're assho|es

      Woah woah, hold on here. While you might be able to say that "Wolfgang Werlé and Manfred Lauber are convicted murderers", you certainly cannot say they are assholes. You can be sued for libel!

      Though I suppose most courts would probably uphold that a convicted murderer is indeed an asshole, so perhaps you will win that case.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    76. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      "Just a reminder, there is no -1:Disagree mod." is redundant. I believe it's in the moderator FAQ.

      I might lose my 15 points per week for saying this, but explicit appeals to the moderators look like big juicy targets-- Simple, but ultimately unjustifiable opinions become "flamebait"; arguments we've all heard before become "redundant," digressions become "offtopic".

      Generally, if I actually laugh at a joke, it's funny. If it adds something new to the discussion, it's informative. If it presents a novel argument, it's insightful.

      The genuine trolls (GNAA) get weeded out fairly quickly by other moderators, but if I'm bored and have points to spare, down it goes.. Outright spam earns a downmod from me. Political disagreements? Bah. Dime a dozen and not worth downmoding.

    77. Re:Get your lawyers ready /. by Wyatt+Earp · · Score: 1

      The United States, Japan and the People's Republic are "civilized" right? Those three countries have "institutionalised murder a.k. as capital punishment."

      Or are over 1.7 billion people uncivilized because of capital punishment?

    78. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Since when is it Germany's job to tell the US how to apply its laws. Your moral disagreement is irrelevant to the discussion. They were tried under German law, served their time in Germany, and are now allowed to continue their lives. If you think it's wrong for their names to be on US Wikipedia, move to the US and change the laws, but don't advocate just ignoring the laws.

    79. Re:Get your lawyers ready /. by theshowmecanuck · · Score: 1

      Adolf who? Oh sorry, I didn't know we we are supposed to selectively repress hitlery^h^h^h^h^hstory. (The first step in repeating ourselves.)

      --
      -- I ignore anonymous replies to my comments and postings.
    80. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0
      Maybe he just has poor English skills and meant to imply that they have assholes

      They are now going to sue you for libel for telling people they are assholeless (might have come in handy in prison though)

    81. Re:Get your lawyers ready /. by mysidia · · Score: 1

      The articles just say 'an actor' and didn't name the person killed. They therefore haven't referenced their names in respect to any specific killings, only stated that the people who finished their jail time are suing Wikipedia.

    82. Re:Get your lawyers ready /. by mysidia · · Score: 1

      It's pretty anal to suggest a convicted killer may be not an asshole.

      Given the common definition of asshole: A jerk; an inappropriately or objectionably mean, inconsiderate, contemptible, obnoxious, intrusive, or rude person

      I would say that killing someone is a tad bit inconsiderate and objectionably mean.

      It's also a pretty rude act

      It's also opinion. You cannot be found to have committed libel for libel by expressing an opinion, only by expressing that something is a fact, and that thing you are expressing as a fact sounds plausible like it could be true, but you negligently or maliciously included it.

      Since the meaning of the word asshole is by definition opinion: whether you believe someone is acting in an inconsiderate way or not, is a matter of opinion, not fact. You cannot have committed libel.

    83. Re:Get your lawyers ready /. by hairyfeet · · Score: 1

      But if you're gonna lock them up three hots and a cot just don't sit right with me. Better to do something like we do here in AR, the "hoe squad". For those that don't know our hoe squad works their asses off from sun up to sun down hoeing, pulling weeds, basically busting their asses from sun up to sun down, which also helps lower the burden on the state because not only do they grow their own food, but we put them to work.

      If you are gonna put them in jail for life, fine. You can't go "oops" if you execute the wrong person. But make them work their asses off, not sit in an air conditioned rec room playing Playstation. I don't see the death penalty being much of a deterrent, but the hoe squad? Spending the rest of your natural born days working your ass off seems like much more of a deterrent to me. It would also cut down on crimes in prison, because they'd be too fucking tired to do much of anything at the end of the day.

      No beatings or giving them rotten food like that asshole in AZ, but you have to work your living ass off until your debt is paid sounds fair to me. You'll get your three hots and a cot, but you gotta fucking earn it and pack back your debt. I'd say that's fair, wouldn't you?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    84. Re:Get your lawyers ready /. by pipingguy · · Score: 1

      Can you confirm to me that they won't kill again? IDK, but killing innocents would seem to me to indicate that a certain mental/sociological taboo has been breached in the minds of some. Would you be willing to have "reformed" killers living next door?

      I'm guessing that your answer would be, "no", because you likely live in a nice, safe neighbourhood. It'd be fine if they were released somewhere you don't have to deal with, right, Dvorkin?

    85. Re:Get your lawyers ready /. by shaitand · · Score: 1

      I both agree and disagree. Punishment should not be about the victims family getting justice aka revenge or punishing the person who committed it. The punishment should exist as a deterrent for committing the crime in the first place.

      Our laws do not allow cruel and unusual punishments but if long term incarceration ESPECIALLY with publicly available records is not cruel and unusual then nothing is.

      The things we deem cruel and unusual seem far less so to me. Far less expensive as well. Cut off toes, fingers, and other non-essential parts as punishment for crime and escalate for repeat offenders up to and including death. That is a pretty hefty punishment that will definitely deter people from crime. It is also is quick, done with the same day and with the exception of repeat offenders would not prevent someone from getting a good job and continuing with their life. For some offenses and for minors public service might be a suitable option.

      I also strongly disagree with EVER trying minors as adults. You can not consider them mature enough to face adult justice and punishment but refuse to allow them adult rights. Either they have the adult intellect and true understanding of long term consequences required to understand their actions (be it drinking, smoking, voting, sex/pornography, military service, or crime) or they do not.

      As is stands someone who shoplifts a pack of gum at 17 will be tried as an adult. They will be required to do community service, get probation for a year, and more importantly they will have a record for life. They will always be considered suspect as a witness. They will be unable to pursue a career as an attorney no matter what their grades and no matter how much time passes. They won't be able to get into a top rated university regardless of academics. At a minimum they won't be able to get any sort of real job for the next seven years and in some cases ever.

      All because some kid (or adult it really doesn't matter bright and good people do stupid and bad things all the time) will have their lives ruined over an offense involving less than a dollar.

    86. Re:Get your lawyers ready /. by commodore64_love · · Score: 1

      >>>The EU has mechanisms for enforcing one states judgements in another state. I assume the US has too:

      You assume wrong. This is why I can have an unpaid ticket in California, but safely "hide" from it in Virginia. Ditto many other examples, like child support or unpaid taxes.

      Now most states have extradition agreements with one another, but this is by no means universal. If California declared "murderers names can not be published," that rule might be enforced by its neighbors Oregon and Nevada per a gentlemna's agreement, but it would not be enforced by the other states. Other states wouldn't give a damn what California thinks.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    87. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Please try and stay on topic. Or mention Hitler and get it over with.

    88. Re:Get your lawyers ready /. by commodore64_love · · Score: 1

      >>>comparing the autonomy of states in the USA to [member states] in the EU is apples to oranges.

      Not really. Where the EU is, right now, is comparable to where the U.S. was in the early 1800s. There were many laws that the U.S. passed, and which the states refused to enforce (nullification), because they maintained themselves to be sovereign.

      Also please note I corrected your sentence. "Member state" is the correct terminology, per the EU website. Check it out for yourself.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    89. Re:Get your lawyers ready /. by commodore64_love · · Score: 1

      DEAR GERMAN LAWYER:

      I have received your request that I censor the names of your clients. After careful consideration, I arrived at the following carefully nuanced reply: "Fuck off."

      Heil Hitler and the German Reich,
      New York Times editor

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    90. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      If America is damned bloodthirsty and Germany is kind and benevolent and rightous, why are these two gentlemen so worried about their past? Certainly the German people can see they've served their time and are fully whole now. So there is no reason for them to worry about re-making their lives, right? Then what's the point of their suit? Were they intending to leave Germany? Maybe come to America, where it's easier to become anonymous?

    91. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      kill yourself you fucking retard

    92. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      The only place in which the USA is considered civilized, is the USA.

      Even the Australians look down on it.

    93. Re:Get your lawyers ready /. by Mr.+McGibby · · Score: 1

      Free speech is a basic human right, whether Germany thinks so or not.

      BASIC HUMAN RIGHT

      --
      Mad Software: Rantings on Developing So
    94. Re:Get your lawyers ready /. by drinkypoo · · Score: 1

      If you think that is wrong, move to Germany and change the laws, but don't advocate just ignoring the laws.

      I advocate just ignoring bad laws. It's called civil disobedience, I think some guy wrote a book about it once. If enough people do it, the laws will be changed.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    95. Re:Get your lawyers ready /. by drinkypoo · · Score: 1

      The punishment should exist as a deterrent for committing the crime in the first place.

      By this argument, ineffective punishments should be eliminated. Our current prison system is one such; recidivism is higher than almost any other nation.

      Our laws do not allow cruel and unusual punishments

      There's nothing unusual about incarcerating people, of course; one percent of our population is in prison. The system is working, obviously.

      Cut off toes, fingers, and other non-essential parts as punishment for crime and escalate for repeat offenders up to and including death.

      I hope you never have to go hungry. Personally, I believe that you should ask for work, and if they will not give you work, you should take bread. Obviously you've never had it that hard. Again, I hope that you never do. No one should have to steal to eat.

      Cut off toes, fingers, and other non-essential parts as punishment for crime and escalate for repeat offenders up to and including death.That is a pretty hefty punishment that will definitely deter people from crime.

      But it doesn't address actual problems in society. It just makes it harder to write your congresscritter.

      All because some kid (or adult it really doesn't matter bright and good people do stupid and bad things all the time) will have their lives ruined over an offense involving less than a dollar.

      Yeah, we should chop off his finger instead of giving him a criminal record.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    96. Re:Get your lawyers ready /. by rakslice · · Score: 1

      Streisand'd. Presumably before suing, those nice gentlemen had already resolved not to try to waste time applying for jobs in any country with widely available Internet access...

    97. Re:Get your lawyers ready /. by prefec2 · · Score: 1

      I think even with totally perfect courts, the death penalty is not an acceptable punishment. First, if the state kills a person this person cannot learn from its mistakes and second, it would make society not better than the one who did the first murder. So the question is why do we have prisons and courts?
      a) To keep violent or dangerous people way from the rest
      b) To help people to follow rules (ensure and support ethics)
      c) To punish people for their crimes so they learn that they have done something wrong and that this has consequences
      d) To (re)integrate those people back in society after punishment (however, this point is normally not achieved)

      But it is definitely not for vengeance.

    98. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Well, nobody told that to the nameless... And neither to the actor. He may even come alive knowing it, who knows?

    99. Re:Get your lawyers ready /. by prefec2 · · Score: 1

      They already did. You are too late. This post is about something in Germany and therefore the Nazi thing comes up. Well Goodwins Law works well on /. Also I want to add that if the post has anything to do with Germany, Germans etc. the distance between first post and the first Goodwin Law fulfillment post is shorter than in the total set of /. posts.

    100. Re:Get your lawyers ready /. by ultranova · · Score: 1

      Heil Hitler and the German Reich,
      New York Times editor

      It is quite ironic indeed that Germany's laws which were originally meant to suppress Nazism seem to be excellent tools for erasing history. Or is that how it was intended all along?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    101. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      thats not what the grand parent wrote, the implication was there are people in prison intimitely familiar with their assholes. Suggesting that the two murders had been sodomized whilst in prison.

    102. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      That would always be true, except if the first Goodwin (Godwin?) post was the very last post. Even then is not every set a subset of itself? If so, then *always* true. (N.B. I am not a numbers wonk.)

    103. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      +9,000 Funny

    104. Re:Get your lawyers ready /. by shentino · · Score: 1

      Except in cases of violent offenses, such as kidnapping, murder, rape, robbery, etc., you should be fined an amount proportional to both the seriousness of the offense as well as your income level.

      Imprisonment isn't just meant to punish you, it's also to protect society from you. In that respect it's less of a sentence and more of a quarantine against violence.

      Our prisons need reformed. Give everyone a teeny 8 foot cubic cell with every jail door facing ONE WAY towards the rear wall of the next row. And do not let them out except for community service/work crew. They stay in their cell until yanked out for work, get put to work for their shift, then straight back to their cell they go.

      This will eliminate the following problems:

      * Cell-mates no longer serve as a conduit for recruitment
      * Strong isolation will crack down on contraband distribution.
      * Prisoners, by being either in strict solitary or direct guard supervision, never
      * Since when encelled nobody can see anyone else, the innocent people who will inevitably get stuck inside will be safe, and the bad guys dominating the population won't have a chance to intimidate anyone.

      Those who say that jail conditions, including prison rape, are part and parcel of "doing the time" seem to neglect the fact that the people perpetuating the prison rape are laughing their pants off that they are getting away with holding someone else down, not to mention that while they're boning their victim they aren't really suffering. After all, if the whole point of prison is to be punished, what the hell are we doing letting the beefers get free sex whenever they want it?

    105. Re:Get your lawyers ready /. by shentino · · Score: 1

      I think that pot needs to be decriminalized.

      Carefully controlled it can have positive effects on your health.

      Whether or not someone will be helped or harmed by marijuana is purely a medical issue, and as such a physician is the only one that should be answering it.

      My ideal solution is to treat it as a prescription only medication.

    106. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      While I'm quite certain you are joking, one cannot sue simply because you called them an asshole as that states little more than an opinion. Libel requires that you do a little more than that, usually involving spreading a lie as if it were factual. Here let me illustrate..

      "Wolfgang Werlé and Manfred Lauber are convicted murderers.. didn't you know? they licked each other's assholes"

      Now *that* would be libel. And I didn't mean to say they licked each other's assholes...I meant to say they licked each others DIRTY assholes. Big difference..;)

    107. Re:Get your lawyers ready /. by AmiMoJo · · Score: 1

      I am very torn on this issue. On the one hand I think privacy is a fundamental right, but on the other hand information like this must be free.

      The way I look at it, individuals should have an right to privacy. Once they do something which could reasonably be expected to give up that right (such as committing a crime) then that aspect of their life becomes public and should not be censored (not that you could censor it any more, even if you wanted to). The problem is defining "reasonably expected" and dealing with situations where a person is later found innocent.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    108. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      You and Glenn Beck should get together.

    109. Re:Get your lawyers ready /. by masterzora · · Score: 1

      While the US does have provisions to make sure that if you're wanted in California and found in Texas that you can still be arrested and tried and all that, the US does not say you are breaking California law if you are in Texas and do something that would be illegal in California.

      --
      Remember, open source is free as in speech, not free as in bear.
    110. Re:Get your lawyers ready /. by masterzora · · Score: 1

      I think he was going more for a "life sentence" than for a "death penalty" there....

      --
      Remember, open source is free as in speech, not free as in bear.
    111. Re:Get your lawyers ready /. by palegray.net · · Score: 1

      If a person is found to be innocent of a crime, all public records of the prior conviction should be expunged. This should satisfy any reasonable employer or admissions director for an educational institution. As far as other non-government sources go, I can't find anything wrong with making a statement of fact that at one time the person was convicted, but the conviction has since been overturned.

    112. Re:Get your lawyers ready /. by indiechild · · Score: 1

      It's a typical case of "justice"... sentenced to life in prison, but out on parole after a few years.

      If I was friend or family of the murder victim, I'd be outraged.

    113. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Falwell v. Flynt (a suit by Jerry Falwell, head of the "Moral" Majority" against Larry Flynt for naming him "Asshole of the Month" in the column by the same name in Hustler) supports you.

    114. Re:Get your lawyers ready /. by RDW · · Score: 1

      'The United States, Japan and the People's Republic are "civilized" right? Those three countries have "institutionalised murder a.k. as capital punishment."'

      Interesting that you mention Japan and not, for example, Iran, Saudi Arabia, N Korea, or Afghanistan. An impartial observer looking at a list of countries that actively use the death penalty would probably notice that few of them are exactly shining examples of democracy:

      http://en.wikipedia.org/wiki/Capital_punishment#Global_distribution

      with developing countries ruled by authoritarian regimes being the rule rather than the exception. You do mention China (the pioneer of Execution Vans) where capital offences include VAT fraud, smuggling, and signing a rubber cheque:

      http://en.wikipedia.org/wiki/Crimes_punishable_by_death_in_the_People's_Republic_of_China

      When nearly every mature democracy in a developed country has rejected capital punishment, is membership of the (increasingly exclusive) club of countries that practise it ('civilized' or not) something to be particularly proud of?

    115. Re:Get your lawyers ready /. by ZosX · · Score: 1

      It is actually becoming more universal now. My dad was refused a license in idaho for a speeding ticket in pennsylvania, which he had already paid. So, he ended up paying it again. You mention child support. There is really nowhere that you can hide from child support these days. There are interstate courts that deal with such things. Also if you are like me and exceed $5000, you are prohibited from acquiring a passport, and a lot of states will also take your license if you are exempt. My dad knows people in idaho that are in jail for owing $2-3000 in child support and will not be released until they somehow magically produce the cash.

    116. Re:Get your lawyers ready /. by Wyatt+Earp · · Score: 1

      I know about China's civil rights, they are after all a Communist country. But does that make the nation uncivilized?

      I don't think we can paint them with that brush.

      In a multi-cultural world, we can't say that a nation has to be a republic or democracy to be "civilized". Yes, China is authoritarian, but that doesn't remove their culture or civilization.

      Most of the nations on that list do have elections, usually free elections, although there are times when things aren't as free as one would hope, like Iran and Afghanistan this year. On that list, the only surprise for me was Saint Kitts and Nevis.

    117. Re:Get your lawyers ready /. by Kjella · · Score: 1

      If the choice (and I know it isn't this simple) was between the military dropping a bomb on a terrorist training camp killing 100 terrorists and those terrorists killing 100 civilians I'd say drop the bomb. There's a difference between you kidnapping me and locking me in the basement and the government, after all due process and all that, putting me in prison. Why and how matters, it is often the difference between good and evil.

      I will argue, and I guess you can disagree with me on that, that there are people that should never be allowed to return to society. That it is not worth the risk of more destroyed or lost lives to put murderers and rapists and terrorists - particularly the serial kind, and those we have clear signs have not changed at all in prison - back on the streets again, just to see if they'll do it again. Those people are beyond b) and d), and for a) both are just as effective. I guess it depends if you consider a quick death more of a punishment than living out the rest of your life in a cage. To be both sound about equally grim.

      --
      Live today, because you never know what tomorrow brings
    118. Re:Get your lawyers ready /. by commodore64_love · · Score: 2, Informative

      None of which is U.S. enforced.

      All the things you just described are State-level agreements. i.e. "If you find a criminal in your state, please arrest him. Thanks."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    119. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      An ass-hole is a donkey's anus.
      An arse-hole is where the sun don't shine.
      Get it right.

    120. Re:Get your lawyers ready /. by G04T · · Score: 1

      The EU countries, unlike some other countries, are civilized ones and here we don't execute our citizens.

      Well, not as long as their religion and ideals are the same as yours, anyways.

    121. Re:Get your lawyers ready /. by shaitand · · Score: 1

      "By this argument, ineffective punishments should be eliminated. Our current prison system is one such; recidivism is higher than almost any other nation."

      Ummm... yeah. That's what I said.

      "There's nothing unusual about incarcerating people, of course; one percent of our population is in prison. The system is working, obviously."

      Only cruel. Well it does say cruel AND unusual I suppose.

      "I hope you never have to go hungry. Personally, I believe that you should ask for work, and if they will not give you work, you should take bread. Obviously you've never had it that hard. Again, I hope that you never do. No one should have to steal to eat."

      Give me a fucking break. Exactly what percentage of people breaking the law are stealing food? Something on par with none I'd say. Most of the people we have in prison are there for drug offenses and the most of the rest are in prison because they were stealing to afford the drugs. Nevermind that legalization shows no evidence of increased usage or that if the drugs were legal they could get their fix for the next month at Walgreen's in the supplement isle.

      "But it doesn't address actual problems in society. It just makes it harder to write your congresscritter."

      Other than the problem of an ineffectual system of punishment that manufacturers hard criminals and destroys their lives.

      "Yeah, we should chop off his finger instead of giving him a criminal record."

      That would be preferable. Fairly sure I suggested hard labor for minors and removal of toes (the big difference being visibility) for adults. But hey, lets ignore the actual facts of the post and beat down strawmen with flippant remarks instead! WOOO! Less productive but much more fun.

    122. Re:Get your lawyers ready /. by Idiomatick · · Score: 1

      Not everyone lives in Texas. I like that you say this and I can almost guarantee that you haven't read the case at all never mind enough to make such a decision.

    123. Re:Get your lawyers ready /. by mog007 · · Score: 1

      He doesn't HAVE to try. He's hoping for a big "shut the fuck up and leave us alone" check from the Wikipedia people.

    124. Re:Get your lawyers ready /. by mog007 · · Score: 0, Flamebait

      Isn't it illegal to have Nazi flags scattered around your front yard in Germany?

      I find it rude to infringe on people's rights of expression.

    125. Re:Get your lawyers ready /. by corbettw · · Score: 1

      But (the present) flamebait mod is quite appropriate, the civilised world doesn't support institutionalised murder a.k. as capital punishment.

      In other words; only the non-civilised would contemplate reciprocal killing.

      Pay attention kids, this is a textbook example of begging the question. Make sure you memorize it so you can whip it out next time some moron says "That begs the question: what would Jesus do?".

      --
      God invented whiskey so the Irish would not rule the world.
    126. Re:Get your lawyers ready /. by tjstork · · Score: 1

      The EU countries, unlike some other countries, are civilized ones and here we don't execute our citizens.

      Yeah, that's real civilized, to throw a mother in jail because she uttered the name of the person who murdered her son. Way to go EU. If that's civilization, I'd rather be a barbarian.

      --
      This is my sig.
    127. Re:Get your lawyers ready /. by honkycat · · Score: 1

      The things we deem cruel and unusual seem far less so to me. Far less expensive as well. Cut off toes, fingers, and other non-essential parts as punishment for crime and escalate for repeat offenders up to and including death.

      Sorry, that's ridiculous. Mutilation is not an acceptable punishment within a civilized society. I agree that disproportionate prison sentences are a major problem and that conditions in some prisons may rise to the degree of cruel and/or unusual. However, that's an argument for fixing those problems, not for upping the bar on what degree of cruelty is acceptable.

      I also strongly disagree with EVER trying minors as adults. [...] As is stands someone who shoplifts a pack of gum at 17 will be tried as an adult. They will be required to do community service, get probation for a year, and more importantly they will have a record for life.

      In some cases I think it's appropriate. Do you have any actual examples of a minor being tried as an adult for the sort of petty larceny you describe? I've certainly never seen it. The instances I know of concern only the most serious, usually violent, crimes. In that sort of case, I think you can make a reasonable argument that the nature of the crime was far beyond what could be considered "youthful indiscretion." A teenager shoplifting is very different in nature from, to use an actual case in the news this week, dousing a guy with alcohol and setting him on fire. The standard for escalating to trial as an adult should rightfully be a high one, but there are some crimes that simply don't fit within the minor designation.

    128. Re:Get your lawyers ready /. by tjstork · · Score: 1

      In other words; only the non-civilised would contemplate reciprocal killing.

      Frankly, I think it is uncivilized to let murderers live. Essentially what you are saying is that someone whose loved one is murdered can expect that the government will, in essence, protect the murderer, after it already failed to protect the victim to begin with. Really, when it comes down to the brass tacks, this "civilized world" you speak of essentially legalizes murder.

      Way to go.

      --
      This is my sig.
    129. Re:Get your lawyers ready /. by ifwm · · Score: 1

      You do understand he meant "whole life sentence", right?

      Oh, you didn't, you presumed he meant the death penalty because of your preconceived ideas.

      OOPS!

      "Texas" huh?

      You should be very proud...

    130. Re:Get your lawyers ready /. by corbettw · · Score: 1

      Well, your government doesn't. Apparently some of your citizens still do.

      --
      God invented whiskey so the Irish would not rule the world.
    131. Re:Get your lawyers ready /. by shutdown+-p+now · · Score: 1

      A life sentence is just as good a deterrent and punishment as execution, and has the huge advantage that, if it later turns out that the sentence was incorrect, you can at least free the innocent...

    132. Re:Get your lawyers ready /. by shaitand · · Score: 1

      "I agree that disproportionate prison sentences are a major problem and that conditions in some prisons may rise to the degree of cruel"

      It is imprisonment itself that is cruel. It has a psychological impact that goes far beyond anything that any physical punishment that can be inflicted in a few moments, no matter how severe. But worse than the imprisonment is destroying someones life with a criminal record. The offense should be erased when the punishment is inflicted.

      "In some cases I think it's appropriate. Do you have any actual examples of a minor being tried as an adult for the sort of petty larceny you describe? I've certainly never seen it."

      And you've seen it all right? Not that anecdotal evidence is good for anything but I was rebellious youth and the example I gave was my own. As a rebellious youth I had lots of childhood friends who got into trouble. In every case a 16 or 17 year old was tried as an adult.

      "A teenager shoplifting is very different in nature from, to use an actual case in the news this week, dousing a guy with alcohol and setting him on fire."

      No it isn't. Because no matter what the crime, there was a moment that teenager made a choice to act and considered the consequences of those actions (if he did not understand consequences due to mental issues then he is not guilty under the law even if an adult) and that teenager could not have considered them with the understanding and maturity of an adult.

      A deranged and disturbed child is still a child no matter how you cut it. A bright or mature child can say the right words but they simply do not understand long term consequences. They don't understand how long life really is and grasp the depth of spending the rest of their lives in prison. Or of robbing someone else of their life.

      A minor has had a very small window of fully developed intellect with which to have experienced someone very close to them dying. They do not understand the lose to the loved ones of someone they might harm. And they certainly haven't lived long enough to know what it means to suffer the consequences of something you have done or that has been done to you for seventy years, sixty years, forty years, twenty years, ten years, or even brief glimpse of five years.

      Children do many stupid and even terrible things. They beat each other, abuse each other, burn each other, they mutilate animals, they blackmail, they steal, they blow off life changing things like high school and college. Hell they ARE animals in that they are driven largely by primal urges and all males have a raw urge to destroy both people and things.

      But the most important thing is not how malicious, cruel, sadistic, or terrible the actions of a child or teenager. The important thing is that their minds are open in the way an adult will almost never be. It is possible for the children that set another on fire to see the tears in that child's mothers eyes and have their entire moral view of life change in a single moment. A child has no attachment to their beliefs and values. They are completely open minded, all it takes is the right message, presented in the right way such that they believe it.

    133. Re:Get your lawyers ready /. by Idiomatick · · Score: 1

      The word "buried" must have made me biased. I think you might have a reading comprehension problem.

      As for Texas the US executes more people per year than any other country besides China, Iran and Saudi Arabia. Texas has executed a large percentage of its death row. Texas has executed 4x as many people as the 2nd highest state. Texas has crimes aside from murder that can get you the death sentence.

      Informed/shamed for Texas... I wouldn't say proud.

    134. Re:Get your lawyers ready /. by Idiomatick · · Score: 1

      Texan executions: http://www.tdcj.state.tx.us/stat/annual.htm
      US executions: http://www.ojp.usdoj.gov/bjs/glance/tables/exetab.htm

      They are bordering on 50% of all executions in the US. Seems pretty valid.

    135. Re:Get your lawyers ready /. by shaitand · · Score: 1

      I should probably give a little more background info to this:

      "As a rebellious youth I had lots of childhood friends who got into trouble. In every case a 16 or 17 year old was tried as an adult."

      In none of these cases were they violent crimes and the most severe of them was a kid who stole his neighbors car (which had the keys inside) to go see his girlfriend in the middle of the night.

      Prosecutors do not use discretion with punishment. Common sense and logic doesn't enter into what they do. Except where politics and bribes are concerned prosecutors go after everyone on every charge they can and in the most severe way they can (trying as an adult is up to the prosecutor).

      To give a hypothetical scenerio. Old lady is about to get hit by a semi. You jump and tackle her out of road to save her but in so doing you bump another man, he hits his head on a fire hydrant and dies. Unless the media picks up the case (which is like getting hit by lightning or winning the lottery) he will be charged with murder II and probably plea down to involuntary manslaughter. He will get a better deal because a jury is less likely to convict (even though they are lied to by the judge and told they aren't allowed to use discretion in application of the law).

      After all, prosecutors get re-elected for being hard on crime and the more they unjustly persecute people or over charge people the better their conviction record. Why get you for a misdemeanor when they can nail you with a felony? Nevermind that you aren't a real criminal and they are destroying your life. You did the crime and you deserve the time in their book. The simple fact that they can charge you as an adult means they should by their logic.

    136. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      I will keep that in mind if I ever move to Germany and plan on publishing any articles that would mention the names of persons convicted of crimes.

    137. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      instead favoring to waste money on people who are worthless to society.

    138. Re:Get your lawyers ready /. by Aldenissin · · Score: 1

      Nonsense, it is a waste of resources and is illogical. He knows he is going to lose. If not, he is daft for sure.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    139. Re:Get your lawyers ready /. by gknoy · · Score: 1

      In the grand scheme of thing, every continent has had its share of genocide, or at least widespread killin's in varying degrees. Cortez in the new world, the current mess in Africa, etc. I think it's safe to say that Humanity is pretty non-excellent to one another, on a grand scale. Americans killed millions of each other in our civil war (though one might not call that murder), and systematically set about eradicating the native population in many ways.

      Europe's history of mass killings goes back so far because that's where we have records from. Wars in most any place, throughout history, involved widespread pillaging and raping and murdering. I don't think it's fair to call Europe a bunch of murderers. =)

      I'm not sure I'd call them "more civilized" than us in the States, but in the context of capital punishment, I think it's a fair description. (I'm not keen on their personal and civil liberties stance, but then I did grow up in a country whose founders felt that an armed citizenry was important -- something which is, historically, not the norm for most cultures.)

    140. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Apparently, the going rate for a German citizen's life is 19 years. That's civilized!

    141. Re:Get your lawyers ready /. by drinkypoo · · Score: 1

      That would be preferable. Fairly sure I suggested hard labor for minors and removal of toes (the big difference being visibility) for adults. But hey, lets ignore the actual facts of the post and beat down strawmen with flippant remarks instead! WOOO! Less productive but much more fun.

      The point was that your comment was one big logical fallacy. You advocate eliminating punishments which don't work, but then you want to remove people's digits for stealing, which won't work. History shows that; in societies where parts of people's bodies were removed for theft, theft still occurred. If you want to eliminate theft, eliminate gross inequity in society where some people live in slums and others live in mansions. Otherwise, it will always occur. And there is really no good reason why society should protect the right of some to oppress all. Share the wealth, or poverty will be shared with you.

      Attempts to punish people for stealing or indeed any crime does no good. Crime is simply better hidden, and corruption becomes more pervasive. It's sad that history has made so little impression on you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    142. Re:Get your lawyers ready /. by TheRaven64 · · Score: 1

      Seriously? You're quoting events four to ten centuries ago to counter an assertion about the EU? Back when those happened, the closest thing to the EU was the Roman Catholic Church, the Americas had not been discovered, and democracy was that weird thing the Greeks used to do. Your post makes about as much sense as pointing to the slavery in 1800 in response to a comment about the Obama administration's human rights record.

      --
      I am TheRaven on Soylent News
    143. Re:Get your lawyers ready /. by TheRaven64 · · Score: 1

      You'll note that Britain now has a policy of not extraditing people for crimes, like Holocaust denial, that are not crimes over here. This is not limited to EU countries. See, for example, Roman Polanski, who was arrested in Switzerland for crimes committed in the USA.

      --
      I am TheRaven on Soylent News
    144. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      "the civilised world doesn't support institutionalized murder" Really? What do you call abortion?

      Institutionalized removal of a blob of cells from a woman's womb?

    145. Re:Get your lawyers ready /. by torsmo · · Score: 1

      could be pursued with an arrest warranty for breaking the law of a country they have never set foot in.

      An arrest Warranty? Wonder when that expires...

    146. Re:Get your lawyers ready /. by donscarletti · · Score: 1

      Um, wow, you might want to just have a quick scan at the statistics you are quoting there. Niger, Cuba, Uganda, Egypt, Sudan, Ethiopia, Turkmenistan, Comoros and Zimbabwe apparently have no prisoners. Also, there is apparently close to no assaults in the middle east. Apparently Turkey is the most violent country in that region with a trivial 7 assaults per 10 000 people per annum, completely being put to shame by Yeman which only has 4 assaults in 100 000 people, 1/200th as much as that violent mess New Zealand. In fact, Canada has 12 times as much violent crime as Columbia, making it the second most violent non-island country in the Americas, after the US.

      Before quoting statistics, it is best to look at them. If they do not look right, they're probably not. For example, if the anglosphere and Scandinavia soar near the top of the list, you're probably dealing with incompatible figures, based on a range of different definitions as well as some serious lies by various governments near the bottom. If you quote non-credible statistics as the basis of your argument, it is never going to work well. Your prejudice may be wrong a lot of the time, but not nearly as often as raw statistics, it's best to listen to it when it tells you statistics are wrong.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    147. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      The United States is a major part of the civilized world

      Not quite - they're getting there, but there's still a bit to go yet. 1st world != civilized world - crass commercialization on a massive scale and the the mid-20th century political machinations that you put in the relative position power that they continue to exploit to this day; do not automatically grant them the status of civilized.

    148. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 1

      The way you Americans treat your prisoners disgusts me.

    149. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Norway was correct in their response to the children ... they didn't know better. But why didn't they know better? Did society fail them? No. Society isn't responsible for monitoring the mental health of every last child. The parents are responsible. I personally would've liked to have seen those parents die a slow, agonizing death.

    150. Re:Get your lawyers ready /. by NotBornYesterday · · Score: 0

      The laws of a country are an extension of the government itself and are a manifestation of its powers. Their lawyer is not an official part of the German government, but by invoking German law against US law, he is effectively representing Germany.

      My reply was to a poster who argued "Since when is it your job to tell Germany how to apply its laws? ... don't advocate just ignoring the laws" My point in replying was that in his own defense of German law, the GP was ignoring the laws of a different sovereign nation.

      Their lawyer is overreaching here. If he wanted to try reasonably, he could send a nice letter saying "We know you don't have to, but we'd be awfully pleased if you'd remove this info". Instead, he filed a suit to compel action he knows he is not entitled to. The world has too many frivolous lawsuits already.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    151. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Why is it the lawyers duty to represent their clients pertaining to any other countries' laws? The law is a German law. German law only pertains to Germany so it should only be enforced in Germany.

    152. Re:Get your lawyers ready /. by Nathrael · · Score: 1

      Instead, they force their tax payers to support some of the most despicable human beings around with their tax money.

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
    153. Re:Get your lawyers ready /. by minstrelmike · · Score: 1

      Germany is in EU, we don't execute people here... Personally I would find that sort of behavior rude... :)

      Some Germans do execute people (it's called murder) and then sue others to regain their 'good' name and 'good' reputation. Rudeness and idiocy is in the eye of the beholder.

    154. Re:Get your lawyers ready /. by couchslug · · Score: 1

      "I don't care what their names are. What are they doing out of prison?"

      Laughing at a system that doesn't punish, and protects them from public scrutiny after release?

      By the way, does Germany do this with pedos too?

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    155. Re:Get your lawyers ready /. by dprovine · · Score: 1

      He doesn't have to try, but just think of all the billable hours that go with filing suits in a foreign country. In this way, a lawyer's like a bookie: whether you win or lose, he makes money.

    156. Re:Get your lawyers ready /. by shaitand · · Score: 1

      "you advocate eliminating punishments which don't work, but then you want to remove people's digits for stealing, which won't work. History shows that; in societies where parts of people's bodies were removed for theft, theft still occurred."

      Historically, there has been a society without theft under any system be it Monarchy, dictatorship, communist, democracy, republic, or even anarchy or any set of legal codes. The less to be learned from history is that no system will eliminate crime. The best you can hope to do is minimize it.

      "If you want to eliminate theft, eliminate gross inequity in society where some people live in slums and others live in mansions. ... "
      Attempts to punish people for stealing or indeed any crime does no good. Crime is simply better hidden, and corruption becomes more pervasive."

      That is a nice ideal. I don't think you'd find it as pleasant as you like though. Luxuries are luxuries precisely because there aren't enough to go around.

      But lets say for the time in the history of the world you manage to create a society with no inequity. Do you actually believe that just because they have the same lot as everyone else people will follow the law with no enforcement? What about the people you are taking things away from to give to other people who have less? Do you believe they are going to quietly stand aside and obey when there are no consequences to not doing so?

      People are greedy, envious, and violent creatures they do not fit well into the peaceful utopia you seem to want to pretend we could should live in.

      Since the government in your scenario has no teeth, the first thing people will do will be to gather into armed gangs. They will then begin claiming territory and enforcing their own laws in a violent and very successful manner. The gangs will battle each other and claim more territory and grow in power, size, and sophistication until each represents a government in itself. As time passes their harsh ways will tame while their technology increases. They will be afraid to exact harsh punishment and instead will lock people up and thanks to technology will be able to more perfectly enforce laws universally that were never really intended to be applied without discretion. Eventually they will either revert to a strong government again or they will weaken and fall apart and the process will repeat.

      That IS what history teaches us.

      "It's sad that history has made so little impression on you."

      Nor you, since nothing you are suggesting is consistent with any lesson in history.

    157. Re:Get your lawyers ready /. by Razalhague · · Score: 1

      lift-without-parole

      A great idea, but I'm pretty sure subjecting someone to elevator-music for the rest of their life counts as a "cruel and unusual punishment".

    158. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 1

      The murder rate in the US is still four times higher, dipshit.

    159. Re:Get your lawyers ready /. by Teun · · Score: 1
      Who is he that dismisses the figures of western style democracies just because some developing/ non-democratic countries manipulate theirs?

      It is a matter of fact that in the developed world the USofA has (by far!) the highest number of prisoners per capita and is one of the few with an active death penalty yet suffers more serious crime than most.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    160. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      The EU member countries' track record of mass murder, genocide and war might go back millennia, but over the last sixty years or so we finally learned to be civilized and live together in peace -- which is kind of what the EU has been about from the beginning. The US's track record for mass murder, genocide and war, on the other hand, is very much an ongoing concern.

    161. Re:Get your lawyers ready /. by Falconhell · · Score: 1

      Is that the same Glenn Beck rumoured to have raped and murdered a girl in 1990?

    162. Re:Get your lawyers ready /. by PMBjornerud · · Score: 1

      The United States is a major part of the civilized world, and DOES support capital punishment.

      Maybe it shouldn't.

      The problem with capital punishment is that you're doing irreversible mistakes every time you judge an innocent. Which does happen, uncomfortably often.

      --
      I lost my sig.
    163. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      No, he's specifically trying to apply German law in the US. In the US you would never see a case like this and for good reason, people should be shamed for actions like theirs and people should be aware that they committed them. He doesn't have to try otherwise all you would ever see is news about lawyers suing to keep the names of criminals out of the news. It's a retarded law and everyone but Germany knows it.

    164. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      We allow them to execute each other and then send them off to bed without supper.

    165. Re:Get your lawyers ready /. by Meski · · Score: 1

      Cross-reference it to http://en.wikipedia.org/wiki/Streisand_effect and move on.

    166. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Mod change: Insightful? Is their statement rational? I think it is interesting, but not insightful!

    167. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      No, but it's ok to support the US executing citizens in other countries! You're no more civilized than the US is, stop acting so morally superior and effect some real change in the world. Until you do so you are no better than the people you act so contemptuously of.

    168. Re:Get your lawyers ready /. by Lonnold · · Score: 1

      Your reference to Polanski makes no sense at all. I'm pretty sure raping a minor is just as illegal in Switzerland (or Britain) as it is in the U.S. And so is fleeing to avoid being sentenced after already being convicted.

    169. Re:Get your lawyers ready /. by rtb61 · · Score: 1

      More to the point any effort to stifle publication, thanks to the internet often produces the exact opposite affect. Now thanks to the law suit and wikipedia. I know of that case and of course the http://en.wikipedia.org/wiki/Streisand_effect, if seems the internet never stops giving.

      Nothing like going to court to turn a page from one amongst a billion others into something far more interesting and keeping it in the public eye for years and years afterwards. Yes, Barbara your house is more than just a little ostentatious and is over consumptive of the planet's resource and likely an excessive polluter to boot ;D.

      --
      Chaos - everything, everywhere, everywhen
    170. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      Being in prison for 18 years is not punishment?

      And yes the laws in question apply to all criminal records.

    171. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      RTFS, they sued now that they are OUT of the prison.

    172. Re:Get your lawyers ready /. by TheRaven64 · · Score: 1

      My point is that he was arrested in Switzerland for crimes committed in the USA. This is no different from being arrested in Britain for crimes committed in Germany. Most western countries have extradition treaties and will arrest and deport people who have been convicted of a crime in a country with an extradition treaty. The EU is not particularly special in this regard, however Britain will not extradite you for holocaust denial, which is what the original poster was claiming.

      --
      I am TheRaven on Soylent News
    173. Re:Get your lawyers ready /. by identity0 · · Score: 1

      Hi, I'm in Japan atm, and people here would say that having nuclear weapons is far more barbaric than killing a few murderers.

      IIRC, two EU states still hold mass civilian genocide over the heads of the world's nations in order to feel secure.

      This whole discussion is stupid, when its predicated on claiming that something that's less than a century old (the abolishing of the death penalty in western nations) is the very definition of 'civilization'. What next, Civilization = gay rights, not whaling, veganism, secular humanism, or other late-20th century movement?

      No wonder the Muslims and immigrants in Europe are angry about cultural chauvinism, if you're willing to trash even an advanced western democracy over something basically the whole world outside of Europe does.

    174. Re:Get your lawyers ready /. by Anonymous Coward · · Score: 0

      No, but I'm pretty sure that now they are in prison someone else knows their assholes.

      Of course "their" was a typo, not libel...

    175. Re:Get your lawyers ready /. by bwt · · Score: 1

      No government has any just authority to stop people from speaking the truth. Wolfgang Werlé and Manfred Lauber are murderers, and as big of scumbags as that makes them, I have a lot more loathing for a German Government that suppresses it citizens from suppressing the truth.

      Germany's attempts to suppress people from communicating facts are disgusting and should not be disobeyed. It's unbelievable to me that anyone seriously debates this. Is it also illegal in Germany to mention that Hitler killed 6 million people?!?!

      Disobedience of this law is the only morally acceptable course of action.
       

    176. Re:Get your lawyers ready /. by mdwh2 · · Score: 1

      Enjoy your country full of anonymous murderers.

      Yes, I do enjoy my country with the far lower murder rate than the US. So how is that an argument in favour of the death penalty?

    177. Re:Get your lawyers ready /. by mdwh2 · · Score: 1

      What sort of argument is that? It's okay for the US Government to execute people, because Nazi Germany murdered millions? A great sense of ethics you have there...

      It's sad that every discussion on Slashdot that involves a European country has to turn into some US vs Europe dick waving contest. You do realise that countries are made up of millions of people, and aren't single entities? Oh wait, you probably don't.

    178. Re:Get your lawyers ready /. by sirlatrom · · Score: 1

      Say, a convicted imbezzler working with large amounts of cash?

      Say, a convicted embezzler, having served his time, applying for a job with no amounts of cash whatsoever, but in spite of his otherwise fine qualifications not getting the job because he's cried out as a criminal in some public source?

      hiding what someone has done in the past doesn't necessarily help the people they are around or to reform them

      In a case like the above, and even in a case like the in the original post, I think getting over it and moving on -- after actually having served the penalty decided by the judicial system based on the laws passed by the parliament elected by the people -- is actually quite alright.

  2. I have the feeling by impaledsunset · · Score: 1

    That they should sue Slashdot now, too!

  3. Streisand Effect by The+Gardener · · Score: 1

    How many times must slashdotters tell these people how the World works ?

    --
    --
    1. Re:Streisand Effect by CopaceticOpus · · Score: 1

      I imagine they didn't read much Slashdot in prison. Perhaps Slashdot should be required reading for prisoners, if that's not too cruel and unusual. It is a great way to express one's antisocial tendencies without actually effecting anyone!

      If these men were free anywhere near me, I'd sure want to be aware of it. If they're embarrassed by that hate-fueled murder in their past, they'll just have to deal with it.

    2. Re:Streisand Effect by rvw · · Score: 2, Interesting

      How many times must slashdotters tell these people how the World works ?

      These people have not been part of the "world" (or society) for about 20 years. And yeah I know that prison is part of the world and society, but they totally missed the whole internet thing, so it's not surprising that they think this can be done. On the other hand, his lawyers should have adviced them better.

    3. Re:Streisand Effect by RichardJenkins · · Score: 1

      Ahh come on. This could be more about there pride than trying to hide their crimes.

    4. Re:Streisand Effect by TheLink · · Score: 1

      Their lawyer(s) should have told them to change their names if they want a better chance to start "clean".

      Sure it's a pain, but if you want to be treated by everyone as a different person from your old murderer self, maybe you too should treat yourself as a different person and change your name as part of the process.

      --
    5. Re:Streisand Effect by abell · · Score: 1

      On the other hand, his lawyers should have adviced them better.

      It's a bit like IT consultants advising you to buy expensive services you don't need: they are acting in their own interest and not in yours.

    6. Re:Streisand Effect by GREY_LENSMAN312 · · Score: 1

      Wolfgang Werlé and Manfred Lauber killed Barbara Streisand, too? Do they have something against all entertainers?

  4. Bubby? Is that you? by YrWrstNtmr · · Score: 3, Insightful

    That these guys killed someone and were convicted of it is a recorded, historical fact. No allegations, simple fact.

    Are we not allowed to state simple facts now?

    1. Re:Bubby? Is that you? by Anonymous Coward · · Score: 2, Insightful

      No I think the idea here is that if you have done the time in jail then you should have the right to a normal life. This is the premise of our entire justice system. I can completely understand that. Ask yourself if you were introduced to a person and you found out that they were murderers would you think of them the same way? Probably not and that is the problem and why the German law exists.

      You are right that those are the facts, but must facts always haunt you?

    2. Re:Bubby? Is that you? by Anonymous Coward · · Score: 4, Insightful

      They KILLED someone.

      I think I would like to know the a potential employee is a murderer, that isn't something you want to come to light later on when said person goes on an office rampage.

    3. Re:Bubby? Is that you? by MBCook · · Score: 5, Insightful

      Why should anyone treat someone differently just because they have a record of killing someone who argued with them?

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    4. Re:Bubby? Is that you? by lottameez · · Score: 4, Insightful

      Someone that has murdered someone should not be thought of "in the same way" as someone who has not.

      --
      Yeah? Well I think you're overrated too.
    5. Re:Bubby? Is that you? by YrWrstNtmr · · Score: 3, Insightful

      Ask yourself if you were introduced to a person and you found out that they were murderers would you think of them the same way?

      Honestly, no, I wouldn't think of them the same way as I would someone else.
      Because they actually killed someone.

    6. Re:Bubby? Is that you? by Opportunist · · Score: 4, Informative

      In theory right, but in this case you have to weigh the interests. These people committed a crime, did their time and now they are free again. They should be given a chance to reintegrate into society. At least in Germany the idea behind prison is to "better" the person, not just revenge and punishment. And this can be severely hindered if the first thing you find when you look for his name is that he's shot someone. Wikipedia has a tendency to come up as the first hit for any given keyword you might be looking for.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Bubby? Is that you? by jcr · · Score: 3, Insightful

      Sorry, but I have no duty to treat a murderer the same way I would treat an innocent person, even if they've served their sentence. The German parliament made a poor decision to pass a law protecting a murderer from the disgust of the public.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    8. Re:Bubby? Is that you? by John+Hasler · · Score: 0, Troll

      > Are we not allowed to state simple facts now?

      Not in Germany, evidently. This is another area where Europe is way ahead of the USA, where we still harbor the quaint notion that the truth is an absolute defense. This deficiency is being adressed, though. See, for example, "hate crime" laws.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    9. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Ask a sex offender after he or she has served time

    10. Re:Bubby? Is that you? by Registered+Coward+v2 · · Score: 2, Informative

      That these guys killed someone and were convicted of it is a recorded, historical fact. No allegations, simple fact. Are we not allowed to state simple facts now?

      Depends where "we" is - in Germany, apparently not. In the US, yes.

      Different lands, different laws.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    11. Re:Bubby? Is that you? by dexmachina · · Score: 4, Insightful

      Yes. That's why they're called facts. If you want a normal life, it's your job to spend the rest of it convincing everyone that you aren't the person you were. Redemption, not revision.

    12. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      German law is fine & all, but facts are facts. People kill people and history records the events.
      If my neighbor was a convicted murderer or child molester, has the potential of doing it again, I'm entitled to know.
      Wolfgang Werlé and Manfred Lauber are convicted murderers, served their time, but may potentially kill again. Tasted blood & all ...
      Their neighbors & community are entitled to know what animal lives next door.

      These men committed the crime, now they must live with it for the rest of their lives as marked men. This is justice

    13. Re:Bubby? Is that you? by Anonymous Coward · · Score: 2, Insightful

      How about the interest of the public who might like a little warning about what they're dealing with?

    14. Re:Bubby? Is that you? by mounthood · · Score: 0, Troll

      You know who killed someone? Hitler. That's who.

      --
      tomorrow who's gonna fuss
    15. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Wolfgang Werlé and Manfred Lauber are convicted murderers
      Wolfgang Werlé and Manfred Lauber are convicted murderers
      Wolfgang Werlé and Manfred Lauber are convicted murderers
      Wolfgang Werlé and Manfred Lauber are convicted murderers
      Wolfgang Werlé and Manfred Lauber are convicted murderers

      Dear Germany,
      bring it.

    16. Re:Bubby? Is that you? by Anonymous Coward · · Score: 3, Insightful

      You are right that those are the facts, but must facts always haunt you?

      Gee, I don't know because that's the fucking reality of the situation? The guy they murdered doesn't spring back to life after they've paid their "debt". They've got some nerve complaining about how rotten their lives are after taking someone else's. Perhaps they would have been happier with a lethal injection?

    17. Re:Bubby? Is that you? by Anonymous Coward · · Score: 1, Insightful

      Yet it's pretty much in the same ballpark as the laws against discrimination based on race, gender, sexual orientation...

      Say you're looking to hire someone and one applicant served a sentence for murder. He might cause trouble, or might not. You can look at statistics about recidivists to find the odds.

      Suppose one applicant is of race X. He might cause trouble, or might not. You can look at crime statistics by race to find the odds.

      Same thing.

    18. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Reintegrate into society? I don't think that was the plan when they where both given a life sentence.

    19. Re:Bubby? Is that you? by jipn4 · · Score: 1

      Yes, but in modern Germany, even historical facts can be suppressed as a matter of law. If that sounds scary, it should.

    20. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0, Troll

      Apparently you don't have family who were in the military. And don't give me that crap about it being justifiable homicide just because Uncle Sam told you to kill them. There is no pacifist branch of the military, and you can't claim the moral high ground when you kill people for a living.

      In America we tend to worship our troops, and have made a habit of holding our murderers in *higher* regard than the average person, unless they were free agents, in which case we put them in stinking holes in Texas and treat them like subhuman trash.

      Germany is enlightened in this regard.

      CAPTCHA for this post: "suspect"

    21. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      "In Germany, the minimum time to be served for a sentence of life imprisonment is 15 years after which the prisoner can apply for parole. If the verdict in the original trial includes an explicite finding of "exceptional gravity of guilt" (in German: "Besondere Schwere der Schuld") then the possibility of parole after 15 years is excluded and the prisoner can apply for the first time after 18 years. After about 10 years of imprisonment, a specialised chamber (technical term in German: "Strafvollstreckungskammer") of the criminal court which is responsible for the case sets a recommended minimum term to be served depending on the individual characteristics of the crime, in other words, a minimum time which is deemed just and appropriate for the gravity of the crime. Release of a prisoner on parole requires (1) that this minimum time is served and (2) that a psychological expert opinion finds no further dangerousness for this prisoner and a positive social prognosis. In reality, a finding of "exceptional gravity of guilt" drastically increases the time before parole is granted. The average time served for a life sentence in Germany is around 20 years. Around 20% of all people serving life imprisonment stay in prison until their natural death."

      http://www.economicexpert.com/a/Life:imprisonment.html

    22. Re:Bubby? Is that you? by stumblingblock · · Score: 1

      Wow. The latest example of a German law apparently designed to proclaim to the world: WE ARE NOT NAZIS!!!!, in fact, when we arrest people we treat them with the utmost respect, unlike those nasty people who used to run our country, who were ALL killed, which they deserved.

    23. Re:Bubby? Is that you? by jipn4 · · Score: 4, Insightful

      No I think the idea here is that if you have done the time in jail then you should have the right to a normal life.

      That's a seriously wrong understanding of a "normal life". After they come out of jail, the government has an obligation to treat these people no differently than anybody else. Everybody else (employers, private citizens), however, are under no obligation to forgive and forget.

      There is something seriously wrong with you if you think that it is the government's job to revise historical facts for the purpose of tricking me into associating with people I would otherwise not want anything to do with.

      This is the premise of our entire justice system.

      If rewriting historical facts is a recognized function of the German justice system, then Germany is already careening out of control towards fascism again.

      Ask yourself if you were introduced to a person and you found out that they were murderers would you think of them the same way?

      Of course not. They are murderers. They have to live with the consequences of their past actions, just like everybody else.

    24. Re:Bubby? Is that you? by amiga3D · · Score: 2, Insightful

      BULL! Straight BULLSHIT! To compare race to someone who chooses to brutally murder and mutilate a person. SHAME! Shame on you!

    25. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      You have a duty to not assume they're still bad people, or that they even were in the first place. Prison can change people dramatically; who are you to judge?

    26. Re:Bubby? Is that you? by Majik+Sheff · · Score: 1

      Impressive, I expected this thread to be Godwinned in the first 2 or 3 posts.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    27. Re:Bubby? Is that you? by buswolley · · Score: 1

      Yeah Germany, bring it onto anonymous-ass!

      --

      A Good Troll is better than a Bad Human.

    28. Re:Bubby? Is that you? by stumblingblock · · Score: 1

      No, not comparable. Someone makes a conscious decision to commit murder, no one makes a conscious decision to be of a particular race, gender.

    29. Re:Bubby? Is that you? by Carewolf · · Score: 0

      Maybe they should be warned about the public, and how the public doesn't respect or understand legal concepts?

    30. Re:Bubby? Is that you? by buswolley · · Score: 1

      I don't have a duty to assume anything of the kind. Moreover you would be stupid if you did. Prison is about punishment, not rehabilitation. They come out worse, half the time.

      --

      A Good Troll is better than a Bad Human.

    31. Re:Bubby? Is that you? by LKM · · Score: 3, Insightful

      They killed somebody, they were convicted, they served their time. If you think people should never be allowed to enter society again after killing somebody (which is an entirely acceptable point of view), change the laws.

    32. Re:Bubby? Is that you? by Anonymous Coward · · Score: 1, Insightful

      I think a society does have to treat people released out of prison the same as anyone else - otherwise they should have given them a longer sentence. However, that does not mean that therefore their past has to be whitewashed. Enforcement of that is a blatant violation of freedom of speech, one of our most important treasures.

    33. Re:Bubby? Is that you? by Sir_Lewk · · Score: 1

      Race, gender, and sexual orientation are not choices that someone makes. (I swear I will personally skullfuck the first person that responds to the sexual orientation part of this, it is offtopic, just let it slide...)

      Killing a man is a choice that you make.

      Is it really that unreasonable to judge people by the choices they make?

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    34. Re:Bubby? Is that you? by Blue+Stone · · Score: 3, Interesting

      The premise of the law is laudible, but rather than have everything related to them shovelled down the memory hole, lest someone googles their names and decides not to give them a second chance, wouldn't it be easier if they simply changed their names?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    35. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Of course it is not the same thing!
      I can't imagine why would anybody think it is.

    36. Re:Bubby? Is that you? by i_liek_turtles · · Score: 2, Informative

      You can choose to murder someone. You cannot choose your race.

    37. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      "This is another area where Europe is way ahead of the USA"

      I always find this an odd attitude. Yes Europe is softer on criminals but is this always a good thing. They are far more worried about the murderer than the victim. They are more concerned with allowing the murderer to get on with their lives than the fact the victim no longer has a life to get on with. Some crimes like child molestation have extremely high rates of relapse and even murderers often commit other murders. I do understand the idea of a sentence being the full punishment and back in the day it was more that way in this country. A 100 years ago doing a little time for getting into some trouble didn't follow you for the rest of your life like it does now but murder is different. Accidental death is one thing but when some one intended to kill another person I don't think they should be released until the victim is returned to life. Too many innocent people are killed under a death penalty system, one is too many, but murder should always be life without parole, period. Complaining because they won't let you get on with your life to me is insane and where Europe is way behind the US. Burying the facts doesn't undo the crime. I think some crimes need to be forgotten after a sentence is served and that IS where the US has fallen behind. Murder and child molestation are two I don't believe people should have the right to simply get on with their lives after they serve a few years.

    38. Re:Bubby? Is that you? by buswolley · · Score: 1

      SInce death is the ultimate punishment, HItler has served his *time*. THus we shall never speak his name again in association with the millions of deaths of human beings he caused through his leadership. Right? Hell no.

      --

      A Good Troll is better than a Bad Human.

    39. Re:Bubby? Is that you? by ProfM · · Score: 1

      These people committed a crime, did their time and now they are free again. They should be given a chance to reintegrate into society.

      So do you make the same argument for pedophiles? Should we not know about these crimes and these "peoples" whereabouts either?

    40. Re:Bubby? Is that you? by Attila+Dimedici · · Score: 1

      Yet it's pretty much in the same ballpark as the laws against discrimination based on race, gender, sexual orientation...

      Say you're looking to hire someone and one applicant served a sentence for murder. He might cause trouble, or might not. You can look at statistics about recidivists to find the odds.

      You don't need to look at statistics about recidivists, this applicant has exhibited negative behavior in the past.

      Suppose one applicant is of race X. He might cause trouble, or might not. You can look at crime statistics by race to find the odds.

      Same thing.

      Crime statistics tell you nothing about the behavior of this individual. If you look at crime statistics by neighborhood and then by race, much (possibly all, I haven't done a detailed study) of the discrepancy between race disappears.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    41. Re:Bubby? Is that you? by annodomini · · Score: 4, Insightful

      Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it?

      This is an issue about freedom of speech versus the right to privacy. The murder is a simple fact, but it's something that happened almost 20 years ago. They have done their time, and are being released back into the world, where they need to try and put together a life again. Now, the question is, should anyone (such as potential employers) be able to Google their names and get a Wikipedia article naming them as murderers as the first hit?

      This is a tough question. On the one hand, it is a plain and simple fact, that has been widely publicized, so it's fairly hard to put the cat back in the bag. On the other hand, someone who's been in prison for years, and is getting out and trying to re-integrate with society, doesn't need the added burden of everyone who interacts with them treating them with fear and suspicion because of something that happened long ago. Some judicial systems (such as that in the US), focus most on punishment and the deterrent value that supposedly has; others focus on rehabilitation and turning someone back into a productive member of society.

      Now, I do favor protecting freedom of speech in this case; you can't suppress the information entirely, so any attempt to is just going to be more harmful than helpful. But I just wanted to point out that just because something is a simple fact, does not mean that it's OK to publish it on the public Internet.

    42. Re:Bubby? Is that you? by jcr · · Score: 1

      Yet it's pretty much in the same ballpark as the laws against discrimination based on race, gender, sexual orientation...

      Nope. Not even close.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    43. Re:Bubby? Is that you? by jnik · · Score: 1

      Note the name of the Wikimedia counsel...I have to wonder if it's that Mike Godwin.

    44. Re:Bubby? Is that you? by jcr · · Score: 5, Insightful

      You have a duty to not assume they're still bad people,

      Like hell I do. I can assume whatever I care to, with or without your approval.

      who are you to judge?

      I'm a person with the right to form my opinions according to my own standards. Who are you to order me not to?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    45. Re:Bubby? Is that you? by Opportunist · · Score: 4, Insightful

      The idea, the concept behind crime&punishment, is that you paid your dues after you are released from prison. Especially in the case of murder these people are examined to determine if they're still a threat for humanity. If they are, they don't go free.

      If you don't want to give these people a chance to reintegrate into society, why bother releasing them at all?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    46. Re:Bubby? Is that you? by Pecisk · · Score: 1

      And you really think that they can erase all traces of information? Seriously? With this request they cemented this information in thousand places and sites, they got themselves in spotlight, instead of living their own lifes and dealing with fact that they actually took someone's life.

      The fact that they served their time doesn't change the fact. They did it. They where fully convinced. Period. In their minds, they will have to live with that. If it was I, I would be more worried about my soul than what other thinks about me.

      I think these people deserve more kicking, because I rarely doubt that this German law can be or could be enforced this way. They just want to erase the fact. No sugar. Germany Wikipedia just gave up, not wanting to deal with lawsuits (because they simply have no money to defend themselves). I really doubt that real test in court would stand. I hope someone with more money in Germany would take this to court, for clarity sake.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    47. Re:Bubby? Is that you? by Opportunist · · Score: 2, Insightful

      Yes, I do make the same argument for anyone. If they're released, then they are deemed no longer harmful. If they were considered harmful, they would not be released. Yes, there are of course problems with this. Laws are the work of humans, humans err and thus other humans get harmed. But what's the alternative?

      To you the same question that I asked above, if you don't want to give a person the chance to reintegrate and redeem, why bother releasing them?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    48. Re:Bubby? Is that you? by jipn4 · · Score: 1

      Yet it's pretty much in the same ballpark as the laws against discrimination based on race, gender, sexual orientation...

      If Germany wants to pass a non-discrimination law for ex-murderers, that's fine. But non-discrimination laws only protect against discrimination by government, employers, housing, and businesses. Privately, people can choose their friends as they like. I can put up a sign on my front door saying "Catholics, Homosexuals, and Vietnamese Not Welcome".

      But that's not what's happening here. Germany is trying to alter the historical record and established facts in order to trick people into associating with these murderers even though they otherwise wouldn't. That goes far beyond non-discrimination. It is Orwellian, and it is unacceptable.

    49. Re:Bubby? Is that you? by Anonymous Coward · · Score: 1, Insightful

      Let's define some things here bub:

      A soldier defending himself from someone who is trying to kill him is not a murderer.
      A soldier defending a third party from someone who is trying to kill them is not a murderer.

      When one of our soldiers, or a group of soldiers goes out and purposefully kills a bunch of innocents, they are murderers... And they stand an increased chance of being prosecuted for it, relative to any other country.

    50. Re:Bubby? Is that you? by Florian+Weimer · · Score: 2, Insightful

      Sorry, but I have no duty to treat a murderer the same way I would treat an innocent person, even if they've served their sentence. The German parliament made a poor decision to pass a law protecting a murderer from the disgust of the public.

      You got that backwards. Precisely due to the lack of that duty, their names need to be withheld so that they can start a new life outside of prison. The alternative would be to keep most offenders in prison forever, but that's not what's currently being done over here.

    51. Re:Bubby? Is that you? by Opportunist · · Score: 1

      You cannot erase information. Ever. The information is also on file, so if you are interested enough you can dig out the verdict.

      I think this might even stand test in court. German courts tend to side with the protection of personal information, at least as long as no financial interest or government is in the way.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    52. Re:Bubby? Is that you? by jipn4 · · Score: 2, Insightful

      This deficiency is being adressed, though. See, for example, "hate crime" laws.

      I don't follow you here. How do hate crime laws contradict the notion that "truth is an absolute defense" in the US?

      Hate crime laws apply when someone has committed a serious crime. They set enhanced minimum penalties when the crime was committed out of hatred against one of the enumerated minorities. The reason for that is that juries have traditionally been softer on criminals who hurt minorities.

      So, how do hate crime laws at all relate to the German law? How is truth being suppressed by hate crime laws?

    53. Re:Bubby? Is that you? by bcat24 · · Score: 1

      Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it?

      Why not? People who really want these data will be able to get them no matter what. There is no privacy anymore; the only thing protecting most people is that they just aren't interesting enough for anyone else to care.

    54. Re:Bubby? Is that you? by pthisis · · Score: 1

      It is the same Mike Godwin who created Godwin's law. He moved from the EFF to Wikimedia counsel in 2007, IIRC.

      --
      rage, rage against the dying of the light
    55. Re:Bubby? Is that you? by Anonymous Coward · · Score: 1, Interesting

      You've got no duty...but...so what if they killed some one?

      What if they're a soldier or a LEO who took out someone in self defense? For that matter--I'm from the states. I believe (and my state actually constitution grants the right) that I've pretty much got an absolute human right to defend myself. Somebody breaks into my house...(or even tries to use violence to get me to move in public, although I would choose to move on then)--I've got an unconditional right to stand my ground and utilize deadly force.

      Does it make me a bad person? You don't have to treat me the same way if you found out I did it--but I see more than enough situations where there's a completely legitimate reason to kill someone that..not everyone who did it ought to be ostracized. Even if you don't agree with my example--if you claim there's never a need for police to utilize deadly force--you're not only likely insane, but just plane wrong.

      Honestly--all this stuff about people who kill someone being bad...is a load of shit. It has value only as much as any other rule does--in that it's a perfectly good general guideline and objective--but falls apart ridiculously like any unprincipled rigid interpretation of rules always does.

      A person who is not willing to fight, and even murder under ANY circumstance is NOT civilized. They are a coward with nothing they hold sacred--and less worthy of respect than even the worst of villains--who at least have a principle. I'm sure many have said it better, or less bluntly than that--but it's the truth. As society--we can and should disagree on what circumstances may be acceptable--but anyone who feels that there could never be a time for killing thinks so little of themselves that they may as well not exist.

    56. Re:Bubby? Is that you? by Snarky+McButtface · · Score: 1

      Will I dinner and a movie come with that skullfuck?

    57. Re:Bubby? Is that you? by Ironsides · · Score: 1, Troll

      Would you include the police officers with those that "kill people for a living"? Because really, there is no difference between military and police.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    58. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      At the risk of replying to a troll ... I'll take the bait.

      In what alternate universe do you live in?

      A murderer DECIDES to commit a heinous against another human, and by extension, humanity as a whole. Stay clear! If society had any sense they would have executed him, not try to rehabilitate him. That would be justice.

      Someone who was BORN must have a race, has no decision in the matter, nor does he have any choice as to where he was raised, and even if he were raised in the most horrible of circumstances imaginable still has a CHOICE to make as to how he will conduct his life. Treating this person as anything less than a citizen in good standing based solely on his appearance is morally reprehensible.

    59. Re:Bubby? Is that you? by jipn4 · · Score: 2, Insightful

      Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it?

      They are private facts. The people who hold that information have always been, and will always be, contractually and legally obliged to keep those facts private.

      This is an issue about freedom of speech versus the right to privacy. The murder is a simple fact, but it's something that happened almost 20 years ago.

      The identity of the murderers isn't just a fact, it's a public fact, part of the public record, established in a public trial.

      But I just wanted to point out that just because something is a simple fact, does not mean that it's OK to publish it on the public Internet.

      The question is not whether this fact may or may not be published; it has been published and is part of the public record. The question is whether government has the right to retroactively rewrite public databases, public records, and public facts.

      The only possible answer is a resounding "no". Fascist states, dictatorships, and communist states rewrite history; democracies do not.

      This is a tough question.

      No, it really isn't.

    60. Re:Bubby? Is that you? by Ironsides · · Score: 1, Troll

      Not everything out of academia. The engineering & sciences side is pretty realistic when it comes to the world. The liberal arts side, not so much.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    61. Re:Bubby? Is that you? by nametaken · · Score: 1

      No. It's not.

      One has chosen to kill people.

    62. Re:Bubby? Is that you? by jgrahn · · Score: 3, Insightful

      Sorry, but I have no duty to treat a murderer the same way I would treat an innocent person, even if they've served their sentence. The German parliament made a poor decision to pass a law protecting a murderer from the disgust of the public.

      I'd prefer not to know, so I could treat them the way I'd treat anyone. The way I see it, that way they have the possibility to redeem themselves. If they are hated and persecuted everywhere they go, what good are they to themselves or to anyone else?

    63. Re:Bubby? Is that you? by Snarky+McButtface · · Score: 1

      Hitler was never convicted of any crimes in a court of law. Therefore he had no sentence to serve.

    64. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Forming opinions and assumptions without meaningful evidence helps no one. Your decision to be distrusting without first examining how the murders' lives may or may not have changed is indeed an act of prejudice, as you have no way of knowing if they are the same people they were when they committed the crime. As a result, there is no way to form an opinion in the matter, except based in one's emotions and assumptions based on similar accounts with other people. This is fallacious because one's emotions do not have any bearing on the two individuals in question, and provide no meaningful information about whether or not they are still bad people.

      That being said, I agree that the prison system isn't perfect, and the Wikipedia article observes that they mutilated their victim, most likely because he was a homosexual, so that research suggests some fairly deep-seated problems that might be hard to get rid of. However, outright assuming that all murderers will remain of poor moral character after spending a sixth of their adult lives in prison is irrational, and the absence of any mention of the facts of the case in your posts makes it appear that you were, in fact, aiming to make that generalisation.

      You may have the right to form an opinion, but opinions can still be wrong, stupid, poorly-reasoned, and emotional. Since your defence was "I'm a person with the right to form my own opinions [...]" and not something more specific, I believe your reasoning was all of these.

    65. Re:Bubby? Is that you? by cbreak · · Score: 1

      It depends on the fact.

      Some facts are private, like this one apparently. Privacy laws are not everywhere as worthless as in the USA.
      Past convictions, medical history and many other things are not something that the general public is supposed to know.

      I am sure there exist facts that you would prefer to not be publicly known and be it only your passwords to your bank account and nude pictures of your imaginary girlfriend.

    66. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      They did 20 years in prison, if you give them a fair chance they might actually prefere to do honest work and not get sent back, on teh other hand, if they don't even get a chance to start a new better life, why not go back to being a criminal where being convicted of murder doesn't always have to be a bad thing.

      so A) We murder everyone who is a threat to society (where do we draw the line though, murderers, rapists, assault that leaves permanent damage, drunk drivers who kills someone, drunk drivers who didn't kill anyone yet but they could)

      or B) We sentence them to something (prison etc.) and when they are done they get to get on with thier lives.

      or C) We sentence them to something (prison etc.) and when they are done we stigmatize them and make there life living hell to make them "less of a threat"

      Ask yourself which one you prefere (I'm not saying that any of them is "right", there could be opinions for all of the options)

    67. Re:Bubby? Is that you? by palegray.net · · Score: 4, Insightful

      I think every single member of society has a right to know the past criminal history of someone they're in any kind of relationship with. This is completely different from saying someone shouldn't be allowed to re-enter society, but the fact that may people have a hard time getting better than a minimum wage job after committing murder isn't something I feel bad about.

    68. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      That's just fucking dumb. You're born to a certain race. You choose to kill someone.

    69. Re:Bubby? Is that you? by jcr · · Score: 2, Informative

      Forming opinions and assumptions without meaningful evidence helps no one.

      The given situation is that the people in question are murderers. Did you miss that subtle little point?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    70. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      You are the one arguing that we should just not care that Wolfgang Werlé and Manfred Lauber *murdered* someone (come sue me now, bitches). I don't think it's jcr who is being irrational.

    71. Re:Bubby? Is that you? by jellybear · · Score: 1

      So the state thinks the public needs to be kept ignorant in order to behave properly? The public is too immoral to be expected to behave fairly if allowed to know the truth? Is this sort of paternalism appropriate in a transparent information society, where were are told "privacy is dead - deal with it"?

    72. Re:Bubby? Is that you? by bitt3n · · Score: 1

      Yes. That's why they're called facts. If you want a normal life, it's your job to spend the rest of it convincing everyone that you aren't the person you were. Redemption, not revision.

      revision's a great idea actually. let people talk about the crime of Wolfgang Werlé, but then give the criminal the right to call himself Wolfgang Werlé 2.0 once he is let out of jail. Then people can say "aren't you that murderer?" and he can say "no, that was fixed in the current release."

    73. Re:Bubby? Is that you? by bitt3n · · Score: 1

      hm, although if you meet someone named Wolfgang Werlé 8.0, you probably ought to start worrying.

    74. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      The grandparent is a troll, but the posture of the US military is not one of self defense or even defense of a third party. It is of war, with all the ugly ambiguities that war contains. Including the killing of innocents, through negligence or purpose, in order to reach a target.

    75. Re:Bubby? Is that you? by YrWrstNtmr · · Score: 2, Insightful

      What if they're a soldier or a LEO who took out someone in self defense? For that matter--I'm from the states. I believe (and my state actually constitution grants the right) that I've pretty much got an absolute human right to defend myself. Somebody breaks into my house...(or even tries to use violence to get me to move in public, although I would choose to move on then)--I've got an unconditional right to stand my ground and utilize deadly forc

      This was not self defense, home defense, nor an accident. Neither were they cops or soldiers.

      Allow me to edit my prev statement:
      Because they actually killed someone in cold blood, apparently because he was gay.

      Pull out all the self defense strawmen you want. But you're badly wrong.

    76. Re:Bubby? Is that you? by roguetrick · · Score: 1

      Its not unreasonable. But when that judgment makes the murderer unable to reenter society despite a courts decision that they are able to, it creates a social problem where the person might as well end up back in jail. While the fact that this is murder we're talking about certainly clouds that, it also proves the amount of social outrage against a murderer. If you want to make it easier to swallow, consider that sort of legislation in place regarding someone who committed vehicular manslaughter due to drunk driving.

      --
      -The world would be a better place if everyone had a hoverboard
    77. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      What I'm saying is that ten years is a long time. You don't know if they're still murderers.

    78. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      When one of our soldiers, or a group of soldiers goes out and purposefully kills a bunch of innocents, they are murderers... And they stand an increased chance of being prosecuted for it, relative to any other country.

      So what do you call your soldiers who go out into a different country on a different continent and purposefully kill a bunch (100,000s) of innocents, along with all of the country's soldiers who had the temerity to defend said innocents? (Yeah, I know, they're called "our troops" and "our heroes" and are pampered for life afterwards.)

    79. Re:Bubby? Is that you? by John+Hasler · · Score: 1

      > Hate crime laws apply when someone has committed a serious crime. They set
      > enhanced minimum penalties when the crime was committed out of hatred against
      > one of the enumerated minorities.

      That was the original idea. Now, in certain jurisdictions, people have been charged with a "hate crime" for criticizing a religion.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    80. Re:Bubby? Is that you? by roguetrick · · Score: 1

      Well put, the debate is between that argument and the argument that the government is attempting to control people's thoughts.

      --
      -The world would be a better place if everyone had a hoverboard
    81. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      it is offtopic, just let it slide

      So why did you include it?

    82. Re:Bubby? Is that you? by roguetrick · · Score: 1

      Not if such name changes are tracked by websites such as wikipedia.

      --
      -The world would be a better place if everyone had a hoverboard
    83. Re:Bubby? Is that you? by Jesus_666 · · Score: 2, Interesting

      Given how people are, that makes redemption impossible. Look at the comments here - half the people say that because they murdered someone they shall never be respected again by anyone, thus it's imperative that everyone be told about what they did. In short, because they took a life they shall never be able to properly live one.

      I don't know about the States but I like to think that over here we've outgrown eye-for-an-eye. Granted, I'd feel uneasy around someone I know to be a murderer but I wouldn't go out of my way to harm them.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    84. Re:Bubby? Is that you? by Jesus_666 · · Score: 1

      You're asking a person that most likely wouldn't want to release them at all. Most people commenting on this story don't seem to subscribe to the notion of a former inmate deserving dignity.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    85. Re:Bubby? Is that you? by gclef · · Score: 1

      To quote a comment above, there's a big step between re-integration/redemption and revision. The rest of us have to live with our histories, especially the public parts, why should criminals be exempt from that?

    86. Re:Bubby? Is that you? by BemoanAndMoan · · Score: 1

      WTF?

      There is a big difference between murder as the sub-plot to a country implementing a selfish and morally ambiguous agenda through force, and individuals who (as part of their job description) protect the general population from people who are trying to kill them, applying as a general rule non-lethal means.

      On a more related note, jail is punishment, not redemption. I couldn't give a donkey's dick that they spent time in jail and want to move on with their lives, or that they're going to have trouble finding meaningful employment. You don't want people to point at you and say "yep, that's the dickhead who killed somebody", the path to that life is pretty frickin' obvious!

    87. Re:Bubby? Is that you? by Opportunist · · Score: 1

      Then don't let them out anymore at all. Would be interesting, lifetime prison sentences for every minor crime. Wonder how many people will remain in freedom. It should take care of any unemployment issues, though.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    88. Re:Bubby? Is that you? by Opportunist · · Score: 1

      What public ones? That you have been married before? That you wrote "my teacher stinks" on the blackboard in third grade? What else could be there that makes people throw stones through your window when they realize what you did and dared to move in next door?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    89. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      You can choose your own gender. You can also choose to be a murderer. Gender and being a murderer should be treated the same in this case.

    90. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Because he's trolling.

    91. Re:Bubby? Is that you? by onepoint · · Score: 1

      Let's take this to the next level:
      A soldier is taught how to kill and effective at that talent.
      A soldier is also taught to take orders, and listen and obey a superior.

      would I think any different with them than a street person, Yes, I Have
      a person that can do what is told, and knows enough to kill me. if motivated
      correctly, I can channel that killing energy into effective business practice.

      a murderer, is someone that killed with his own motive, without ( in most cases )
      reason, ( I don't consider the act of self defense as murder, it's survival with
      the outcome of death to the other side ). So am I going to treat or employ a murderer,
      maybe, but it's going to be in one of those jobs where the public are not met regularly.

      yes they did the time, but that does not mean that I need to deal with them.

      --
      if you see me, smile and say hello.
    92. Re:Bubby? Is that you? by fotbr · · Score: 1

      Yes, you do. They murdered someone. That is a fact, and doesn't change after a period of time.

    93. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Well, if such were widely publicized, we actually might follow the law with regard to SSN's "NOT FOR IDENTIFICATION PURPOSES." Passwords, bank balance and credit card transactions are not legally obtainable to parties whose interests aren't in keeping keeping them confidential. I honestly don't care whether my medical history is public.

    94. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      But I just wanted to point out that just because something is a simple fact, does not mean that it's OK to publish it on the public Internet.

      The question is not whether this fact may or may not be published; it has been published and is part of the public record. The question is whether government has the right to retroactively rewrite public databases, public records, and public facts.

      Irrelevant. Stipulate that the aforementioned social security number, bank account balance, or credit card transactions had somehow become part of the public record. Does the government have the write to retroactively rewrite public databases, public records, and public facts, to remove *these*?

      Begging the question and ignoring your opponents points aren't strategies that are going to win you any arguments.

    95. Re:Bubby? Is that you? by akboss · · Score: 1

      Now, the question is, should anyone (such as potential employers) be able to Google their names and get a Wikipedia article naming them as murderers as the first hit? Seems potential employers would learn of that when they read the application where it asks your last employer or where you lived for the past 10 years... Oh I see that you did not write down where you were living for the past 20 years and I see you haven't listed a job in those same 20 years. I see you checked the box that says you have a felony conviction.....

      --
      "Remember, politicians and diapers should be changed often and for the same reason."
    96. Re:Bubby? Is that you? by flameproof · · Score: 1

      Until it's you.

      --
      ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
    97. Re:Bubby? Is that you? by AllergicToMilk · · Score: 1

      If someone comes into unfettered possession of that information, yes, they may legally publish it as they see fit in the U.S. Suppose you were to personally tell me, a stranger, that information. Do you honestly think there are laws to prevent me from disclosing it to anyone I liked? Think again. There are specific laws to protect this kind of information in a sort of "blanket privacy contract" between you and certain entities you do business with so you, the consumer, do not have to navigate a minefield of contract law every time you see a doctor for a cold, but that differs substantially from this law that states that something you know and learned without any restriction whatsoever, you are no longer permitted to utter.

      --
      There are only 6,863,795,529 types of people in the world.
    98. Re:Bubby? Is that you? by palegray.net · · Score: 0

      No. That includes me. I don't care if it's me, my brother, my father, my mother, or anyone else I care deeply about. A conviction is a conviction; it's part of the public record and should not be suppressed.

    99. Re:Bubby? Is that you? by Ironsides · · Score: 1

      There is a big difference between murder as the sub-plot to a country implementing a selfish and morally ambiguous agenda through force, and individuals who (as part of their job description) protect the general population from people who are trying to kill them, applying as a general rule non-lethal means.

      Depending on the law, I'm pretty sure I could apply that phrase "a country implementing a selfish and morally ambiguous agenda through force" to a country's own citizens. A few dictatorships come to mind. And while police officers in the US try to use non-lethal means first, they still have the force of guns as a the final backup. All laws are ultimately enforced by guns, even if it is only the threat of the use of guns.

      As the OP said:

      Apparently you don't have family who were in the military. And don't give me that crap about it being justifiable homicide just because Uncle Sam told you to kill them. There is no pacifist branch of the military, and you can't claim the moral high ground when you kill people for a living.

      Police officers perform the same function as military, enforcement of a countries laws and policies, the only difference is who it is enforced upon. Both are authorized to use deadly force by the government.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    100. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      I disagree the USA is way ahead of Europe for the reason being truth should be an absolute defense. I should never have to fear saying something which is a fact.

    101. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Stipulate that the aforementioned social security number, bank account balance, or credit card transactions had somehow become part of the public record. Does the government have the write to retroactively rewrite public databases, public records, and public facts, to remove *these*?

      If your social security number, bank account balance, or credit card transaction have become part of the public record (e.g., as part of a trial), they stay that way. There are plenty of legal case files that contain such information.

      Begging the question and ignoring your opponents points aren't strategies that are going to win you any arguments.

      It may only seem like "begging the question" to a complete moron.

    102. Re:Bubby? Is that you? by Tellarin · · Score: 1

      Killing somebody while drunk driving is murder in 1st degree. And should be treated as so.

      When one starts do drink and is planning on driving later while drunk, the person is perfectly aware that he/she can kill somebody.

    103. Re:Bubby? Is that you? by jim_v2000 · · Score: 1

      Oh boo fucking hoo. They can't live a normal life after murdering someone...such a travesty. To answer your question, YES, those facts should always haunt them.

      --
      Don't take life so seriously. No one makes it out alive.
    104. Re:Bubby? Is that you? by ChienAndalu · · Score: 1

      Wikipedia and its content, including the article in question, is hosted in the US. Why should the Wikimedia foundation comply to German laws just because some articles are written in German? Should articles written in Farsi comply to Iranian law, too?

    105. Re:Bubby? Is that you? by PiSkyHi · · Score: 1

      I won't argue with that!

    106. Re:Bubby? Is that you? by Inda · · Score: 1

      We, the US citizens, cannot let this these foreign laws stand. Invade!

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    107. Re:Bubby? Is that you? by jim_v2000 · · Score: 1

      Hey, I'd keep my eye on veterans too. I knew a Vietnam veteran who woke up in the middle of the night holding a knife and standing over his son's bed. He'd been having some kind of flashback. Like it or not, after a story like that, I'm going to sleep lightly if ever I have a veteran who's seen combat sleeping in my house.

      --
      Don't take life so seriously. No one makes it out alive.
    108. Re:Bubby? Is that you? by jim_v2000 · · Score: 1

      I was going to hire a murderer once and I looked into the relevant criminal statistics. Apparently 100% of murderers have murdered someone. Who knew?! Obviously I couldn't give him the job.

      --
      Don't take life so seriously. No one makes it out alive.
    109. Re:Bubby? Is that you? by gclef · · Score: 1

      Me? I'm a bad example. Let's talk instead about Monica Lewinsky. She's a much better example.

      Monica Lewinsky never served time and was never even accused of a crime. However, when you google her the first record that comes up will be about her involvement in a sex scandal that nearly brought down a sitting US president. She will carry that fact with her for the rest of her life. In fact, she's had to move out of the US due to her inability to live like a normal human being in the States. Why should convicted criminals have more rights to purge their histories than she does? After all, she wasn't even accused of a crime, never mind convicted.

    110. Re:Bubby? Is that you? by PitaBred · · Score: 1

      So you're saying that if I kill someone, I can serve my time and then go on about my life? What about the person that died? Hardly seems like justice, societally or otherwise. They don't get to pick back up where they left off after they've been dead.

    111. Re:Bubby? Is that you? by PitaBred · · Score: 1

      No, it's not the same thing. Racism like that is applying the trends of a group of people to a single person. Not hiring a murderer? That's knowing that specific person killed someone in the past, and isn't just like the rest of us. If someone has a history of bad credit, I'm not going to extend them credit. Same thing.

    112. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      I suppose, if Hitler was tried and executed, you could never mention his name in the history of WWII for he had done his punishment. That is bull crap. Your act of murder is a historical event and should not be censored. If, you do not want negative history about youself, then do not murder people.

      This is just liberal nonsense. Even when you murder someone, it really is not your fault and society should never judge you by your behavior. What about the victim? They have the right to have those who murder them to be forever held accountable.

    113. Re:Bubby? Is that you? by JDevers · · Score: 1

      We don't have to...the page is the US page and our law allows us to discriminate against those that kill us.

    114. Re:Bubby? Is that you? by PitaBred · · Score: 1

      So, tell me... how fast is the life of the person they killed being put back together?

    115. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      The choice/innate distinction doesn't work. Some of the categories protected by non-discrimination laws are choices. You choose to be a Christian, just like you choose to be a murderer. So, it is possible to have non-discrimination laws based on choices, not just innate characteristics.

      But if Germany had non-discrimination laws for rehabilitated criminals, we wouldn't be having this debate. Instead, Germany wants to force the world to rewrite history in order to help with their rehabilitation, and that is not acceptable no matter whether non-discrimination is warranted or not.

    116. Re:Bubby? Is that you? by snowgirl · · Score: 1

      No. That includes me. I don't care if it's me, my brother, my father, my mother, or anyone else I care deeply about. A conviction is a conviction; it's part of the public record and should not be suppressed.

      Just because it's public record does not mean that it's necessarily ok to invade their privacy over the issue, and push the information to a larger number of people than would otherwise know.

      You might argue that it's a public concern that someone was convicted of crime XY, but really, unless it's something with high repeat offense, there isn't really a reason for disclosing it wider than need be.

      Face it, the person bagging your groceries? It really doesn't matter to you that they did time in jail for having killed a friend in a fit of rage, because his friend was sleeping with his wife.

      Of course the whole thing here, is that the US focuses on PUNISHING people, while Europe in general focuses on REHABILITATING people.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    117. Re:Bubby? Is that you? by palegray.net · · Score: 0

      I don't think you understand what "public record" means. It is a statement of fact that these men committed the crime of murder. You cannot prevent people from publishing this information in any way that reflects a truthful account of it.

      Doing the time means more than simply serving a prison sentence. If you're convicted of fraud, should prospective employers not be permitted to know about it? People need to understand that committing serious crimes will have an effect on their ability to secure decent employment later. If they feel there were mitigating circumstances surrounding the crime, they are likewise free to make public statements to that effect.

    118. Re:Bubby? Is that you? by ozphobia · · Score: 1

      Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it?

      >

      But that is what facebook and twitter are for aren't they?

    119. Re:Bubby? Is that you? by snowgirl · · Score: 4, Insightful

      In theory right, but in this case you have to weigh the interests. These people committed a crime, did their time and now they are free again. They should be given a chance to reintegrate into society. At least in Germany the idea behind prison is to "better" the person, not just revenge and punishment. And this can be severely hindered if the first thing you find when you look for his name is that he's shot someone. Wikipedia has a tendency to come up as the first hit for any given keyword you might be looking for.

      Most Americans have been socialized in a culture of punishment, not rehabilitation. It is difficult to try to get us to avoid the knee-jerk reaction of "BUT HE NEEDS TO BE PUNISHED!" It's precisely why we imprison so much of our society.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    120. Re:Bubby? Is that you? by nutshell42 · · Score: 1

      Because if it appears likely that they'll do so again they shouldn't be out in the first place.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    121. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Your viewpoint is quite common, which is why the recidivism rate is through the roof.

      Beware unintended consequences.

    122. Re:Bubby? Is that you? by denebeim · · Score: 4, Insightful

      Or someone close to you that was killed by someone who was placed in an untenable situation. If you let someone out of prison and then make sure that they can't feed themselves or have anything resembling a life you shouldn't be surprised when they return to the only option left open to them, crime.

    123. Re:Bubby? Is that you? by u38cg · · Score: 1

      I don't agree with this. I'm very uncomfortable with the idea that truth is ever not a defense with regard to something you have published. If their identities need to be kept secret, change their names, issue them new passports, and ship them off to some other part of the country.

      --
      [FUCK BETA]
    124. Re:Bubby? Is that you? by Registered+Coward+v2 · · Score: 1

      Wikipedia and its content, including the article in question, is hosted in the US. Why should the Wikimedia foundation comply to German laws just because some articles are written in German? Should articles written in Farsi comply to Iranian law, too?

      No, and I didn't say that - the US operations comply with US law; the German, German. Of course, courts in each country may take a different view about jurisdiction.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    125. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      It is reasonable. We don't know the circumstances of their killing, and we have no reason to suppose it would have any effect on their work performance. As with race.

    126. Re:Bubby? Is that you? by jcr · · Score: 1

      You don't know if they're still murderers.

      What, do you imagine that they've invented a time machine, and gone back and prevented themselves from committing the crime?

      What's the definition of a murderer? It's a person who has committed a murder, QED.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    127. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      They are private facts. The people who hold that information have always been, and will always be, contractually and legally obliged to keep those facts private.

      Yes and no. They are private facts that almost no one should know without Your consent. On the other hand these are also simple 'private' facts that almost every large company knows about You - so they are not 'private' any more.

      I think that We have to rethink and most probably rebuild privacy laws. One should be able to truly protect own privacy in todays world. With current law, Internet, data sharing/selling etc. it's impossible.

    128. Re:Bubby? Is that you? by zonker · · Score: 0

      Since the Nazi era Germany has been trying to undo its own history out of shame and embarrassment. Hitler tried expunging their past and ever since they've tried expunging him from their past. Modern Germany has good intentions but the law system they've developed is a messed up funhouse mirror of criminal and civil law. By setting up a law system that doesn't allow for remembering their own history means they inadvertently risk repeating their past (again).

      Look at modern China for an extreme example of how this works. Most Chinese have no idea what happened at Tienanmen Square or what it means to their history. This murder case is only a small part of a bigger problem Germany has.

    129. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      So there is no way for someone to be rehabilitated? If that is what you believe, why not make laws to keep them in jail longer.

    130. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      If the sexual orientation aspect is offtopic, why mention it? As it is, it *may* be a choice, and it certainly is for some people.

      As for killing, it is not always a choice. Sometimes it is a loss of control, and have the killers been thinking clearly they would never have done so. There is a difference between a cold hearted killer who deliberately kills people, and someone who loses control and react emotionally, and is later regretful.

    131. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Do you realize you're shaming the entire country of Germany?

      It appears that Germany made the law because they felt that ex-convicts deserved similar protections to those enjoyed by disadvantaged races, genders, and sexual orientations.

    132. Re:Bubby? Is that you? by Vesvvi · · Score: 2, Insightful

      If they have paid their dues, and they are fully rehabilitated, then why does it matter if they are mentioned by name? After all, they're just normal citizens again.

      Clearly there is a disconnect between the theory of rehabilitation and what the public considers to be sufficient stigma for past offenders

    133. Re:Bubby? Is that you? by snowgirl · · Score: 1

      I don't think you understand what "public record" means. It is a statement of fact that these men committed the crime of murder. You cannot prevent people from publishing this information in any way that reflects a truthful account of it.

      Perhaps you're not aware that Protect Marriage Washington is arguing just such a thing before the Supreme Court.

      Basically, that yes, it is public record, and yes, any particular individual may receive that information, however that does not present them with the right to publish said public record.

      When the Supreme Court actually rules about whether it is actually against the law to publish public record or not, when a party may be damaged as a result of such publishing, I'll tell you what US law actually says about this.

      So far, the Supreme Court has held that their argument is credible enough to warrant enjoining the publishing of the public record before they can actually make a ruling.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    134. Re:Bubby? Is that you? by Reemi · · Score: 3, Informative
      I'm sad to see this un-informed and one sided reply on a well written opinion being moderated as informative. Having a hard time understanding what is informative.

      > This is an issue about freedom of speech versus the right to privacy. The murder is a simple fact, but it's something that happened almost 20 years ago.
      > The identity of the murderers isn't just a fact, it's a public fact, part of the public record, established in a public trial.

      Public trials, public records are public because of certain laws make them public (simply ignoring to check if it was a public trial in this specific case). In order to be able to have public trials, there is the need for additional rules. In Germany the people (being a democratic country) have decided to provide some kind of protection to offenders. So, when claiming information is public one must honor as well the limitations set that made this information public.

      > But I just wanted to point out that just because something is a simple fact, does not mean that it's OK to publish it on the public Internet.
      > The question is not whether this fact may or may not be published; it has been published and is part of the public record. The question is whether government has the right to retroactively rewrite public databases, public records, and public facts.

      Wrong. The question is whether the subjects have to right to request said information to be removed from public records that were illegally added to such public records. Note, in Germany the government has nothing to do with this at all; they wrote those laws in the past. It is now up to a judge to decide which law/right to uphold. As op said, there are different approaches to prison. Some countries see it as punishment, others as a correction tool where wrong behavior is adjusted. Study both approaches carefully and you'll see they are worlds apart.

    135. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Just because it's public record does not mean that it's necessarily ok to invade their privacy over the issue

      Being able to do that is what "public record" means.

      You might argue that it's a public concern that someone was convicted of crime XY, but really, unless it's something with high repeat offense

      For murder, even a "low [probability of] repeat offense" is too high.

      there isn't really a reason for disclosing it wider than need be.

      It's part of the public record. The record is public for good reason.

      Face it, the person bagging your groceries? It really doesn't matter to you that they did time in jail for having killed a friend in a fit of rage, because his friend was sleeping with his wife.

      It doesn't. So how is he harmed then by having his record be public?

      (The people in question here committed premediated murder for financial gain. They should never have been let out of prison in the first place.)

      Of course the whole thing here, is that the US focuses on PUNISHING people, while Europe in general focuses on REHABILITATING people.

      Come on, who do you think you're kidding? Many European legal systems and militaries are toothless because of the orgy of fascism and genocide across Europe in the 30's and 40's. They are toothless because the citizens didn't trust their governments and, in many cases, because the victors demanded it.

    136. Re:Bubby? Is that you? by palegray.net · · Score: 0

      It'll fail, as it should. As far as enjoining publication in the meantime, this is standard practice in contentious cases.

      On the off chance that is doesn't fail, don't worry. A great many people will simply publish such records outside the reach of those who would attempt to shut them down. I would fully support such measures.

      As a taxpaying citizen, I strongly oppose any measure to restrict the truthful recounting of anything that resides in the public record.

    137. Re:Bubby? Is that you? by esocid · · Score: 1

      If they really want to know, they can pay and find out, but I'd personally no want to be in any kind of a relationship, professional or otherwise, with someone who would violate common decency to dig into my background instead of asking me, and even then I'm not going to answer anyone who asks me, it's personal. And, I may or may not have a misdemeanor on my record, but it's not something I include in my introduction or put on my resume. People I'm close with know about it (if I in fact have one), from me, not from their own digging. I'm sure there is public information about you that you'd rather not have in the hands of every single person with whom you're in a relationship. I find your hyperbole and/or statement annoying, but not so much the part about murderers finding jobs.

      --
      Absolute power corrupts absolutely. indymedia
    138. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      The debate as to whether or not sexual orientation is a choice is offtopic. I included it because many who do have alternative sexual preferences claim that it was not a choice and is therefore, in that limited scope, relevant.

      Furthermore, it is every individuals responsibility to control themselves. Failure to do so is nobody's fault but their own (barring mental illness, which sentancing is supposed to take into account).

      Posting AC because I don't want to raise up unmodded AC posts...

    139. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Furthermore, it is every individuals responsibility to control themselves. Failure to do so is nobody's fault but their own (barring mental illness, which sentancing is supposed to take into account).

      Yes, but there is a distinction, as I said, between someone who momentarily lost control, and did something out of character that they will forever regret, and someone who killed deliberatly without remorse. The first type should NEVER be jailed for life.

    140. Re:Bubby? Is that you? by prefec2 · · Score: 1

      That's why you request a code of conduct document from your new employees, also you can ask them on that topic.

    141. Re:Bubby? Is that you? by jipn4 · · Score: 2, Insightful

      The question is whether the subjects have to right to request said information to be removed from public records

      They clearly have that right in Germany. The question is what that says about German democracy.

      To most people in functioning democracies, it is absolutely unthinkable for a democratic government to alter the contents of historical archives or libraries, for any reason whatsoever. If Germans (or you) think this is OK, there is something wrong with you and the rest of the world cannot trust you or your democracy.

      And no matter what you or other Germans think about it, rest assured that the US will not permit having Germany's views prevail in this matter in international law.

      (As for your other comments, you don't even know what a "public record" is, so don't talk about people being "uninformed".)

    142. Re:Bubby? Is that you? by palegray.net · · Score: 0

      If I were an employer checking into your background, I'd find anything in the public record I could about you. If you don't like that, fine... I simply wouldn't employ you.

      There isn't anything in public records I'm embarrassed of. What made you so sure there would be?

    143. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      While I agree with the basic sentiment of your posts, the law is not on your side.

      If they're released, then they are deemed no longer harmful. If they were considered harmful, they would not be released

      This only applies to cases where the convict is released sooner than the term set by the original verdict. Convicts that have served their full time are not re-evaluated before they are released back onto the world.

      Yes, there are of course problems with this. Laws are the work of humans, humans err and thus other humans get harmed. But what's the alternative?

      One of the alternatives follows from my statement above: do not release without evaluation. Ever. Another alternative is to employ banishment instead of release. Seriously, there are a lot of alternatives. My personal favourite is a conditional death penalty: I would support a judge's ability to tell a convict "you'll be out in ten years, but if you do that again we'll have your head".

      To you the same question that I asked above, if you don't want to give a person the chance to reintegrate and redeem, why bother releasing them?

      Because we have only limited jail capacity? Seriously, there are lots of reasons to release someone.

    144. Re:Bubby? Is that you? by Martin+Blank · · Score: 1

      Especially in the case of murder these people are examined to determine if they're still a threat for humanity. If they are, they don't go free.

      If someone is sentenced to 20 years in prison and not paroled before the end of that, the person will be released from prison at exactly the 20-year mark if not convicted of any other crimes. Even if the person has severe anger problems and has a long record of prison discipline that landed him in solitary on a regular basis, once the sentence has been completed, there is no legal basis on which to continue the incarceration. Doing so violates due process rights.

      --
      You can never go home again... but I guess you can shop there.
    145. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      I like how you slipped in that racist comment towards the end of your comment, there. Very sly.

    146. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      You startled me when you started shouting like that...

    147. Re:Bubby? Is that you? by Threni · · Score: 1

      What an underage girl's genitals look like is a `simple fact` and yet, shockingly, there are limits on how these facts can be displayed and duplicated.

    148. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      I'm a person with the right to form my opinions according to my own standards.

      Yeah? Then I find you to be morally repugnant and utterly unable to come to terms with the fact that people are able to change for the better.

      Pray tell, are you a Christian?

    149. Re:Bubby? Is that you? by stdarg · · Score: 1

      So you're also against things like the courts keeping criminal records after release and having harsher sentencing for repeat offenders?

      It's a principled idea but I don't think most people would support it. It's not fair to say that's the concept behind crime and punishment.

    150. Re:Bubby? Is that you? by esocid · · Score: 1

      There isn't anything in public records I'm embarrassed of. What made you so sure there would be?

      I didn't say anything embarrassing. You do know what's considered public right? Birth/marriage/divore/vital/tax/address/phone # listed or unlisted/mobile #/military records/property deeds/parts of your credit info.
      My point is that just because it's public information doesn't mean everyone you know should have it.

      --
      Absolute power corrupts absolutely. indymedia
    151. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Maybe you're just too young to realize it, but people do change a lot, often completely, over the scale of 10 years.

      Maybe you think of murderers as broken machines that will always stay broken, but if you think of them as a computer that crashed once while running Windows, but that is now running Ubuntu, your rant doesn't make any sense:

      "That computer is still a crasher! What's the definition of a crasher? A computer which has crashed. QED."

    152. Re:Bubby? Is that you? by palegray.net · · Score: 1

      [X] Birth records.

      Yep, I'm alive and well.

      [X] Divorce records.

      Working on winding that down now, actually. Don't care who knows.

      [X] Tax records.

      Yep, I pay taxes. Don't care who knows.

      [X] Phone numbers.

      They're all over WHOIS records for the domains I own and have owned in the past, along with fax numbers and addresses. Don't care who knows.

      [X] Military records.

      Served honorably in the Navy as a submariner. Don't care who knows.

      [X] Property deeds.

      Working on buying a house. Don't care who knows once I do.

      [X] Credit information.

      You're mostly wrong here. Personal credit information is not part of the public record, but may legally be requested for various reasons (prior to employment, execution of a lease agreement, prior to extension of credit). That said, I have good credit. Don't care who knows.

      Anything else you'd like to add?

    153. Re:Bubby? Is that you? by stdarg · · Score: 1

      What are your feelings on blackmail and hate speech? Is speech ever treasonous? Is child pornography truth (assuming it's an unaltered picture of something that actually happened)?

      Just curious... I've got mixed feelings on the subject. I'm also debating the validity of freedom of religion.

    154. Re:Bubby? Is that you? by gilkyboy · · Score: 1

      I understand where you're coming from, but you also have to take into account the history of all of Germany. Her citizens were led into one of the worst atrocities of modern times - the mass genocide of millions of Jews. These crimes were perpetrated by ordinary people like you and I. The German law recognizes this conundrum and that murderers, while they may have done horrible things, were seduced by poor thinking. While I would agree that some murderers are self deprecating to the point where they will continue to have poor thinking. As evidenced by German society as a whole, these same people who were once murders can come to a point of recognition of the atrocity of their actions, and learn to find healthy ways to relate when problems arise. I have met with a number of Germans who, while not old enough at the time to have committed the atrocities, were old enough to remember what it was like, and all of them not only express shame in what happened, but also a need to distance themselves from the mindsets, even those they were participatory in. People who express remorse and distance themselves from a murderous mindset show the ability of people to change.

    155. Re:Bubby? Is that you? by Menchi · · Score: 1

      This is not about public archives. The newspaper archives have do not need to be altered or anything.

      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.

      --
      Today's experiment ...... failed
    156. Re:Bubby? Is that you? by esocid · · Score: 1

      Like I said, parts of your credit info. Unlike you, not everyone feels as comfortable with everyone having all of the above information. Since you seem to be getting smug about it, I'll admit defeat and say you're right.

      --
      Absolute power corrupts absolutely. indymedia
    157. Re:Bubby? Is that you? by duffel · · Score: 5, Insightful

      This is a cultural difference. In America you value freedom of speech above many other rights, including privacy. In Germany, it is the other way around - Germans value privacy greatly, but do not necessarily think everyone should always be allowed to speak their mind. For example, you can go to jail for denying the holocaust happened... but on the other hand Privacy International acknowledges german privacy safeguards while naming the united states an endemic surveillance society. (source. It seems even Germany is slipping on PI's scales these days...)

      They are private facts. The people who hold that information have always been, and will always be, contractually and legally obliged to keep those facts private.
        The identity of the murderers isn't just a fact, it's a public fact, part of the public record, established in a public trial.

      The main facts remain the same, only the names will be expunged from public access. I would say this is because, once freed, criminals regain a lot of their rights to privacy.

      The question is whether government has the right to retroactively rewrite public databases, public records, and public facts. The only possible answer is a resounding "no". Fascist states, dictatorships, and communist states rewrite history; democracies do not.

      Oh, you can't just denounce everyone who doesn't share to the your particular viewpoint of an ideal democracy as fascist! Different cultures have different needs. Both viewpoints are trying to achieve an ideal but falling short as realistic governments are bound to.

      Anyway, it's not altering history, it's expunging names from the public record to protect people. It's not like they're writing someone else's name into the history books.

      This is a tough question.

      No, it really isn't

      It's just that your particular value system only permits one possible answer, but not everyone shares that system precisely. Disagree if you must, but at the very least you have to agree that in Germany, the german people should be allowed to make their laws as they see fit. Now, American law disagrees with German law. How then do you approach such an international thing as wikipedia? You don't think this is a tough question? The obvious answers all leave a lot to be desired.

    158. Re:Bubby? Is that you? by stdarg · · Score: 1

      Fascist states, dictatorships, and communist states rewrite history; democracies do not.

      History is almost never rewritten, it's just reinterpreted. Look at America and Christopher Columbus. School books are being rewritten to give more weight to how unfairly Native Americans were treated. By a strict definition they're rewriting history -- the history I learned growing up anyway. What's your opinion on this?

    159. Re:Bubby? Is that you? by stdarg · · Score: 1

      I agree 50%. The problem isn't the dissemination of the facts, the problem is that simply knowing the facts gives people power. Why should that be the case?

      As an example, right now I have an account at ING. Someone with my account number can withdraw all of my money. Every time money is withdrawn, ING emails me to tell me about it. BUT they don't email me in advance and say "Click here to deny the transaction", they email me after it's withdrawn. Why?

      Why should knowing my social security number plus a few other facts let someone assume my identity or commit tax fraud? That's just retarded. There should be an easy way for me to log into ssa.gov a few times a year and say "Why is someone using my social security number in California?" Or, why doesn't the SSA email me and say "This week your company reported payroll tax on your job in North Carolina. Another company reported payroll tax on your job in California and you declared that you're exempt from federal tax."

      Technological solutions are usually better than social solutions.

    160. Re:Bubby? Is that you? by TooMuchToDo · · Score: 1

      Prison restricts your freedom as punishment for your crime. Just because you've served your time doesn't mean that history is wiped clean.

    161. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Would you quit it with your blind kneejerk reactions and actually think about what he's saying? He's only saying that people are going to be discriminated against in their lifetimes, and that a future employer can do the same thing. Don't act so holier-than-thou and treat him like a kid, maybe think about what you're saying.

    162. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      in america it's not a tough question, but in Germany the law states that their names can't be associated with the crime now they've served the time, it's not a tough question there either, the law is just different.

    163. Re:Bubby? Is that you? by palegray.net · · Score: 1

      I don't mean to come across as smug, just trying to make a point. To be honest, people mess up all the time, and should I fall down in the future and wind up with some less-than-savory stuff in the public record I'd be embarrassed by it. That said, I firmly believe I'd still hold the same position I do today on the matter. It's a matter of principles, and I hold the view that society as a whole benefits from this information being public.

      Over the years, I've hired several people who had both misdemeanor and felony convictions on their records. Employers need to take a "whole person" approach to reviewing a candidate's history, balancing their positive aspects against the potential for harm to the organization. I feel good about having been able to give some people a "second chance" at earning a living, and none of the ones I hired let me down.

    164. Re:Bubby? Is that you? by jcr · · Score: 1

      Maybe you think of murderers as broken machines that will always stay broken,

      No, I think of them as evil human beings, with whom I will not associate voluntarily. If you want to welcome them into your home, have at it.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    165. Re:Bubby? Is that you? by buchner.johannes · · Score: 1

      You are advocating lifetime punishment. But the punishment should be that one defined by court.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    166. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      If rewriting historical facts is a recognized function of the German justice system, then Germany is already careening out of control towards fascism again.

      s/rewriting/censoring. It's not the same thing.

    167. Re:Bubby? Is that you? by buchner.johannes · · Score: 2, Insightful

      Sorry, but I have no duty to treat a murderer the same way I would treat an innocent person, even if they've served their sentence. The German parliament made a poor decision to pass a law protecting a murderer from the disgust of the public.

      -jcr

      No, they did not made a poor decision. This is just your opinion. The opinion that a convicted person can never reenter society as an equal. Which is not the opinion of Germany.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    168. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Laws are the work of humans

      Five hundred plus posts and you hit the nail on the head. Very many people in America (and the world) believe, because politicians and judges and witnesses and oaths invoke the name of a super-being that is incapable of wrong, that the actions taken by those people are incapable of being wrong. That is why America's embracing of the death penalty is so stupid. that is why I'm sure innocent people have been convicted and executed; people believed that God had given them the power, via an oath invoking His name, to make a decision incapable of being wrong. Once you realize that God is either a mythology or a cowardly fraud afraid of revealing himself to a people too good for Him well, it all sort of falls apart, doesn't it?

      Besides, only faschist governments reserve for themselves a right to kill their own citizens. If anyone has a right to kill a murderer it would be the victim's blood relatives or spouse or partner. Being brainwashed into thinking only the government can do this just reinforces the idea that the government has absolute and rightful control over you. People who believe this have successfully hidden that lie behind the smokescreen of the Justice/Vengence bullshit. It's all vengence buddy, that doesn't make it wrong. It does make it extraordinarily stupid, because you can't un-kill someone if they turn out to have been innocent after all.

      Once you peel away all the layers you see that religion, by its very definition, poisons people and cultures both. That was probably its initial intent once the anamist beliefs had been wiped out.

    169. Re:Bubby? Is that you? by nietsch · · Score: 3, Insightful

      Their sentence was handed out by a German judge and did not include being haunted for the rest of their lives. They are convicted murderers, but they also are human beings. If you think that last fact means nothing for you, then you are saying you have no respect for human beings.
      It is easy to respect the rights of someone you agree with. You show your civility in how you respect the rights of those you disagree with.

      --
      This space is intentionally staring blankly at you
    170. Re:Bubby? Is that you? by Draek · · Score: 1

      This is another area where Europe is way ahead of the USA, where we still harbor the quaint notion that the truth is an absolute defense.

      Unless the truth is regarded as an 'issue of national security', then even otherwise-peaceful Slashdotters will be arguing for you to be charged of treason and executed for it.

      Sorry, but your Freedom of Speech got limited a lot farther back than just the last couple decades in the US.

      --
      No problem is insoluble in all conceivable circumstances.
    171. Re:Bubby? Is that you? by Opportunist · · Score: 2, Interesting

      There's a difference between criminal records and having that information in easily accessible public libraries. Don't know about your country, in mine criminal records are not really public. Even if they are, they're hardly something you'd easily dig up without good reason, with but a cursory glance at the web.

      And let's better not get into people happening to have the same name.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    172. Re:Bubby? Is that you? by nietsch · · Score: 1

      On a smaller scale, something embarrassing like erectile dysfunction is a simple fact too. But if you happened to have it, you would still not appreciate it very much if someone posted that fact to wikipedia.

      --
      This space is intentionally staring blankly at you
    173. Re:Bubby? Is that you? by Opportunist · · Score: 1

      Dunno where you are from, that's not necessarily the case in Germany. If there is sufficient reason to believe that a person is still posing a threat to the public after serving his sentence, he can be held past his sentence (it's called "Sicherheitsverwahrung", literally it's security custody), theoretically indefinitly. And while I think anyone can see the threat for abuse, fortunately I can't think of a single case where this has been applied without a VERY good reason.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    174. Re:Bubby? Is that you? by Opportunist · · Score: 1

      And that's exactly the reason why it matters. I agree, in a perfect world it wouldn't matter (as long as the full information is retained, i.e. that they are rehabilitated and all). Unfortunately, we're more in the world of Les Miserables and there are far too many self proclaimed Javerts out there to make sure these people can't turn over a new page.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    175. Re:Bubby? Is that you? by snowgirl · · Score: 1

      As a taxpaying citizen, I strongly oppose any measure to restrict the truthful recounting of anything that resides in the public record.

      Including sealed records?

      I mean, hey, I know this minor that's in drug court right now for a felony, which is his second conviction. This is all known because it's public record, and I can walk down to the superior court records, and print out the records right now...

      Should I publish this information because I believe him to be a hazard to society? Even though, I know that at 18, it would be sealed? What if I obtain the information now, while it's not sealed, then they seal it, and then I publish it after it's sealed?

      Look, I'm all for being open and transparent, but it's NOT YOUR BUSINESS to know some of this material, even IF it is public record.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    176. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Sorry, but I have no duty to treat a murderer the same way I would treat an innocent person, even if they've served their sentence. The German parliament made a poor decision to pass a law protecting a murderer from the disgust of the public.

      -jcr

      What about an army officer that has killed 20 "terrorists" by him self in IRAQ? How would you treat him?

    177. Re:Bubby? Is that you? by shentino · · Score: 1

      There's a reason they call it war.

    178. Re:Bubby? Is that you? by jellyfrog · · Score: 1

      If we applied the death penalty, would it be justice? All we'd have is two dead people instead of one.

    179. Re:Bubby? Is that you? by shentino · · Score: 1

      I could just as easily make the same argument about pitbulls and german sheperds versus poodles and chihuahuas.

    180. Re:Bubby? Is that you? by Registered+Coward+v2 · · Score: 1

      On a smaller scale, something embarrassing like erectile dysfunction is a simple fact too. But if you happened to have it, you would still not appreciate it very much if someone posted that fact to wikipedia.

      That still doesn't justify reigning in free speech, IMHO.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    181. Re:Bubby? Is that you? by BluBrick · · Score: 1

      Yes, the law should give them every chance to redeem and reintegrate (in that order). But it is not up to the law to force the public to do so. That is a choice that we, the people, get to make.

      If the law really were just, the punishment would genuinely fit the crime in the hearts and minds of the public. If that were the case, the knowledge of these two men's crimes along with their subsequent penalty would not be a problem. They would be seen as having paid their debt to society. If, on the other hand, their sentence was seen as too lenient, there would (quite rightly) be a public outcry and society would punish them further by failing to re-integrate them. I see no problem with the public knowing that Wolfgang Werlé and Manfred Lauber have served 16 years for the mutilation and murder of Walter Sedlma.

      --
      Ahh - My eye!
      The doctor said I'm not supposed to get Slashdot in it!
    182. Re:Bubby? Is that you? by Exception+Duck · · Score: 1

      Is skullfucking a sexual orientation ?

    183. Re:Bubby? Is that you? by palegray.net · · Score: 1

      No. I'm advocating society's right to know about the past criminal history of a their fellow citizens. What individuals do with this information is entirely up to them; as stated in a previous post, I've hired several people with criminal records (including felonies). That decision was mine to make based on the available information, and I was able to make an informed choice. Depending upon the nature of the crime committed and after consideration of the whole person, I might have decided otherwise.

      Society as a whole has no responsibility to assist those who have committed crimes with covering up their past.

    184. Re:Bubby? Is that you? by selven · · Score: 1

      The fact that your bank account number is 41285926271489 is a simple fact. Are we not allowed to state simple facts now?

      it's called privacy.

    185. Re:Bubby? Is that you? by jellyfrog · · Score: 1

      The given situation is that the people in question are murderers. Did you miss that subtle little point?

      Does the fact that the sky is blue mean I can refuse to hire people with green eyes?

    186. Re:Bubby? Is that you? by palegray.net · · Score: 0

      Ah, we have the "think of the children" angle.

      If I'm looking to hire someone, it's absolutely my business. The entire point of sealing the records is to prevent third parties from obtaining information about the offense from government sources. This doesn't stop a newspaper from reporting on the conviction at the time, however. Are you suggesting we should eliminate free speech and freedom of the press?

      In theory, an individual whose record becomes sealed could dispute the veracity of information obtained from non-government sources later in life, but he'd have a hard time getting anyone to believe him if the information came from a credible source.

      Once again, it's up to the individuals who form relationships with someone who has a criminal record to make their choice in how to deal with that person. Having a record doesn't necessarily mean you're never to going to work again, but those with a "negative balance sheet" should probably do everything they can to demonstrate that they're a productive member of society. The going may be tough for awhile, but it does improve with time and effort.

      I know plenty of people with records who haven't adopted an "oh poor me" attitude and have gone on to build a successful life for themselves. Most of them would probably laugh at the prospect of getting laws enacted to prevent disclosure of their histories.

    187. Re:Bubby? Is that you? by zanian · · Score: 1
      I think we have to look at law and morality as two different entities that play off each other.

      Their sentence was handed out by a German judge and did not include being haunted for the rest of their lives.

      They are subject to German law, but law does not replace morality. If the law forces the removal of their names fine, we can't really argue with that. However, because they served their time does not mean they should be treated a certain way. And personally, I treat human beings based on their actions. After serving your sentence, you are still a murderer. I think it would be nuts to say you wouldn't think of someone differently because the law took care of their punishment. The fact remains the same and they have to regain that respect you speak of.

    188. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Citation?

    189. Re:Bubby? Is that you? by snowgirl · · Score: 1

      Right, if you're hiring them, then it is your business. However, as a general newspaper reader, it is however, NOT any of my business.

      That we want to be a gossip state is a different position from that that Germany seems to have taken.

      This law doesn't prevent disclosure of their conviction, it says that news reports about the event after the sentence has been served cannot name the convicted individual(s).

      Taking someone's criminal record from public records and publishing it widely would likely open someone up to a false light tort.

      Look... you can argue all you want about what you THINK the law should be... fact is, that doesn't make it law... and just because some people can do XY doesn't mean it's fair to expect that all similar people can do XY.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    190. Re:Bubby? Is that you? by abarrieris5eV · · Score: 1

      Great, so now it will be a slashdot summary, or an article about an interesting lawsuit, etc. Apparently german killers haven't heard of the streisand effect.

    191. Re:Bubby? Is that you? by palegray.net · · Score: 0

      Here's the deal: it is the law here in the United States, and I am under absolutely no obligation to honor German laws on this matter.

      Once again, if a newspaper reports on a conviction of any kind, I can go back through their archives two decades later and still read about it. You can argue all you want about you THINK freedom of speech should be... fact is, that doesn't make you right.

    192. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      It should be something you are worried about

      Guess what happens when they figure out no one wants anything to do with them (work, housing etc)
      That's right - they will do the only thing they can - crime.

      Continued punishment with no way out can only be bad all round!

      That said, they should have kept their mouths shut - now everyone is reminded of what they did........
      I suppose once an idiot, always an idiot!

    193. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      So rather than try and improve the life of someone who has not committed a crime we should make the lifes of all criminals worse? While one might consider this to be 'fair', it hardly seems like a good way to improve society.

    194. Re:Bubby? Is that you? by Sir_Lewk · · Score: 1

      Nowhere did I advocate any specific punishments. I never suggested that people responsible for "crimes of passion" or whatnot be jailed for live, I merely asserted that judging people for their actions and judging people for their ethnicity or sexual orientation are two completely different things.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    195. Re:Bubby? Is that you? by gclef · · Score: 1

      No, they should be treated equally: everyone, including criminals, should have to live with the acts of their lives. Monica Lewinsky has to live with her history, so do I (though mine is so far less public), so should these guys.

      I would argue that it really doesn't improve society to bury uncomfortable truths. The most healthy way to address a failure/error/f-up/etc, is to publicly and openly acknowledge that "yes, I did that, yes it was dumb and hurtful, no I won't do it again." Hiding from it allows the perpetrator to skip that acknowledgment step, and pretend that it never happened. That's not healthy, and it's not an improvement, because it skips the step where you learn from the mistake.

      We teach our kids from a young age to acknowledge and learn from their mistakes, not to hide from them...why should we make an exception to that idea just because it involves a crime? And why would we want to encode that into law?

    196. Re:Bubby? Is that you? by rliden · · Score: 1

      There is evidence. They murdered someone. They broke the trust of society. Their sentence may have satisfied their debt to society based on the laws of their country but it doesn't mean they are automatically entitled to trust because they paid their debt. In my opinion they have to earn society's trust back. The first step to earning that trust is being honest to society about who you are and what you've done and then demonstrating over time and by action that new trust is deserved.

      When a child misbehaves and is punished (let's say put in the corner or sat down in a chair for a time) it's not just their behavior one watches while they're being punished, but how they act afterwards.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
    197. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      He didn't say that they shouldn't be allowed to re-integrate into society.

      You are assuming that people's knowledge of a reformed killer's history prevents such integration, while he is assuming that a knowledge of such a history does not prevent someone from re-integrating.

      My bias is that I think it is important for people be informed about history and context when making interpersonal decisions. Thus, I assume that knowing the truth about a reformed murderer's history is of benefit to everyone, and does not interfere with re-integration.

    198. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      WWW is the World Wide Web, your little country is irrelevant.

    199. Re:Bubby? Is that you? by flameproof · · Score: 1

      "...but the fact that ma(n)y people have a hard time getting better than a minimum wage job after committing murder isn't something I feel bad about."

      Fair enough: you feel absolutely no remorse nor have any empathy for those who have paid their so-called "debt to society" as dictated by the law.

      You see, of course, how this only contributes to the problem, though, right? 8,000,000 people in prison in this country and yes - I'm blaming you. Why? Because if "paying your debt to society" means absolutely NOTHING to you, Mr. Law-Abiding Citizen...

      ...Why should it to a criminal?

      --
      ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
    200. Re:Bubby? Is that you? by Idiomatick · · Score: 1

      Agreed! It is also possible unlike stopping information.

    201. Re:Bubby? Is that you? by superdave80 · · Score: 1

      Who bothered to mod this 'insightful'? There are so many nonsensical statements in here that I won't even bother going through all of them.

      "Ask yourself if you were introduced to a person and you found out that they were murderers would you think of them the same way?"

      No, I would not. But that's their problem, not mine. You don't want to be thought of as a murderer? DON'T MURDER!

      Think of it this way: one of these guys gets out of prison, and then starts advertising as in home child care providers. Wouldn't you want to be able to find out that they have murdered someone? Or are you perfectly OK handing over your child to a killer?

    202. Re:Bubby? Is that you? by Idiomatick · · Score: 1

      Wow that is as good as a godwin. You are doing a won't somebody think of the children. On /. of all places. Hopefully people will see it for what it is. Either a troll or a very weak argument.

    203. Re:Bubby? Is that you? by pipingguy · · Score: 1

      The vast majority of Christian mass-murderers haven't screamed "Jesus Christ is great and really cool!" as they gunned-down their victims.

    204. Re:Bubby? Is that you? by pipingguy · · Score: 1

      I'm backing JCR on this.

      I'm a person with the right to form my opinions according to my own standards. Who are you to order me not to?

      The right to free speech has always been sacrosanct, but the free access of the internet has allowed the naive youth, clueless fame-seeking morons and just plain crazies to put forth a respectable-looking face on radical concepts. Someone please explain to me where PETA gets it's funding.

    205. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Incorrect - democratic states do whatever the majority wants. If a majority votes to rewrite history, it happens. That's democracy.

      What you're looking for is a deeper commitment to rule of law and the truth. This is a requisite for a responsible and long-lasting society, democracy or otherwise.

    206. Re:Bubby? Is that you? by bcat24 · · Score: 1

      Yeah, that's a fair point. I think a lot of it is history. It used to be much harder to get someone's personal information than it is now. Society's institutions haven't kept up with this increasingly open, public world. I agree that technology is the right place to look for a solution, but I think such technology will only gain ready acceptance when it's accompanied by a shift in society's views.

    207. Re:Bubby? Is that you? by LordLimecat · · Score: 1

      As opposed to the idea that "WE NEED TO HELP HIM"? Crimes deserve punishments, and punishments should fit the crime-- just about any sane society will agree on this. I would argue that if you choose to let a murderer live, that fact should CERTAINLY not be secret for a large number of reasons, and would count that as a reasonable and just consequence of their actions.

    208. Re:Bubby? Is that you? by LordLimecat · · Score: 1

      Public trials, public records are public because of certain laws make them public (simply ignoring to check if it was a public trial in this specific case).

      The government does not grant society the right to having an accurate history. It is rather scary that someone would assume that history is a privelege.

    209. Re:Bubby? Is that you? by LordLimecat · · Score: 1

      For example, you can go to jail for denying the holocaust happened...

      Isnt it odd that a society that places such value on avoiding historical lies would be pushing to censor history in this case?

    210. Re:Bubby? Is that you? by ffflala · · Score: 1

      Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it?

      They are private facts. The people who hold that information have always been, and will always be, contractually and legally obliged to keep those facts private.

      In the US at least, this is not at all true for name, address, or social security number. Credit card transactions: no, see your credit report. Passwords: not unless you can show me the contract.

      As for Bank account balance and medical history, yes, b/c of specific legislation ordering it after people had revealed it.

    211. Re:Bubby? Is that you? by ifwm · · Score: 1

      I'm sad to see this un-informed and one sided reply on a well written opinion being moderated as informative.

      Of course you are, that's why this ridiculous censorship makes sense to you.

    212. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Stipulate that the aforementioned social security number, bank account balance, or credit card transactions had somehow become part of the public record. Does the government have the write to retroactively rewrite public databases, public records, and public facts, to remove *these*?

      If your social security number, bank account balance, or credit card transaction have become part of the public record (e.g., as part of a trial), they stay that way. There are plenty of legal case files that contain such information.

      Right. The world is like this, therefore the world ought to be like this? Or are you too stupid to disentangle the two (distinct) claims?

      I'll try and dumb down my points so that they're digestible by somebody with your intellect. Imagine that, for some reason, in a trial it was relevant that you had downloaded videos such as '100 man bukkake session,' 'Girl has diarrhea in cup then drinks it' or whatever kind of sick porn you probably do look at. Imagine now that Wikipedia has picked this up, and that you now have an article about you containing this information. Would legal officials be justified in insisting that, even though the statements are nothing but statements of fact, they be removed from the Wikipedia page? Why the hell not? Simply because they were 'part of the public record?' Are you really so stupid as to insist that public policy can't be wrong?

    213. Re:Bubby? Is that you? by corbettw · · Score: 1
      --
      God invented whiskey so the Irish would not rule the world.
    214. Re:Bubby? Is that you? by Martin+Blank · · Score: 1

      That's not something that I wouldn't expect Germany to have, actually, considering the reasons for some of its other laws. But in the US, no, that's not legal. Most post-conviction, post-sentence limitations have trouble getting past judges because of due process concerns, though mandatory registration of sexual offenders and publishing the names and locations of certain sex offenders has been challenged pretty routinely.

      --
      You can never go home again... but I guess you can shop there.
    215. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      So then you think the state should pay for an identity change, including plastic surgery and the likes?

      In this day and age, no matter how hard you try, it is impossible to "forget" facts.
      You can make draconic rules to protect privacy, but the collateral damage (loss of free speech) would too large IMHO.

    216. Re:Bubby? Is that you? by RIpRapRob · · Score: 1

      Why should anyone treat someone differently just because they have a record of killing someone who argued with them?

      Well, I sure as hell ain't gonna argue with them!

    217. Re:Bubby? Is that you? by TheRaven64 · · Score: 1

      I have an account at ING. Someone with my account number can withdraw all of my money.

      Sounds like a reason to get a new bank. None of my banks let someone with my account number do anything other than deposit money in my account. I can freely give it to someone in order for them to pay me, without problems. To get money out they need to log in to the Internet banking site as me (with password or for some banks hardware token) or have my card and PIN.

      --
      I am TheRaven on Soylent News
    218. Re:Bubby? Is that you? by makomk · · Score: 1

      That's what the UK does on release for people released from prison for high-profile crimes where being associated with the crime could put their safety at risk. The newspapers are even restricted from reporting on their new name and location. (This isn't done for everyone, though, just the big, widely-reported, vigilante-attracting cases.)

    219. Re:Bubby? Is that you? by dvorakkeyboardrules · · Score: 2, Interesting

      Their sentence was handed out by a German judge and did not include being haunted for the rest of their lives. They are convicted murderers, but they also are human beings. If you think that last fact means nothing for you, then you are saying you have no respect for human beings. It is easy to respect the rights of someone you agree with. You show your civility in how you respect the rights of those you disagree with.

      Ironic to hear that, given Germany's free speech laws. It's too bad these murderers weren't carrying swastikas, because then they'd really have gotten stiff sentences!

    220. Re:Bubby? Is that you? by duffel · · Score: 1

      For example, you can go to jail for denying the holocaust happened...

      Isnt it odd that a society that places such value on avoiding historical lies would be pushing to censor history in this case?

      I would instead say that german law believes that protecting the identities of reformed criminals provides the greater net benefit to society by allowing them to reintegrate, and that german law believes that preserving the memory of the holocaust will provide the greater net benefit to society by helping to prevent the resurgence of nazism.

    221. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      You must be black.

    222. Re:Bubby? Is that you? by Opportunist · · Score: 1

      So it's ok to vanish when you sliced a few corpses but did your time, but you'll be listed forever and a day if you dared to fuck your 16 year old girlfriend when you were 18?

      I dunno about you, but I prefer the German style.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    223. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      I don't know how the discussion came down to merely "forming one's own opinion". JCR originally said that he has "no duty to treat a murderer the same way", but he actually has that duty if, for example, he's hiring in Germany.

    224. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      A fleet of alien ships surrounds the Earth...
      Aliens: "amiga3D, compare kittens to Hitler, or we destroy your World"
      amiga3D: "BULL! Straight BULLSHIT! You CAN'T compare kittens to Hitler. YOU CAN'T! AAAAHHHH!!"

    225. Re:Bubby? Is that you? by Opportunist · · Score: 1

      Crime deserves punishment. And I'm not really fond of the "just helping" criminals idea. How's this supposed to work? He does something bad, so he gets counceling and therapy and whatnot, what kind of treatment is that? Feels to me he gets rewarded for committing a crime.

      Crime deserves punishment. But I also want the criminal to have a perspective for his time "after". I want him to be able to look forward and see that he can have a time after he did his time and "paid" for his crime, with some portion of his life time. Not in the case of murderers, let's not go to the extremes. But what do you want to do with someone robbing a bank?

      I've been a time in the bank biz and thus gained some insight in the routines of bank hold-ups. In almost all cases, it was anything but planned. It was a move of desperation, usually a spur of the moment thing when everything else went wrong, debt way over the people's heads and they snapped. And they ALL get caught.

      What then? These people are usually anything but "hardened lifetime criminals". They made a horrible mistake (and 10 years mandatory is a LOT of time to ponder it). Does he not deserve getting out after doing his time and start over?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    226. Re:Bubby? Is that you? by jipn4 · · Score: 1

      This is not about public archives. The newspaper archives have do not need to be altered or anything.

      What do you call it if public archives that used to return these names now are not permitted to return them anymore?

    227. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Would legal officials be justified in insisting that, even though the statements are nothing but statements of fact, they be removed from the Wikipedia page?

      No, they would not, and should not, be justified in that.

      Right. The world is like this, therefore the world ought to be like this? Or are you too stupid to disentangle the two (distinct) claims?

      Not at all. I'm saying that most of the world works like this and has worked like this for a long time, based on centuries of democratic legal tradition.

      Germany has never managed to create a stable democracy on its own, and nobody is going to give a f*ck about how Germans think free speech issues should be handled.

      I'll try and dumb down my points so that they're digestible by somebody with your intellect.

      I think you're suffering from the Dunning-Kruger effect.

    228. Re:Bubby? Is that you? by fishexe · · Score: 1

      The idea, the concept behind crime&punishment, is that you paid your dues after you are released from prison. Especially in the case of murder these people are examined to determine if they're still a threat for humanity. If they are, they don't go free.

      If you don't want to give these people a chance to reintegrate into society, why bother releasing them at all?

      Actually, the concept behind "Crime and Punishment" was that the real punishment was spiritual and Raskolnikov suffered it the whole time while trying to dodge his temporal punishment, then realized he had to serve out his entire temporal punishment including prison, banishment, forced labor AND permanent loss of reputation, in order to atone for what he'd done and end his spiritual punishment. But I'm guessing you never read it.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    229. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      you should be concerned. what do you think inspires the crime in the first place. i gaurantee that if you take someone that is already disposed to commit a crime and give them no reasonable way to make a living they will commit another, even just to get by.

    230. Re:Bubby? Is that you? by JimBobJoe · · Score: 1

      >If rewriting historical facts is a recognized function of the German justice system, then Germany is already careening out of control towards fascism again.

      Court systems around the world do this. In the US we call it expungement. We don't typically bring it up to such a high level, but I've read newspaper articles that one day mentioned a person's crime, and the next day a new article does not, because an expungement had occurred.

      >it is the government's job to revise historical facts for the purpose of tricking me

      Technically that's not occurring though. The newspapers of twenty years ago are intact. German law only changes active disclosure of today, which is why the current German wikipedia article has been written, but I'd suspect that the archive articles show their names.

      Having said that, the court system is not your personal background assessing service. It has law and order responsibilities to society as a whole, not to jipn4. If you desire not to involve yourself with murderers, then you can hire a background checking firm who collects public records from decades ago when they were still available.

      I used to work in background checking...in an expungement the court system (in my county at least) deletes the person's record from the index, but not from the microfiche. So some background checking firms scanned every single microfiche film to find expunged records.

    231. Re:Bubby? Is that you? by snowgirl · · Score: 1

      Here's the deal: it is the law here in the United States, and I am under absolutely no obligation to honor German laws on this matter.

      Once again, if a newspaper reports on a conviction of any kind, I can go back through their archives two decades later and still read about it. You can argue all you want about you THINK freedom of speech should be... fact is, that doesn't make you right.

      I'm not telling you what you can do in the USA... what I'm saying is that Germany has different laws, and you're idea of what the rights are don't apply to Germans.

      Let's not forget, the German Wikipedia complied.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    232. Re:Bubby? Is that you? by dprovine · · Score: 1

      t's just that your particular value system only permits one possible answer, but not everyone shares that system precisely. Disagree if you must, but at the very least you have to agree that in Germany, the german people should be allowed to make their laws as they see fit.

      How far does "make their laws" go? Wolfgang Werlé and Manfred Lauber killed an actor, someone in the public eye. What if there's a biography of that actor published in 1995 or so? Does the publisher have recall and destroy every copy? Do libraries have to destroy it? What about newspaper archives? Would you have to go to all the microfilm copies and change them? Maybe their victim was famous enough to have an entry in a printed encyclopedia; would copies of those have to be destroyed?

      If Mr Werlé and Mr Lauber don't like notoriety, maybe they should have murdered somebody obscure. Or, and I know this is extreme, maybe they shouldn't have murdered anybody at all.

      And, of course, they shouldn't have tripped the Streisand Effect; at this rate there's going to be a TV-movie about them and they'll end up in the IMDB and have their own Wikipedia pages.

    233. Re:Bubby? Is that you? by Eil · · Score: 1

      These people committed a crime, did their time and now they are free again. They should be given a chance to reintegrate into society.

      I am not a German citizen, but...

      Jail time is punishment for committing a crime. It does not (and should not) grant you a clean slate. To put it in religious terms, serving out your punishment does not absolve you of your sins. You live with the consequences of your actions your whole life, even if that means social reintegration is difficult.

    234. Re:Bubby? Is that you? by war4peace · · Score: 1

      Furthermore, complying to this "request" will wake up some other bonehead lawyer who will request Hitler to be removed as well, because he's dead.
      History is history, so let the names be there and move on.
      How would it be to have a history book saying "Emperor [name removed] lost to his enemies in the battle of Waterloo, which were emperor [name removed] and his allies, [name removed], [name removed] and of course, most importantly, [name removed]". Pffff...

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    235. Re:Bubby? Is that you? by Anonymous Coward · · Score: 0

      Honestly, no, I wouldn't think of them the same way as I would someone else.
        Because they actually killed someone.

      So have many returned servicemen, active-duty combatants and people who have been put in a situation necessitating self-defense.

      What you meant to say is they've actually unlawfully killed someone and been convicted of it.

      Shit happens, they did their time, let them get on with their lives.

    236. Re:Bubby? Is that you? by palegray.net · · Score: 1

      My idea of the what the rights should be applies to the Germans who are able to see the copies I posted myself:

      Walter Sedlmayr (German translation)
      Walter Sedlmayr (English)

      There's nothing the Germans authorities can do about it, either.

    237. Re:Bubby? Is that you? by Jimbob+The+Mighty · · Score: 1
      But would you feel the same way about somebody who had committed manslaughter?

      I remember meeting somebody quite some time ago who was friendly and gregarious. I didn't find out until much later that he had actually spent several years incarcerated over manslaughter due to an altercation that occurred at his housewarming party (the other guy did something that went beyond the pail, and the subject punched him once, the other guy fell badly, cracked his head on furniture and died, alcohol was a factor).

      What about between 2nd and 1st degree murders (where such are defined).

    238. Re:Bubby? Is that you? by lennier · · Score: 1

      "Your name, address, social security number, bank account balance, credit card transactions, passwords, medical history, and so on are simple facts. Should those who have access to that information be allowed to state those simple facts? In public, on the internet, where anyone and everyone can see it? "

      Name? Yes. Address? At the person's discretion, but phone number and email should be - assuming we had a phone system which allowed caller screening and an email system which was reliable and not drowning in fraudulent spam. One's public contact details should be a matter of public record.

      Total bank account balance? Actually, I think yes, as it's a measure of social reputation, but that would require some changes to our economy (in Green Dollar systems, for instance, this information IS public). Certainly if you're in a public position, financial information needs to be transparent.

      Medical and credit card history, probably not in our current system. Again, however, in Green Dollar systems, your trading history is open - there's an argument to be made that on systems like eBay, your trading history needs to be open to protect against fraud.

      Passwords, no, but that's only because they're a poor solution to the problem of identification and we should really be using something like unforgeable physical dongles instead. So we treat them separately for now, and change them since we assume all encrypted data will eventually become public.

      Social security numbers should never have been used for ID purposes without some kind of anti-fraud authentication mechanism. Otherwise, having a unique identifier for a person is a very sensible thing and the online world is moving towards this anyway. But merely *knowing* someone's identity shouldn't ever let you spoof them.

      So far so good. But your criminal history - and any news events you've been a party to - that's a matter of public record, or should be. It's about your public life, not your private life, and other people have a right to know for historical research and reputation purposes.

      The argument being made by Germany is that committing a crime has a bad effect on reputation, and therefore the public record should be suppressed. The first is unfortunate, and is a result of the crime itself. The second I don't see how it follows. Just because I commit a crime and hurt myself by doing so doesn't mean you shouldn't talk about what I did.

      We *should* be less punitive and more open to change in people who have served prison time - but we shouldn't silence the truth to do so.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    239. Re:Bubby? Is that you? by AK+Marc · · Score: 1

      Crimes deserve punishments, and punishments should fit the crime-- just about any sane society will agree on this.

      So it isn't a deterrent, and isn't rehabilitation, but is punishment and punishment alone. I think that's just stupid. An eye for an eye leaves everyone blind.

      What's the point of prison? If it's just to hurt them for hurting someone else, what happens when they get out? Are they more or less likely to do it again? If you effectively punish them, but also make it more likely they'll offend again, is that good for society?

    240. Re:Bubby? Is that you? by AK+Marc · · Score: 1

      Preventing you from speaking ill of someone else is not thought control. At worst, it's legally enforced morals, and we do that every day of the week (and twice on Sunday in jurisdictions with Blue Laws).

    241. Re:Bubby? Is that you? by bar-agent · · Score: 1

      So they were murderers. Maybe they have been murderers. Are they currently murderers? Have they murdered anyone recently? Perhaps they will never murder again. They've turned over a new leaf, renounced their evil ways, discovered Jesus. They intend to spend the rest of their days rescuing kittens from trees and playing with puppies. If so, you are a right bastard to hate them and make their lives difficult.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    242. Re:Bubby? Is that you? by Dr+Damage+I · · Score: 1

      You release them because they have completed their sentence. Government has only so much authority and has none to continue to incarcerate an individual past the end of their sentence. Nor should it. Similarly the government should not have the authority to prevent people from pointing out the fact that Wolfgang Werle and Manfred Lauber killed Walter Sedlma.

      The free speech rights of other individuals does not need to be infringed. Actions have consequences and I have no problem with murderers living with the stigma of their crime for the remainder of their life. Particularly when their victim has to live with the consequences of the murderer's crime for the rest of their life. Or not.

      Of course, these are my values and my nations system of government. Other nations are welcome to employ some other system of government and system of values. Fine and dandy. Until they try to prevent me from pointing out that Wolfgang Werle and Manfred Lauber killed Walter Sedlma.

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    243. Re:Bubby? Is that you? by Menchi · · Score: 1

      As mentioned, there is no problem with public archives whatsoever. This law is about publication, not stuff that was published a decade ago and is still laying around somewhere. The problem is that an internet website is considered to be a new publication every time someone visits the site. So even if you wrote the names on a website a decade ago and never changed this site, you still published it today, according to the stupid laws that don't know anything about the internet.

      --
      Today's experiment ...... failed
    244. Re:Bubby? Is that you? by thickdiick · · Score: 1

      That's a noble goal, but it's going about it in a round-about way, and that's WRONG.

      The better way would be to legislate that there should be no discrimination based on past actions. What happened in the past is a fact (doesn't mean they were guilty, it just means the conviction happened and it's a factual occurrence that the conviction happened). Just as gender, age, religious persuasion are all facts, but they cannot be used to discriminate against persons. Include this in the litany of conditions for which you cannot be persecuted and the existing laws will serve their intent.

    245. Re:Bubby? Is that you? by lottameez · · Score: 1

      Sorry your moral relativism is complete BS. I used murder in the legal sense. They broke the law while killing someone. I acknowledge and even agree that they did their time, may have been rehabilitated, and thus are free. But scrubbing the record completely is an insult to their victim and the victim's family.

      --
      Yeah? Well I think you're overrated too.
    246. Re:Bubby? Is that you? by jipn4 · · Score: 1

      The problem is that an internet website is considered to be a new publication every time someone visits the site.

      Yes, that is the problem, and Germany insists on that. That's why Germany insists that archives alter their content.

      according to the stupid laws that don't know anything about the internet.

      And how do you propose to change that? If it's in an archive and it's accessible in real time, it gets incorporated into search results, people can link it, etc. It really is like it is being published again and again.

      There's nothing wrong with the way the German law is applied to the Internet--it works as intended. The problem is with what the German law wants to accomplish, namely rewriting the past in the minds of the people of today.

    247. Re:Bubby? Is that you? by sirlatrom · · Score: 1

      I think every single member of society has a right to know the past criminal history of someone they're in any kind of relationship with. This is completely different from saying someone shouldn't be allowed to re-enter society, but the fact that may people have a hard time getting better than a minimum wage job after committing murder isn't something I feel bad about.

      I think such a requirement is quite outrageous. But it does make me think of yet another application of the "project a tag cloud onto the person in front of you" feature seen in Pattie Maes and Pranav Mistry demo SixthSense (at around 7:00).

    248. Re:Bubby? Is that you? by stdarg · · Score: 1

      I was talking about basic ACH transfers, like when you sign up for automatic payments with your credit card company. AFAIK anybody can withdraw money from your account.

      The real issue I was pointing out was that even though there's a multi-day delay built into the transaction, and ING obviously knows about the transaction for a day before they flip the bits on my database record, they don't *tell* me about it until the money is withdrawn. It would be dead simple to say "Chase Bank has requested a withdrawal of $1234. It will be approved tonight at 11pm EST. Click here to deny the transaction." They already send me something like that, but wait until about 5 minutes after the money is actually gone.

    249. Re:Bubby? Is that you? by stdarg · · Score: 1

      I agree with that, maybe I was reading too much into your original statement. All I'm saying is that no society actually believes "once you've done your time, the slate is wiped clean" which is what I inferred you were saying. I think looking at actual societies it can't be argued that that's a major goal of the justice system.

    250. Re:Bubby? Is that you? by TheRaven64 · · Score: 1

      Ah, I forget how backwards the US banking system is. In the UK, the equivalent is a direct debit. The bank will only set one of those up with a direct debit request signed by you from an organisation that have been approved to create them. This is covered by a guarantee; at any point you can cancel a direct debit and you can reverse transactions that have already gone through. If you do this, then the payee is responsible for getting the funds from you via some other mechanism (if they were legally owed).

      You can set up a one-off payment or a standing order from your account to another person's if you have an their account details, but to take money out you also need to have a direct debit number. Getting this number involves some vetting. As the banks are liable for direct debit fraud, they generally put quite strict requirements for obtaining this.

      --
      I am TheRaven on Soylent News
  5. NOT Ironic!! by Anonymous Coward · · Score: 0

    There is nothing ironic about that whatsover. What would be ironic is if the NY Times didn't mention their names.

    Why do people keep calling things ironic when it is not? People who do this just sound stupid.

    Here's a clue: look up the word irony or don't use the word.

    1. Re:NOT Ironic!! by uxbn_kuribo · · Score: 1

      Are you kidding? It's just as ironic as rain on your wedding day, a no smoking sign on your cigarette break, or 10,000 spoons when all you need is a knife.* * that is to say, not ironic in the least

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
    2. Re:NOT Ironic!! by Daniel+Dvorkin · · Score: 2, Insightful

      Or maybe you and GPP just aren't smart enough to see the irony.

      The American lawyer dealing with this is named Godwin. Surely you get the irony in that, if nothing else.

      "Ironic" was a stupid song, but the stupidity of the reaction to it is far greater. Every use of the word "ironic" is now a red flag for every would-be pedant who isn't nearly as smart as he thinks he is.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:NOT Ironic!! by Nathrael · · Score: 1

      And what's even more ironic is that Germany, trying so hard to convince everybody that they aren't big bad Nazis, are sliding down the road towards authoritarianism again, getting faster every day...

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
    4. Re:NOT Ironic!! by pthisis · · Score: 4, Informative

      The American lawyer dealing with this is named Godwin. Surely you get the irony in that, if nothing else.

      The American lawyer dealing with this is, in fact, the same Mike Godwin who created Godwin's law.

      --
      rage, rage against the dying of the light
    5. Re:NOT Ironic!! by Anonymous Coward · · Score: 0

      Isn't it ironic that in her song "Ironic" all the situations she sings about aren't actually ironic?

    6. Re:NOT Ironic!! by Daniel+Dvorkin · · Score: 1

      Ah, even more irony!

      Well, it makes sense when you think about it, that a Usenet celebrity would end up working for Wikipedia.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    7. Re:NOT Ironic!! by uxbn_kuribo · · Score: 1

      Okay, now THAT is ironic.

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
    8. Re:NOT Ironic!! by Anonymous Coward · · Score: 0

      How about you realize that word meanings change over time, and you are witnessing one in action.

      I think it's ironic that 'ironic' doesn't mean what you think it means, anymore.

    9. Re:NOT Ironic!! by stdarg · · Score: 1

      Is it authoritarianism if it's also what the people want? To me it usually implies that the government is doing things to control the people. But if the people are controlling the government and telling it to control a minority of the people, isn't it really the people who are being authoritarian and not the government?

    10. Re:NOT Ironic!! by dkf · · Score: 1

      Here's a clue: look up the word irony or don't use the word.

      Irony: made out of iron.

      (According to the Great Man, T. Pratchett anyway.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    11. Re:NOT Ironic!! by Anonymous Coward · · Score: 0

      And the German lawyer is named "Stopp", which means what it sounds like. But Godwin cannot be stopped. :P

    12. Re:NOT Ironic!! by Anonymous Coward · · Score: 0

      The American lawyer dealing with this is named Godwin. Surely you get the irony in that, if nothing else.

      The American lawyer dealing with this is, in fact, the same Mike Godwin who created Godwin's law.

      That stupid Godwin and his law. It's like he's freaking Hitler or something!

    13. Re:NOT Ironic!! by Nathrael · · Score: 1

      Well, the problem here is that the government is hugely influencing what it is that people want - be it through school books, state TV, political campaigns etc. It's a neverending chicken-or-egg-circle.

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
  6. Same old, same old by Digana · · Score: 1, Interesting

    It's the same story all over again. Once the information is out, there's no way to lock it down again, at least, not without severely affecting our modern means of conveying information, and even that seems unthinkable. Essentially, it's impossible, no matter how many laws you make. Iranian dissenters can find proxies over the internet, samizdat dissemination in Soviet Russia; it's everywhere. The technology for instant everpresent information can't be unlearned. We've spent many centuries perfecting it since Gutenberg's printing press.

    Our society would do well to simply accept the present state of instant and everpresent information instead of trying to suppress it.

    1. Re:Same old, same old by ServerIrv · · Score: 1

      This is silly even before the stated "instant and ever-present" information. The only way something like this works is if the newspaper sends out retractions after a criminal leaves prison. Ummm, today 57 criminals were released from prison, but we cannot say their names, so please throw away Section B, C and J from December 12, 2001 to March 3, 2006. This law is completely idiotic. I can understand their thoughts about "new" news articles, but the articles that are already there are stating facts that cannot be erased...get over it.

    2. Re:Same old, same old by girlintraining · · Score: 0

      Our society would do well to simply accept the present state of instant and everpresent information instead of trying to suppress it.

      "You should just accept it because everyone else has. It's inevitable. Resistance is futile. You will be assimilated." We all know how well that's worked out historically.

      Once the information is out, there's no way to lock it down again,

      Just because there's not a way to do it now is not somehow proof against it ever being done, or the necessity of finding a way. Also, my delete button still works. Is your keyboard busted?

      Essentially, it's impossible, no matter how many laws you make.

      That is because of cross-jurisdictional and international law considerations... An entirely artificial problem. And thus, solvable.

      The technology for instant everpresent information can't be unlearned. We've spent many centuries perfecting it since Gutenberg's printing press.

      Well, the technology for blowing us all up in a nuclear holocaust also exists, and we've spent about fifty years perfecting that. While it can't be unlearned either, we've figured out ways of living with it, as opposed to dying because of it. You're assuming the temporary state that we have now with current technology being ahead of effective controls for it is a permanent situation. It isn't.

      Also, Gutenberg was sued, went bankrupt, and then exiled for his work. While it may not have stopped the advancement of the printing press, it certainly left its principal creator in ruin. He was rescued near the end of his life by the government, who gave him a stipend (welfare) as thanks. Few people knew of his achievement in his lifetime and he died in relative obscurity.

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:Same old, same old by Jesus_666 · · Score: 1

      Er, no. The law forbids naming them in publications released after they were released from prison. It doesn't try to change history, revive Bismarck or bring the dinosaurs back.

      Wikipedia and similar online publications can be seen as constantly being published, thus one could argue that they apply.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  7. Freedom of Speech by Reality+Master+101 · · Score: 1, Troll

    And THIS is why the Internet needs to remain under United States control. Out imperfections notwithstanding, the United States is one of the only countries that can be trusted to understand what Freedom of Speech means. (Not that there aren't certain elements that try and water it down, but at least it's codified at the strongest level of law).

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Freedom of Speech by TheRaven64 · · Score: 5, Insightful

      Are you trolling or just brainwashed? This is why the Internet (which is not under US control at the moment) should not be under any single country's control. If it were under US control, you could watch the gambling sites and anything else politically expedient disappear.

      --
      I am TheRaven on Soylent News
    2. Re:Freedom of Speech by SerpentMage · · Score: 3, Insightful

      Oh REALLY?

      Explain the PATRIOT act to me?

      While the American constitution undeniably is what you say it is, the past 20 years has not been kind to America!

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    3. Re:Freedom of Speech by Anonymous Coward · · Score: 2, Insightful

      Wouldn't it be much more effective if the internet was not under the control of any one country? If instead it was a network of computers spread throughout the entire world....oh wait. Nevermind.

    4. Re:Freedom of Speech by Daniel+Dvorkin · · Score: 2, Interesting

      Silliness. Court records, including the names of the parties involved, are sealed all the time in the US, for a variety of reasons. Germany simply has a different set of reasons than the US does. (In the US those reasons generally involve money, while in Germany they involve blood; this should come as a surprise to nobody.) If you think any one country, including the US, is going to do an adequate job preserving freedom of speech online, you're deluding yourself.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    5. Re:Freedom of Speech by isa-kuruption · · Score: 0

      No... I don't agree. I'm not going to bash the United States like the other replies, but I will give a more rounded answer.

      Government is always BAD. Whether it's German, American or Martian. I would rather GOVERNMENT not have control of ANYTHING. That's the only way we can remain free.

      Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. -- George Washington

    6. Re:Freedom of Speech by CrimsonAvenger · · Score: 1

      Court records, including the names of the parties involved, are sealed all the time in the US, for a variety of reasons. Germany simply has a different set of reasons than the US does.

      Of course, this isn't about Court Records, is it? The Wiki articles in question aren't "court records".

      The Germans can do what they like about news articles in Germany. Alas, they don't have the power to extend their whims to news article in other countries....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    7. Re:Freedom of Speech by Anonymous Coward · · Score: 0, Troll

      And yet you seem to be so brainwashed to be anti-US. Strange, given that here these are Germans trying to enforced their laws in the US, a situation that if it were vice versa is something Europeans in general have argued against, with vitriol and sheer anti-Americanism. Nations and people have bad steps, we simply tend to correct ourselves quicker, and with the exception of perhaps the UK, we certainly remember our friends more than they remember us.

      There are nearly no government with no agenda and with resources to enforce no agenda. Even attempts at a higher plane of government or oversight, such as with the EU expanding over the European nations and beyond, or the World Court, and certainly with the UN, it's degraded worse to anything seen in the US if you analyze the info over a decade number (instead of the sheer knee-jerk short term). People now generally "hate" the US because it's the new thing to hate that which is on top (and having a US President that's puts our nation forward as week, and who is continually apologetic is pathetic). The US has it's problems, but we often solve them because of dialogue and a faster and mixed voting cycle (2/4/6year/life terms in our national government).

      "If it were under US control,"

      If it is or isn't is a matter of debate, but what is certainly true is, within our borders, we can have complete control and we certainly have the resources to completely lock out such sites. And yet, strangely, we haven't done this. In fact, on occasion, we have in criminal cases, but in a general sweep, we've never attempted in any focused or broad attempt.

      Compare that to the Australian government which regulates video game publication because of gore (and your internet access is still a joke, even if Obama wants to look at your "system"), German's with free speech issues and now this, the UK with over reaching surveillance, etc. The only country that comes to mind that is modern and seems to have their act together to potentially handle internet control and doesn't seem to piss me off is New Zealand, and New Zealand may not have the resources or political clout to remain more neutral if given that burden. The US lacks the will, we have freer speech underpinnings, and we don't really care either, really, about internet control.

      I think people look to anything contrary to their political or personal ends and go off the wall as why the whole system is rotted, not realizing that their personal belief is part of the overall complexity and will of the system. Generally, Americans distrust of our government is natural. It's simply spilled over to other nations, and while some find it disturbing as I once did, I've come to realize that's because you blokes and crass asses have simply become more American.

    8. Re:Freedom of Speech by N0Man74 · · Score: 0

      Reporters Without Borders might disagree with you. Though there has been a sharp improvement in ranking for the US this year, the US score eroded pretty badly during the Bush era. In 2006, the US ranked #53 in press freedom.

      http://www.rsf.org/en-classement70-2006.html

    9. Re:Freedom of Speech by Martin+Blank · · Score: 1

      We can say what we like about other people so long as it's not slander or libel. I disagree with a lot of the things that Germany does, and thing that they're wrong in how they go about it. I understand where their reasoning started for some of the things they do, but one can go too far in trying to not be linked to one's past.

      --
      You can never go home again... but I guess you can shop there.
    10. Re:Freedom of Speech by dontmakemethink · · Score: 1

      Why are Americans so touchy? Criticizing a country does not make someone an enemy of the country. There isn't a single country in the world that is completely devoid of resentment by even members of their own population. Pick the one that best suits your lifestyle and deal with it.

      The US makes itself a prime target for foreign criticism by its persistent backfiring attempts to influence other countries. So to make the US the governor of the internet would be foolhardy at best, probably resulting in other countries breaking off to form their own intranets, and eventually the original internet would just be an AOL. Ironically it is the American people, and not the government, that are to thank for not letting that happen.

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
    11. Re:Freedom of Speech by dontmakemethink · · Score: 3, Insightful

      Just look at what's censored from American TV! Spike TV, "the network for men", can't even broadcast "God damn it" or "asshole", as if their UFC audience would be offended!

      Any claim that Americans are the worldwide guardians of free speech is an epic fail.

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
    12. Re:Freedom of Speech by rve · · Score: 1

      and with the exception of perhaps the UK, we certainly remember our friends more than they remember us.

      Incorrect.
      The country I'm currently living in has gone along on all your post WW2 military adventures that others were invited to: Korea, Vietnam, Gulf war, Bosnia, Iraq, Afghanistan. They might assume that they will be remembered for such loyalty, but we know better don't we?

      RealityMaster, these hysterical rants about anti Americanism and about foreigners being inferior any time some damn furner disagrees with one of you guys about regardless what subject reflect badly on you all.

      These days it's like anything short of complete and utter blind devotion to all things American is considered ungrateful and anti American.

    13. Re:Freedom of Speech by nietsch · · Score: 1

      (In the US those reasons generally involve money, while in Germany they involve blood; this should come as a surprise to nobody.)

      *Citation needed. (In other words, nice way to let you bigotry shine through boy)

      --
      This space is intentionally staring blankly at you
    14. Re:Freedom of Speech by Anonymous Coward · · Score: 0

      In other news, the US ranks #1 in press accuracy.

    15. Re:Freedom of Speech by Anonymous Coward · · Score: 0

      Most Americans aren't such cretins. But when you have a population of many millions and most have access to the internet then you're going to notice the loud, persistent, mentally ill ones.

    16. Re:Freedom of Speech by b4upoo · · Score: 1

      But how about the right of people in the US to maintain free speech? Companies providing content suffer law suits from all kinds of foreign governments. That restricts our right to know or to learn. That should not be allowed to happen. We have no reason at all to be concerned about French feelings about trading in Nazi relics.

    17. Re:Freedom of Speech by dontmakemethink · · Score: 1

      Most Americans aren't such cretins. But when you have a population of many millions and most have access to the internet then you're going to notice the loud, persistent, mentally ill ones.

      Especially when they're elected to top government positions...

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
  8. Wolfgang Werlé & Manfred Lauber are murde by Charles+Dodgeson · · Score: 3, Funny

    Just so that we don't forget the names of Wolfgang Werlé & Manfred Lauber, convicted killers. I would like to mention that the names of the killers are Wolfgang Werlé & Manfred Lauber. If they, Wolfgang Werlé & Manfred Lauber, don't like it they (Wolfgang Werlé & Manfred Lauber ) can sue me.

    --
    Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
  9. Respect the law by RiotingPacifist · · Score: 0, Troll

    Shouldn't you respect a countries laws weather you agree with them or not, LOL yeah right when's the last time 23 Italian agents were convicted in the US and not handed over.

    --
    IranAir Flight 655 never forget!
    1. Re:Respect the law by RiotingPacifist · · Score: 1

      *whether

      --
      IranAir Flight 655 never forget!
    2. Re:Respect the law by YrWrstNtmr · · Score: 2, Insightful

      Shouldn't you respect a countries laws weather you agree with them or not,

      So if a law against something exists, anywhere on the planet, everyone should follow it? I'm pretty sure you don't want the world to adhere to Saudi Arabian, Singaporean, or North Korean laws. And I'm pretty sure they wouldn't want to adhere to Western laws.

    3. Re:Respect the law by Anonymous Coward · · Score: 1, Insightful

      No.

      I elected my government to support and protect MY interests, not other countries' citizens' interests.

    4. Re:Respect the law by Majik+Sheff · · Score: 1

      Their women and political dissidents most likely would like to see Western laws in place... just sayin'

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    5. Re:Respect the law by Anonymous Coward · · Score: 0

      I elected my government to support and protect MY interests, not other countries' citizens' interests.

      Fair enough, that makes you officially an asshole. Hope you don't my defecating on you and pissing on your daugther, because while I concern myself with other people interests, those people do not include assholes like yourself.

    6. Re:Respect the law by ProfM · · Score: 1

      Shouldn't you respect a countries laws weather you agree with them or not

      No.

      But if you want to make that argument, then if I got convicted of underage drinking at 19 in the US, by your logic, I could make the argue to the court I was respecting OTHER countries laws (specifically Canada or Mexico).

      Yeah, that would fly far.

    7. Re:Respect the law by RiotingPacifist · · Score: 1

      But if you went to Mexico and broke their laws, you should be extradited and punished according to their justice system

      --
      IranAir Flight 655 never forget!
    8. Re:Respect the law by stdarg · · Score: 1

      Sometimes, but what if what I did wasn't illegal here? If I got away, I don't see why my country would decide I should be punished for doing something legal.

  10. Cause and Effect by _Sprocket_ · · Score: 2, Funny

    Less Hasselhoff, more Streisand.

  11. this is not a huge problem by Anonymous Coward · · Score: 2, Interesting

    1. make an article about each of them.
    -do not mention the murders
    -mention everything else about their life
    -like the fact that they sued wikipedia
    -mention the fact that you cant talk about what they did thanks to german law
    -link to the german law involved

    2. make an article about the murders.
    -mention that the killers got out of prison
    -mention what year they got out
    -mention everything about them except their names
    -you could even make up fake names, like 'Famous Actor Case Convict X' and 'Famous Actor Case Convict Y',

    in other words.... you push that law right up to the point where it is about to break. but you dont beak it. smart readers can fill in the blanks, and most readers ae smart

    1. Re:this is not a huge problem by uxbn_kuribo · · Score: 1

      You know as well as I do, that as soon as you did 1., one of the nerds on wikipedia would AfD it for the subject being non-notable: which it would be without mentioning the murder. Anyway, it's nice that people are in favor of the killers having a "normal life." Now, can we grant the same to the victim?

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
    2. Re:this is not a huge problem by earlymon · · Score: 3, Funny

      'Famous Actor Case Convict X' and 'Famous Actor Case Convict Y'

      I guess I can accept that with sufficiently large values of Wolfgang Werlé for X and sufficiently large values of Manfred Lauber for Y.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    3. Re:this is not a huge problem by Anonymous Coward · · Score: 0


      Anyway, it's nice that people are in favor of the killers having a "normal life." Now, can we grant the same to the victim?

      The victim is resting in peace, the killers paid their debt for their crime (or else they would still be in jail).

      What is your point?

    4. Re:this is not a huge problem by Anonymous Coward · · Score: 0

      they may not be in jail but they sure as fuck never paid off any debt

  12. Their names are J.delanoy and Mike.lifeguard by Anonymous Coward · · Score: 0

    Yes the killers are also Wiki admins.

    1. Re:Their names are J.delanoy and Mike.lifeguard by Hal_Porter · · Score: 2, Interesting

      Wikipedia should ban people for being murderers like Something Awful does

      http://encyclopediadramatica.com/Andrew_Allred#Public_Reactions

      Also I just permabanned this guy because he murdered two people: http://forums.somethingawful.com/member.php?s=&action=getinfo&userid=84611

      Now the question I have here is that, in the rules, it doesn't explicitly state you will be permabanned or punished in any way if you murder people. Does this make the user terms of conditions unclear?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    2. Re:Their names are J.delanoy and Mike.lifeguard by uxbn_kuribo · · Score: 1

      As a long time goon, to be fair, you can be banned for quite a few things that aren't specifically against the rules.

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
  13. Wolfgang Werlé and Manfred Lauber by blind+biker · · Score: 2, Informative

    Wolfgang Werlé and Manfred Lauber are killers. Nothing can whitewash that.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:Wolfgang Werlé and Manfred Lauber by Anonymous Coward · · Score: 0

      Wolfgang Werlé and Manfred Lauber are killers. Nothing can whitewash that.

      Oh now, let's not underestimate the power of the media and liberal governments...

  14. Now that they are out of prison.... by Anonymous Coward · · Score: 1, Funny

    They did get out of prison, but both where sentenced to life, so lets wait until they have completed there sentence, and then remove there names from Wikipedia. (but only if they ask nicely).

  15. A fresh start by girlintraining · · Score: 4, Insightful

    I'm sure a lot of people are going to come out against the position of Germany's culture on this, citing freedom of speech. Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted.

    These people have served their sentences. They have been punished according to the law of their land, and then released. In this country, a person's criminal record haunts them for life -- denying them jobs, restricting their freedoms, and in some cases leading to a greatly diminished quality of life such that they are forced into criminal enterprise in order to meet basic needs. But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives. The government has stepped in to ensure that any adult citizen that has their freedom also has the same chances as the next.

    As far as the internet -- do we really want it to be a tool that enables a person's past mistakes to haunt them forever? That any personal information, once released into it, somehow becomes public property? Those naked photos your boyfriend took of you when you thought you'd be with him forever -- are those public property once he breaks up with you and posts them online? How about the records of your divorce, or the reasons why you were fired? What about that one night when your best friend tried to walk out of the bar drunk, and you stole the car keys and the two of you got into a big fight and the police were called? You want the whole world to know about these things? Or--was it just a mistake and once amends have been made then that's the end of it?

    Just because the information is out there doesn't mean it should be. Information doesn't have rights -- people do.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:A fresh start by Anonymous Coward · · Score: 3, Insightful

      Yes. If you murder two people, then I have the right to know about it. That you served your time and have set out in the world to start over is your right once released. But people have the right to know the guy down the street is a convicted murderer.

      What happens if somebody is released for sexual predation of children? Should their names be stricken from any record of the crime? Does the young mother living next door to this released predator have no right to know of a potential danger?

      I am all for giving ex-cons a fair deal. I really do understand how badly they are treated by society and would never treat them as such myself. But I do have the right to know about these crimes. If you are talking about stealing beer at age 19, then fine, whatever. I really don't care. But murder? Come on.

    2. Re:A fresh start by Anonymous Coward · · Score: 2, Insightful

      I'll bet there are a lot of dictators who agree totally

    3. Re:A fresh start by toiletsalmon · · Score: 1, Insightful

      "Information doesn't have rights -- people do."

      That, is a very good point. I'm sure it falls on deaf ears here, but a good point regardless of what the anti-social "nerd patrol" here thinks.

    4. Re:A fresh start by Wog · · Score: 4, Insightful

      What about the rights of Walter Sedlmayr, who the duo tortured, mutilated, and killed because he was gay? He apparently doesn't matter anymore, you know, because they murdered him.

      Everyone makes mistakes, right? Hogwash.

      So these men should have a chance at a normal life again? What about Sedlmayr's normal life?

    5. Re:A fresh start by Registered+Coward+v2 · · Score: 5, Insightful

      I'm sure a lot of people are going to come out against the position of Germany's culture on this, citing freedom of speech. Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted.

      Actually, no that is not the fundamental premise of the US concept of freedom of speech. It is that the prior restraint of speech is so onerous that it is not allowed; so that open debate can be had around issues.

      These people have served their sentences. They have been punished according to the law of their land, and then released. In this country, a person's criminal record haunts them for life -- denying them jobs, restricting their freedoms, and in some cases leading to a greatly diminished quality of life such that they are forced into criminal enterprise in order to meet basic needs. But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives. The government has stepped in to ensure that any adult citizen that has their freedom also has the same chances as the next.

      As far as the internet -- do we really want it to be a tool that enables a person's past mistakes to haunt them forever? That any personal information, once released into it, somehow becomes public property? Those naked photos your boyfriend took of you when you thought you'd be with him forever -- are those public property once he breaks up with you and posts them online? How about the records of your divorce, or the reasons why you were fired? What about that one night when your best friend tried to walk out of the bar drunk, and you stole the car keys and the two of you got into a big fight and the police were called? You want the whole world to know about these things? Or--was it just a mistake and once amends have been made then that's the end of it?

      Just because the information is out there doesn't mean it should be. Information doesn't have rights -- people do.

      Yes, and in the US we have the right of free speech. The solution is not to suppress speech but to change the concept of how past infractions are viewed. While the later is a difficult task; repressing speech in the name of protecting people's rights is far worse.

      Of course, as information becomes easier to access people also need to modify behaviors in light of changing technology; which they have been doing since the beginning of time. That is the real solution, IMHO.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    6. Re: A fresh start by fahrbot-bot · · Score: 5, Insightful

      But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives.

      Forgive and forget? Seems pretty short-sighted. I'm not sure I'd call murder a "mistake". An act like this *should* haunt the perpetrators for the rest of their lives.

      The government has stepped in to ensure that any adult citizen that has their freedom also has the same chances as the next.

      Except for the guy they killed. Where's his freedom and chance?

      Lastly, what about the victim's family and friends? How about their chances for normal lives without the murder of their loved-one haunting them. Some things cannot be forgiven and some things should definitely not be forgotten.

      --
      It must have been something you assimilated. . . .
    7. Re:A fresh start by Anonymous Coward · · Score: 0

      I'm sure a lot of people are going to come out against the position of Germany's culture on this, citing freedom of speech. Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions.

      Well excuse me if I would like to know the people I'm freely speaking to have issues with other people's right to a life. It might persuade me not to freely speak around them as they OBVIOUSLY have an inclination towards taking the lives of those they don't agree with.

    8. Re:A fresh start by Vellmont · · Score: 2, Interesting


      Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions.

      I know of no such restriction that protection of speech is limited to only speech regarding the government. In fact, I'm quite sure that speech protection covers discussing all historical events. Some of the few restrictions are libel, slander, and obscenity.

      What about that one night when your best friend tried to walk out of the bar drunk, and you stole the car keys and the two of you got into a big fight and the police were called? You want the whole world to know about these things? Or--was it just a mistake and once amends have been made then that's the end of it?

      The examples you give are potentially private matters, so addressing them only clouds the issue. This particular case is very much NOT a private matter, and from the article was extraordinary public and common knowledge.

      The idea that the public at large is supposed to "by law" forget about a very public event and not refer to the perpetrators in print is simply abhorrent to me. Are the victims no longer allowed to refer to the assailants by name?

      --
      AccountKiller
    9. Re:A fresh start by Anonymous Coward · · Score: 0

      Yes.... People have rights. Perhaps we could entertain the concept that the murder victim has a right to not have the truth about his death hidden from public view?

      These two people committed the worst possible human rights offense against their victim. They took ALL of his human rights. It seems more than a skosh disingenuous to be lamenting their personal rights loss (A minor loss of privacy.) in this context.

      Must we now ignore the fact that the victim ever existed? Certainly any reference to his existence must (at least by implication) point to his current non-existence....

    10. Re:A fresh start by Macrat · · Score: 2, Insightful

      These people have served their sentences. They have been punished according to the law of their land, and then released. In this country, a person's criminal record haunts them for life -- denying them jobs, restricting their freedoms, and in some cases leading to a greatly diminished quality of life such that they are forced into criminal enterprise in order to meet basic needs. But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption.

      And when they kill again, say at a job, the employer can just shrug off responsibility because the law says you're not supposed to know they kill people.

      How about pedophiles being hired at schools?

    11. Re:A fresh start by bigdavex · · Score: 1

      These people have served their sentences. They have been punished according to the law of their land, and then released. In this country, a person's criminal record haunts them for life -- denying them jobs, restricting their freedoms, and in some cases leading to a greatly diminished quality of life such that they are forced into criminal enterprise in order to meet basic needs. But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives. The government has stepped in to ensure that any adult citizen that has their freedom also has the same chances as the next.

      oul
      It strikes me as very authoritarian for the state to make this judgment for other people. Do you really think it's appropriate to block an employer or a potential spouse from getting this information?

      --
      -Dave
    12. Re:A fresh start by Cochonou · · Score: 4, Insightful

      Well, in Germany, you do not have that right. End of the story.
      Laws are only a reflection of the will of the society. The German society seems to be okay with forgetting such things. A large part of the slashdot community (a significant part of it living in the US) seems not to be okay with this. Different places, different minds. After you've said this, it just comes down to know how such laws are handled between countries. It kind of reminds me the "Yahoo nazi items" controversy, in which the U.S. site of Yahoo was accused to sell nazi items to French people (selling such items is prohibited in this country). Yahoo was ultimately required to prevent the sale of such items to French people. In the story case, I suspect a ruling would not be as clear cut - as there is no financial motive involved for wikipedia.

    13. Re:A fresh start by girlintraining · · Score: 1

      Actually, no that is not the fundamental premise of the US concept of freedom of speech. It is that the prior restraint of speech is so onerous that it is not allowed; so that open debate can be had around issues.

      *face palm* This is just a restatement of what I said, but with bigger words.

      Yes, and in the US we have the right of free speech. The solution is not to suppress speech but to change the concept of how past infractions are viewed. While the later is a difficult task; repressing speech in the name of protecting people's rights is far worse.

      Actually, in this case, the solution is the suppression of speech: If such speech is harmful. Slander and libel cases in this country move forward and information is removed from the internet all the time on this basis. You can't change other people's minds -- there's always going to be some person or group that believes they are right and the law is wrong. Unfortunately for them, the law is better armed.

      Of course, as information becomes easier to access people also need to modify behaviors in light of changing technology; which they have been doing since the beginning of time. That is the real solution, IMHO.

      A very general statement; And one that ignores the role the government plays in guiding the behaviors of its citizens.

      --
      #fuckbeta #iamslashdot #dicemustdie
    14. Re:A fresh start by dh003i · · Score: 1, Redundant

      The _murderer's_ rights aren't violated by people knowing what they did. They should have been executed anyways. But irrelevant of that, non-aggressive people also have the right of freedom of association. I for one choose not to associate with people I consider dangerous.

      In a free society, criminals would owe restitution to their victims, and victims would be also entitled to request retribution against the criminal. Then people at large could make their own associative or dis-associative decisions regarding the criminal.

      One thing is clear, however. It doesn't violate anyone's rights for other people to know information about them that they've made publicly available through their actions.

    15. Re:A fresh start by Thiez · · Score: 1

      So where do you draw the line? Which crimes should be mentioned and which shouldn't?

      What if someone thinks *any* crime should be published on the internet and the ones who committed that crime to be searchable forever?

    16. Re: A fresh start by girlintraining · · Score: 1, Informative

      Forgive and forget? Seems pretty short-sighted. I'm not sure I'd call murder a "mistake". An act like this *should* haunt the perpetrators for the rest of their lives.

      The life of the law has not been logic: It has been experience. - Oliver Wendell Holmes And as far as calling murder a mistake -- come home and find your wife sleeping with another man and then we'll talk about that.

      Except for the guy they killed. Where's his freedom and chance? Lastly, what about the victim's family and friends? How about their chances for normal lives without the murder of their loved-one haunting them. Some things cannot be forgiven and some things should definitely not be forgotten.

      A standard disclaimer for the stock market is also true of the legal system: "Past performance is no guarantee of future results." And for the record, forgiveness isn't for the benefit of the criminal, but rather the victim.

      --
      #fuckbeta #iamslashdot #dicemustdie
    17. Re:A fresh start by Anonymous Coward · · Score: 0

      It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives.

      Your right. I invested money in CIT. They have recently filled a bankruptcy claim. I lost my investment. I should not have to live with this loss for the rest of my life, because I recognize that my decision to invest in CIT was a mistake. Where can I get my original investment back?

    18. Re:A fresh start by Psyborgue · · Score: 1

      Information doesn't exist without people. You can't pretend otherwise and you can't censor speech without censoring those who spoke it.

    19. Re:A fresh start by Anonymous Coward · · Score: 0

      As far as the internet -- do we really want it to be a tool that enables a person's past mistakes to haunt them forever?

      I didn't invent Facebook. I don't even like Facebook.

      But of "society" can answer a question like that, judging from the 40% of the population that's on it, is a resounding "yes", whether I like it or not.

    20. Re:A fresh start by Anonymous Coward · · Score: 0

      If you think like that why bother imprisoning the people who killed him? Poor poor Walter will never have the luxury of rotting in a cell forever, why should his killers? Let's torture them to death!

      Personally I prefer to accept the fact that the victim is dead and gone. This allows us to think about what is best for society, rather than what is best for a person that no longer exists. Do you honestly thinks Walter cares wether we torture his murderers or give them a million euros? He doesn't care, he cannot care.

      If the killers have done their time and there is no reason to believe they are going to kill again, why not accept them back in society? I'm no fan of religion but I think Jesus had the right idea when he said all that stuff about forgiving people. It's funny to see that a certain large country that seems to like the christianity thing so very very much has one of the largest prison populations in the world and seems so keen on retribution.

    21. Re:A fresh start by Attila+Dimedici · · Score: 1, Troll

      Well, in Germany, you do not have that right. End of the story.

      You clearly do not understand what a right is. Thomas Jefferson was under no illusion that the government was unable to interfere with "life, liberty and the pursuit of happiness", which he mentioned as inalienable rights in the Declaration of Independence. Just because German society wants the law written this way, does not mean that the law is not a violation of people's rights.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    22. Re:A fresh start by girlintraining · · Score: 1

      I know of no such restriction that protection of speech is limited to only speech regarding the government. In fact, I'm quite sure that speech protection covers discussing all historical events. Some of the few restrictions are libel, slander, and obscenity.

      Your list of restrictions is way too short:

      * copyright protection
      * commercial speech, such as advertising.
      * slander, libel, obcenity.
      * on private property
      * on public property where there are "security concerns" -- see also: 'free speech zones', public protest.
      * hate speech
      * child pornography
      * political campaigns / finance laws
      * time, place, and manner restrictions
      * inciting a crowd ...

      Specifically, you state that historical references must be protected. That is simply not true.

      The examples you give are potentially private matters, so addressing them only clouds the issue. This particular case is very much NOT a private matter, and from the article was extraordinary public and common knowledge.

      Legally, it doesn't matter how many people observe or know about it.

      The idea that the public at large is supposed to "by law" forget about a very public event and not refer to the perpetrators in print is simply abhorrent to me. Are the victims no longer allowed to refer to the assailants by name?

      The victims are no longer allowed to name the person(s) who committed the crime once their sentence is completed. And the law does not state you must forget the event, merely that you must not state (by name) the person(s) involved, once the sentence has been carried out.

      --
      #fuckbeta #iamslashdot #dicemustdie
    23. Re:A fresh start by Virak · · Score: 2, Insightful

      Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted.

      No, you're just blatantly making shit up. There's a lengthy history of freedom of speech in the US being upheld in cases where it is neither about the government nor for "the betterment of everyone". "5, Insightful"? Are the mods on crack again today?

    24. Re:A fresh start by girlintraining · · Score: 2, Insightful

      What about the rights of Walter Sedlmayr, who the duo tortured, mutilated, and killed because he was gay? He apparently doesn't matter anymore, you know, because they murdered him.

      Speaking as someone who is gay, he certainly does matter. Every life matters. But that's not what's at issue, and this is just an emotional appeal. And probably flamebait too.

      Everyone makes mistakes, right? Hogwash.

      Okay, you're perfect. It's the rest of us that are mortal.

      So these men should have a chance at a normal life again? What about Sedlmayr's normal life?

      Yes, they should. As to Sedlmayr's "normal life" -- it's been over for some time. I prefer to focus on the living, and what can be done for them. Once my time has come, I would hope my family and friends would not dwell on it to the point that they forget to live as well.

      --
      #fuckbeta #iamslashdot #dicemustdie
    25. Re:A fresh start by Pecisk · · Score: 1

      "As far as the internet -- do we really want it to be a tool that enables a person's past mistakes to haunt them forever? That any personal information, once released into it, somehow becomes public property?"

      It is not that I disagree with sentiment of your post, but what has right to privacy to do with public record about such criminal activity as murder (and following judgement)?

      When you start killing people, everything about these killings, including fact that you did it, cease to be private information. It is public interest to know this fact. For historical, for human reasons. People will find out anyway. What is better - full court documents that may indicate remorse of killers, reasons why and what happened, or that just rumors spread out?

      Hiding something is never a good idea. Never.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    26. Re:A fresh start by girlintraining · · Score: 1

      And when they kill again, say at a job, the employer can just shrug off responsibility because the law says you're not supposed to know they kill people.

      Yes, and the gun manufacturer will also "shrug off responsibility" for making the gun he used to kill again. Other people are not responsible for your actions, and vice versa.

      How about pedophiles being hired at schools?

      Most of my friends have been molested, especially my female friends. Many of us have been sexually assaulted as adults. For every one they catch, there's fifty more they miss. You want to make a difference? Find a treatment for the problem, or at least a way to accurately identify them. The legal system does an abysmal job of it and often convicts the innocent as well. That said -- your comment was a troll. pedophilia has nothing to do with the legal doctrine under discussion here, nor of free speech, any other related concept.

      --
      #fuckbeta #iamslashdot #dicemustdie
    27. Re:A fresh start by jefu · · Score: 1

      I think that the US goes too far in the direction of making it tough for convicted criminals to reintegrate with normal society (way too far when it comes to sex offenders). But I don't think a law like this helps particularly - convictions should be a matter of public record and should be accessible to those who want to seek out that information.

      More importantly, this raises all sorts of much weirder questions. If an online publication covers a trial, or prints a story about the crime, or even if an author writes a book about it, should that information then be erased when the criminals are released from jail? ("Winston Smith - paging Winston Smith...") Or will it become public policy to forbid writing about any crime ever in the expectation that the criminals will serve their time and eventually be released?

    28. Re:A fresh start by Ash-Fox · · Score: 1

      They should have been executed anyways.

      Well, that pretty much sums you up as a person and the motivation behind your point.

      --
      Change is certain; progress is not obligatory.
    29. Re:A fresh start by girlintraining · · Score: 1

      Do you really think it's appropriate to block an employer or a potential spouse from getting this information?

      Honestly, yes. The harm to society for having all these people who are marginally employable, or completely unemployable, is a lot higher than the benefit from public disclosure. These people are disadvantaged and have been in jail: They may not have been a professional criminal before, but when they leave each and every one of them has the skillset. If we're going to lower the rate of re-offending they need to be given an even footing and help reintegrating. If we aren't willing to do that, then we might as well just lock everyone up who's convincted of any non-trivial offense and never let them out -- because we've doomed them to a life of crime without any possibility of redemption.

      --
      #fuckbeta #iamslashdot #dicemustdie
    30. Re:A fresh start by dcollins · · Score: 3, Insightful

      "Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted."

      This is perhaps the biggest pile of bullshit I've read on Slashdot in quite some time. This is not remotely how the U.S. constitution reads. This is complete fabricated nonsense.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    31. Re:A fresh start by girlintraining · · Score: 1

      I'll bet there are a lot of dictators who agree totally

      I'd prefer a smart dictator over majority rule any day of the week. At least with the dictator, I know what I'm getting. With a mob, anything's possible. There's a lot to be said for choosing the devil you know.

      --
      #fuckbeta #iamslashdot #dicemustdie
    32. Re:A fresh start by Anonymous Coward · · Score: 0

      Hey, take that back.

      I'm an anti-social nerd, but I don't think that information has rights

    33. Re:A fresh start by Ironsides · · Score: 1

      Actually, in this case, the solution is the suppression of speech: If such speech is harmful. Slander and libel cases in this country move forward and information is removed from the internet all the time on this basis. You can't change other people's minds -- there's always going to be some person or group that believes they are right and the law is wrong. Unfortunately for them, the law is better armed.

      Slander and libel are not for speech that is merely harmful. If it was, we wouldn't be able to publish anything about corruption in government. Slander and libel are for speech that is FALSE and harmful. If you can not prove it is false, it is nto slander or libel.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    34. Re:A fresh start by Macrat · · Score: 1

      That said -- your comment was a troll.

      The article and your comment is that convictions should be private and I pointed out where that information is useful to the public.

      pedophilia has nothing to do with the legal doctrine under discussion here, nor of free speech, any other related concept.

      http://en.wikipedia.org/wiki/Megan's_Law

    35. Re:A fresh start by Rimbo · · Score: 1

      Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted.

      Well, first off, let's talk about where you're correct. You are correct that the First Amendment exists to allow us to criticize the government, and that it we're not to use it to harm other people's reputations.

      Now on that latter point, you'll find that proving libel (written defamation) and slander (verbal defamation) is incredibly difficult in the USA. The accuser has the burden of proof, the accuser has to show that the person making the false statement knew it was false -- oh yes, and it has to be a false statement, too.

      But on everything else, the exact opposite is true. The First Amendment DOES exist to explicitly protect speech which has "no betterment to society." Because the underlying philosophy behind that is that no one knows exactly what that is -- and no one, not even the government of a democracy, has the right to determine it.

      The Bill of Rights in America exist as a kind of check against unfettered popular opinion. England was a constitutional democracy at the time the US broke off from it; we came from a democratic tradition, and had this experience that we had learned from. Many of the things listed in it are things that popular opinion has held should be illegal -- gun ownership, terrible and hateful speech, various religious practices. They are things that without them, the democratic process could easily be used to make them illegal.

      They are, in a sense, the only things that are worthy of protection; otherwise, the protections have no legal "teeth," as it were.

      As my wife says about China -- you have freedom of speech there; you can say anything you want. You just might not have freedom after speech.

    36. Re:A fresh start by Anonymous Coward · · Score: 0

      Well, in Germany, you do not have that right. End of the story.

      Laws are only a reflection of the will of the society. The German society seems to be okay with forgetting such things.

      Of course they're OK with forgetting such things. They'd really love to forget a particular chunk of their history that occurred during the last century.

      That particular chunk of history contained episodes that were so fucking appalling that letting a couple of murderers who killed a single man have their names never mentioned again in conjunction with their crime is hardly worth mentioning in comparison.

    37. Re:A fresh start by girlintraining · · Score: 1

      The article and your comment is that convictions should be private and I pointed out where that information is useful to the public.

      Mentioning pedophilia is trolling. It has no bearing on the discussion.

      http://en.wikipedia.org/wiki/Megan's_Law

      Megan's Law "requires persons convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from custody (prison or psychiatric facility)." There is no public disclosure requirement. That is handled by each state individually.

      --
      #fuckbeta #iamslashdot #dicemustdie
    38. Re: A fresh start by Anonymous Coward · · Score: 1, Insightful

      I don't see you as having put forward much of an argument, more just an ejaculation of personal feelings. For sake of better analysis, let's look at girlintraining's position:

      P1. An ideal punishment should be both retributory and reformatory.

      P2. The retributory aspect of a punishment is fulfilled when a prisoner's sentence expires (otherwise, why not make it a longer sentence?)

      P3. The reformatory aspect of a punishment is furthered by providing a prisoner with anonymity upon his or her release (the fact that the wikipedia article for the person you killed will probably come up as the first result for your name when Google is searched was adduced.)

      C. An ideal punishment should provide a prisoner with anonymity upon his or her release.

      I assume you don't want to deny premise 1 (isn't it better if we can punish and reform somebody?) I also take it that, given the frequency with which Google is used, premise 3 is fairly uncontroversial (it will be easier for somebody to reintegrate with society if they are granted this anonymity.) Thus, I take it you're rejecting premise 2, by essentially proposing either that some crimes are unforgivable, or that the current system fails to punish convicts sufficiently. In response to the latter, I would propose that you're probably underestimating just how bad it is to spend 25 years in a federal pound-your-ass prison. That being said, this position is probably defensible, although you owe me an explanation for why it's better to induce more harm on this person in such a way as to preclude them from becoming a contributing member of society.

      The latter point (that some crimes are unforgivable,) is probably a defensible position (albeit one I disagree with,) but I think to hold it consistently you would probably have to advocate capitol punishment, or at least permanent imprisonment (one might prefer the latter simply because capitol punishment is a little too final, and precludes an innocent prisoner from being released when evidence later surfaces.) At any rate, it hardly seems to make sense to release these people from prison and yet consider them to be nonetheless in need of more punishing. Bear in mind I'm not saying that you don't hold this position, but I think, if you really don't think that criminals after serving a crime deserve a second chance, you should be aware of what your position entails.

    39. Re:A fresh start by Mystra_x64 · · Score: 1

      At least with the dictator, I know what I'm getting.

      You will not like it.

      --
      Quick way to get 30% Funny 70% Troll: defend Opera browser on /.
    40. Re:A fresh start by mpoulton · · Score: 1

      Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions. It is there so that actions by the government can be openly criticized and constructive dialog be established between (and amongst) citizens and the government, without fear of reprisal. It is there for the betterment of everyone. If there is no benefit to society, no protection is granted.

      There is no basis for this analysis in either the Constitution, or the subsequent jurisprudence interpreting and applying the Constitution. One of the most common and important uses of speech is to hold others publicly accountable for their actions. Harming someone's reputation is often a completely legitimate pursuit. In the United States, all speech is protected by default. Small exceptions are carved out for certain narrow classes of speech which are either unprotected (obscenity) or only partially protected (commercial speech). One of the unprotected classes of speech is defamation - knowingly false statements that damage someone's reputation. That narrow exception is sufficient to address the circumstance where someone attempts to use speech as a weapon to exact a personal vendetta by spreading lies. However, there is no concept in the U.S. law of a wrong for spreading unpleasant truths. Rightly so. The negative judgment that comes to pass in such a case is derived from the subject's own acts, not from the speaker's acts. If these people had not murdered a man, nobody would be thinking ill of them.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    41. Re: A fresh start by smoker2 · · Score: 1

      No ones expecting anything to be forgotten, brushed under the rug, or whitewashed from history.

      Freedom of speech is one thing, having your names forever published in an online encyclopedia is quite another. Are you suggesting every criminal has their name and crime published in wikipedia ? What about juvenile offenders ? If you accept that then you would seem to be in favour of mob rule.

    42. Re:A fresh start by Anonymous Coward · · Score: 0

      Just because the information is out there doesn't mean it should be. Information doesn't have rights -- people do.

      But the information WANTS to be free.

    43. Re:A fresh start by Anonymous Coward · · Score: 0

      Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions.

      Freedom of speech is not GIVEN to citizens. It is a right, and therefore belongs to citizens by default. It is incumbent upon an authority to legitimate any action that infringes on that right.

    44. Re:A fresh start by smoker2 · · Score: 1

      What is better - full court documents that may indicate remorse of killers, reasons why and what happened, or that just rumors spread out?

      Get back to me when (a) wikipedia is responsible for full court documents, and (b) records of crimes are available for perusal outside the country where the crime was committed.

      Are they sueing google for holding names in their cache, the wayback machine for archived records of contemporary news reports, or are they taking action against an _encyclopedia_ ?

      Either you are for ubiquitous planet-wide access to personal information (including your own) or you are against it. If you are for it only when the person concerned has done something bad, then beware - you don't get to decide how "bad" is defined. Especially in a foreign country.

    45. Re:A fresh start by ChienAndalu · · Score: 3, Interesting

      The German society seems to be okay with forgetting such things. A large part of the slashdot community (a significant part of it living in the US) seems not to be okay with this. Different places, different minds.

      I am German and no, I am not okay with this law. I also don't mind criticism from the US. Just because you live somewhere else doesn't mean you can't have an insightful opinion. Fuck moral relativism.

    46. Re:A fresh start by scruffy · · Score: 1

      I know of no such restriction that protection of speech is limited to only speech regarding the government. In fact, I'm quite sure that speech protection covers discussing all historical events. Some of the few restrictions are libel, slander, and obscenity.

      Another very significant restriction (maybe chilling effect is a better way of putting it) is that if your employer can fire you for any reason, you can be fired for what you say or do off the job.

    47. Re: A fresh start by Jeff+DeMaagd · · Score: 1

      Murder isn't a mistake, the definition of the term involves premeditation, but the people that commit murder might not be the same as they were then. The deed is done, which can't be undone, and the punishment has been served. It seems to me that 20 years is a lot of time, a lot of things can change in 20 years, and I think people can change a lot in that time period too.

      I can understand that the victim's family would probably never be able to forgive or forget, but I don't think that should necessarily mean that the entire society has to have the same sentiment.

    48. Re:A fresh start by Jesus_666 · · Score: 3, Informative

      So some American wrote something he believed in into the American constitution. Some Germans wrote what they believed in into the German constitution. like the very first article:

      (1)Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.

      (2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.

      (3) The following basic rights shall bind the legislature, the executive, and the judiciary as directly applicable law.


      That's what our society is built upon. Personal freedoms come second, equality before the law third, freedom of faith fourth and freedom of speech fifth. Of course they're all equally important as far as the law is concerned and nobody except a lawyer cares about the exact order anyway. But that first article is the important one: We believe that everyone has a basic, inviolable right to dignity. Freedom of speech violates the ex-inmates' dignity in this case, therefore freedom of speech is wrong in this case.

      Yes, the USA think differently. Yes, I'm going to receive two dozen answers all angrily telling me that Germany must be completely insane to not put freedom of speech above everything else and that this guarantees we will devolve into an inhuman, totalitarian regime any minute now because non-total freedom of speech invariably begets total censorship. Hey, if you feel particularly zealous why don't you suggest we topple the government through force?

      I don't care. I don't declare freedom-of-speech-at-all-costs my personal god. If someone thinks that makes me borderline fascist then so be it.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    49. Re:A fresh start by ChienAndalu · · Score: 1

      That said -- your comment was a troll. pedophilia has nothing to do with the legal doctrine under discussion here, nor of free speech, any other related concept.

      Maybe you aren't smart enough to see the connection.

    50. Re:A fresh start by BruceCage · · Score: 2, Insightful

      It's you who doesn't seem to understand that rights are highly subjective.

      --
      Perfect is the enemy of done.
    51. Re: A fresh start by Anonymous Coward · · Score: 0

      And as far as calling murder a mistake -- come home and find your wife sleeping with another man and then we'll talk about that.

      I wouldn't pass that off as a mere "mistake" either. Or are you saying that we as a society should think murder is more acceptable if you happen to be really angry at the time? I sure as fuck don't think we should.

    52. Re: A fresh start by hercubus · · Score: 1

      But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives.

      Forgive and forget? Seems pretty short-sighted. I'm not sure I'd call murder a "mistake". An act like this *should* haunt the perpetrators for the rest of their lives.

      The government has stepped in to ensure that any adult citizen that has their freedom also has the same chances as the next.

      Except for the guy they killed. Where's his freedom and chance?

      Lastly, what about the victim's family and friends? How about their chances for normal lives without the murder of their loved-one haunting them. Some things cannot be forgiven and some things should definitely not be forgotten.

      Your theory is fascinating but do you have any evidence that forgiveness is a bad thing? Does holding on to hatred and providing maximum punishment really help family and friends as you seem to be claiming?

      Let us in America by no means learn anything from Germany. Let us continue to "kill the killers" because that's working out so well for us...

      --
      -- How I want a drink, alcoholic of course, after the heavy lectures involving quantum mechanics.
    53. Re:A fresh start by El_Muerte_TDS · · Score: 1

      Yes. If you murder two people, then I have the right to know about it.

      No you don't have right. You want that right.

      That you served your time and have set out in the world to start over is your right once released. But people have the right to know the guy down the street is a convicted murderer.

      What happens if somebody is released for sexual predation of children? Should their names be stricken from any record of the crime? Does the young mother living next door to this released predator have no right to know of a potential danger?

      I am all for giving ex-cons a fair deal. I really do understand how badly they are treated by society and would never treat them as such myself. But I do have the right to know about these crimes. If you are talking about stealing beer at age 19, then fine, whatever. I really don't care. But murder? Come on.

      Maybe we should go back to branding people: http://en.wikipedia.org/wiki/Human_branding#As_punishment

    54. Re:A fresh start by Attila+Dimedici · · Score: 1

      You still do not understand what a right is. You appear to believe that rights are granted by the government (constitution). Your society is built upon this idea.
      I was responding to someone who said that in Germany you do not have a particular right. Either something is a right and everyone is entitled to it everywhere, or it is something granted by the government and only applies where the government allows it. If it is not a right in Germany, it is not a right anywhere. However, just because Germany has laws against something doesn't mean that it is not a right.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    55. Re:A fresh start by Sulphur · · Score: 1

      This information walks with a limp that others may walk straight and tall.

    56. Re: A fresh start by Maelwryth · · Score: 1

      Redemption. It is hoped that this act will haunt the perpetrators for the rest of their lives because they are human. If you don't believe they have a chance to redeem themselves, if only in their own eyes or in the eyes of the people who love them, then they should have been killed as soon as they were found guilty. A lifetime is a very long time though, some of us make mistakes. Some of us make horrendous mistakes.It is hoped that we would learn from them.

      --
      I reserve the write to mangle english.
    57. Re:A fresh start by Attila+Dimedici · · Score: 1

      No, they aren't. Things that are subjective aren't rights.
      Rights are things that it is wrong for the government to interfere with its citizens doing. If Action A is a right, it is just as wrong for Government A to interfere with it as it is for Government B.
      Now, there is much disagreement as to what is and is not a right, but just because one person(or government) says that such and such is not a right does not make it so, anymore than one person (or government) saying that such and such is a right makes it so.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    58. Re:A fresh start by Anonymous Coward · · Score: 0

      um, laws maybe be a reflection of the will of society, but rights are universal.

    59. Re:A fresh start by girlintraining · · Score: 0

      You will not like it.

      It will not be over quickly.

      --
      #fuckbeta #iamslashdot #dicemustdie
    60. Re:A fresh start by Kjella · · Score: 1

      What happens if somebody is released for sexual predation of children? Should their names be stricken from any record of the crime? Does the young mother living next door to this released predator have no right to know of a potential danger?

      Welcome to the world that is not just the United States. For example here in Norway, there is in general no public record of any criminal's name. Criminal records are sealed and not even potential employees can in general see them, with some exceptions like working with children, and even then only relevant parts are released so they will see any molestation convictions but not of tax embezzlement. There is no public "sex offender register" or any other form of register to serve as a modern form of the stocks, either you're free to return to society or you aren't. Of course, everyone will notice the 20 years missing in your CV, but they have no right to see the criminal record all the same. Nor is there, as far as I know, any restrictions how far you can live away from anything though you can have restraining orders with regards to your victims.

      It's an imperfect solution for an imperfect world, but it's the one we've chosen. I think it's better than the US system, where you release people but give them so many kinds of hell that they have to sleep under bridges and can't lead any form of normal life. If I had to live like that I'd probably kill myself, which I assume is the general idea. It's not going to fix everything, the state isn't going to fix up your relation, friends, family, work relations and work history. But you're not forced to have your crimes branded on your forehead by the government. Somehow the US Supreme Court managed to twist that into not being an additional punishment, which is about the same level as "We'll have this guy with a huge sign following you around, distributing rotten eggs and tomatoes. As long as we're not doing the throwing, we're not punishing you." Nooooooooo, sure you're not. Maybe they earned it but the leaps of logic involved makes it smell dead rotten.

      --
      Live today, because you never know what tomorrow brings
    61. Re:A fresh start by BruceCage · · Score: 1

      Yes, they are.

      Nothing you just said counters the statement that "rights are highly subjective".

      --
      Perfect is the enemy of done.
    62. Re:A fresh start by dh003i · · Score: 1

      Right, because murderers deserve to be walking around with the rest of us, as if they aren't dangerous. That isn't the entire motivation behind my post though; the points I made apply for any crime, and actually any non-crime as well. For any information you make available about yourself through your public actions, you can have no legitimate legal objection (via what should be law, or natural law) to others recording that information and judging you by it.

    63. Re:A fresh start by Attila+Dimedici · · Score: 1

      Something that is subjective depends on whether you think it is so or not. For example, beauty is subjective, if you think that something is beautiful, then for you it is beautiful.
      Rights are not subjective, just because you think that something is a right, does not mean that it is a right.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    64. Re:A fresh start by Jaime2 · · Score: 1

      So, if German society is okay with forgetting such things, why make a law that makes it illegal to remind them? It seems inconsistent that a society that allows people to move on with their lives needs to protect people from a society that may hold their past against them. The German society that created this law surely is a German society that would hire an ex-convict as long as they have served their time.

      I wonder if there isn't an interesting history behind this law. Like, perhaps, it was passed to allow WW-II era leaders to continue to lead a public life without embarrassment. Or, maybe, it is a way to make official pardons more effective by sheilding the pardoned from public backlash. Both of these sound like they are not in the best interestes of the German people. I'd like to hear from anyone who knows the real background of this law.

    65. Re:A fresh start by Anonymous Coward · · Score: 0

      Everyone here misses an important point: while the names of criminals may be protected from the public in general, there are ways to inquire a person's criminal record. Especially employers do this regularly. So if they employ a murderer or pedophile, they still know that they hired a criminal. No excuse here.

    66. Re:A fresh start by Skapare · · Score: 1

      Of course, as information becomes easier to access people also need to modify behaviors in light of changing technology; which they have been doing since the beginning of time. That is the real solution, IMHO.

      Oh, you mean like, not murdering people?

      --
      now we need to go OSS in diesel cars
    67. Re:A fresh start by Anonymous Coward · · Score: 0

      Whether he has that right in Germany is debatable. This is the Internet. Get on the internet, get on the anonymous proxy server to get past the German government's censorship, go to a search engine, type in the name, read the Wikipedia article based in the US.
      Now, see, you really do have rights in Germany.

    68. Re:A fresh start by Anonymous Coward · · Score: 0

      (posting anonymously for obvious reasons)

      A couple of years ago, my friend and I were on a plane waiting for it to take off. My friend had had a little too much to drink at the airport bar, and was being rowdy. I tried to get him to keep it down, but to no avail. Eventually, we were asked to leave (me simply because I was with him) and catch the next flight after he sobered up. No arrest, no nothing. We left when they asked and that was that.

      I didn't mind the inconvenience. The next flight was only a few more hours away. But I was absolutely terrified that our names would end up in some newspaper article because it was a slow news day or something, and that that story would be the first thing any prospective employer found when googling my name ... for the rest of my life. Fortunately that didn't happen, but I've read enough stories about people being asked to leave planes where they just put the passenger's name right there in print to know that it could have happened ... and then what could I have done?

      When one incident can follow you forever, how can one live? We all make mistakes, that's just part of life. But is it really a good thing for a complete life-long record of said mistakes have to be available to anyone and everyone at the touch of a button?

    69. Re:A fresh start by alnames · · Score: 1

      I think that the fundamental error in your thinking is that "If there is no benefit to society, no protection is granted." Freedom of Speech in the US grants protection unless there is severe detriment to society. No benefit is necessary. For example, a Ku Klux Klansman can go on and on about how his back woods ass redneck inbred bretheren are superior to everyone else, and that's protected, But he can't go on and on about killin' all the non-white folk, because speech that incites violence is not generally protected. Or more simply, you can yell "that's crap" at the screen in a movie theater, you just can't yell "fire".

    70. Re:A fresh start by BruceCage · · Score: 1

      Ignoring for a moment whether or not rights are subjective.

      Earlier on you awkwardly defined rights as "things that it is wrong for the government to interfere with its citizens doing". Rights are much better defined as entitlements or permissions granted by agreement.

      As another poster pointed out this is an issue about freedom of speech versus the right to privacy.

      In this case you clearly seem to value freedom of speech over the right of privacy. However, that doesn't make it right (no pun intended) for you to say that the original poster doesn't "understand what a right is".

      --
      Perfect is the enemy of done.
    71. Re:A fresh start by Vellmont · · Score: 1


      Specifically, you state that historical references must be protected. That is simply not true.

      So can you state a case where banning historical speech has been upheld? How about historical speech relevant to this specific case?


      Legally, it doesn't matter how many people observe or know about it.

      Legally, I couldn't say, though I have my doubts that it doesn't matter. In every other sense though it's a completely different situation.

      And the law does not state you must forget the event, merely that you must not state (by name) the person(s) involved, once the sentence has been carried out.

      Writing something down and even talking to other people about something is a form of memory. Denying the victim the ability to reference an event publicly is a way to deny that it even happened. I do think that people in general "deserve" a fair chance at a new life (note I don't think they have a "right" to that). That chance is up to everyone to give or deny the perpetrator, and is not something governments should get involved in.

      It's kind of astounding to me that anyone would seriously think that factually saying "so-and-so murdered my brother". or in this case "Wolfgang Werlé and Manfred Lauber murdered Walter Sedlmayr in 1990" is not protected speech in the U.S.

      --
      AccountKiller
    72. Re:A fresh start by Trepidity · · Score: 1

      How do we write history, then? Actor Walter Sedlmayr was clearly murdered in 1990. His future biographies will of course mention this, since it would be absurd not to. But they must never include information on who murdered him? How far back does this apply? Would a German equivalent of Lee Harvey Oswald, assassinating a prominent political figure, be forever expunged from the history books? Can he be written back in after his death, at least?

    73. Re:A fresh start by Attila+Dimedici · · Score: 1

      No, the original poster said "Well, in Germany, you do not have that right." If you don't have that right in Germany, it is not a right. I did not take any position on whether someone has the right to know that a person committed murder.
      If the original poster doesn't think it is a right, that's something we can debate. However, if he says, "You may have that right where you are, but you don't have that right in Germany," then we aren't talking about the same thing and no debate is possible.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    74. Re: A fresh start by Anonymous Coward · · Score: 0

      So, by denying the murderers freedoms, we are then giving back those freedoms and chances to their victims?

      If not, then what purpose does it serve other than to make the rest of us feel somehow better?

    75. Re:A fresh start by zaft · · Score: 1

      "Freedom of speech, in the United States at least, is not given to citizens so that they can harm other people's reputations or hold them accountable for their actions" Actually, in the US, freedom of speech is not "given" to us by the government (cf. Declaration of Independence). We believe the right to freedom of speech comes from our Creator, not the government. Major difference between the US and most European states.

    76. Re:A fresh start by Anonymous Coward · · Score: 0

      > So if they employ a murderer or pedophile, they still know that they hired a criminal.

      Being a pedophile is not a crime. Not every pedophile is a criminal, and if people like you were not so eager to 'hang the scumbags', some of them might actually seek help rather than live in perpetual fear and denial. It is your attitude that contributes to child abuse by discouraging people to find the help and support they need.

      Asshole.

    77. Re:A fresh start by palegray.net · · Score: 1

      Thank you very much for voicing your views on this matter. I strongly suspect there are a lot of Germans who agree with your position. The fact that something makes its way into law doesn't necessarily mean a majority of the citizens think it's a good idea. That fact seems to have been conveniently forgotten by many posters who've been running around claiming that Germans support this nonsense.

    78. Re:A fresh start by Anonymous Coward · · Score: 0

      "Freedom of speech, in the United States at least, is not given"

      In the USA, freedom of speech is not given by the government to its citizens. In the USA, freedom of speech automatically belongs to the people by default, and the same law through which the people created the government bars that government from taking freedom of speech away. Some other nations still build their laws from the model of an absolute government that then grants privileges back to the people, but the US model is that all rights belong to the people, and then on top of that are layers of "congress shall pass no law..." re-assurances that those rights cannot be meddled with.

      To an American, the German decision here is alien and distressing, in that the German government takes information that belongs to the public and later forcefully makes that information private. Trying to spin the German system as somehow morally superior makes this reaction even worse by highlighting the level of control the German government is trying to exert over its citizens (and the by trying to censor English wiki, control over the rest of the world).

    79. Re:A fresh start by RedWizzard · · Score: 1

      Yes, and in the US we have the right of free speech. The solution is not to suppress speech but to change the concept of how past infractions are viewed. While the later is a difficult task; repressing speech in the name of protecting people's rights is far worse.

      And yet you still have libel and slander laws. You have laws about obscenity and regulation of pornography. You have regulation of commercial speech. The right to freedom of speech is not so simple and universal as you are making out.

    80. Re: A fresh start by Idiomatick · · Score: 3, Insightful

      "Forgive and forget? Seems pretty short-sighted. I'm not sure I'd call murder a "mistake". "
      So you are saying people can't change? They could be radically different people after 20years.

      "An act like this *should* haunt the perpetrators for the rest of their lives."
      That is called REVENGE. Something that is not at all useful. I'd like to hope that we could evolve past this base need.

      You seem to think that making this guys life harder will some how bring back the dead dude. It won't. You seem to think that this man being tortured will ease their hearts and make them happy. It won't. And if it did it fucking shouldn't, those thoughts are pretty horrible and something again we should move past.

    81. Re:A fresh start by Idiomatick · · Score: 1

      Modded up using a think of the children argument on /.

      Let that sink in mods. /. is just as weak to the stupid kneejerk arguments that we laugh everyday at politicians for. We are mad at politician's stupidity and inability to see through these arguments but fall for them our selves.

    82. Re: A fresh start by fahrbot-bot · · Score: 1

      "An act like this *should* haunt the perpetrators for the rest of their lives."

      That is called REVENGE. Something that is not at all useful. I'd like to hope that we could evolve past this base need.

      You seem to think that making this guys life harder will some how bring back the dead dude. It won't. You seem to think that this man being tortured will ease their hearts and make them happy. ...

      I never said revenge or torture. How did you even get to that position? What is the matter with you?

      I'm saying that people should remember and others should be allowed to remember the bad things done. Furthermore, the facts are the facts. They did kill someone. These people are trying to wipe the slate of their bad deeds simply because they served (part) of their time - they're on parole. This law that allows that is stupid. Perhaps the murderers can get a clean slate when the victim is no longer dead.

      Allowing the facts of the matter to be posted on Wikipedia is not revenge or torture.

      --
      It must have been something you assimilated. . . .
    83. Re:A fresh start by shutdown+-p+now · · Score: 1

      What happens if somebody is released for sexual predation of children? Should their names be stricken from any record of the crime? Does the young mother living next door to this released predator have no right to know of a potential danger?

      Yes. Yes. No.

      Oh, and why "sexual predation of children" should be treated specially? Ohh, I know - because that's the best cry to gather a pitchfork wielding mob these days. Which is precisely why this law is a good idea in the first place.

    84. Re:A fresh start by shutdown+-p+now · · Score: 1

      However, just because Germany has laws against something doesn't mean that it is not a right.

      And just because America has laws upholding certain freedoms doesn't mean that said freedoms are rights.

    85. Re:A fresh start by shutdown+-p+now · · Score: 1

      How about pedophiles being hired at schools?

      How about anyone who even whispers "but think of the children!" in this context is hanged, drawn and quartered?

      Stop making strawmen to encourage the bloodthirsty mob to proceed with their mindless witch hunt. It's sheer evil.

      As to the question at hand - no, there's nothing wrong with convicted pedophiles being hired at schools, provided they had served the time that judge and jury found fitting for their crime, and the evaluation did not find them even remotely likely to reoffend upon release. What reasonable arguments are there to treat it any differently?

    86. Re: A fresh start by Anonymous Coward · · Score: 0

      But in Germany, these laws are crafted so that people can have a chance at a normal life again--A chance at redemption. It is recognized that people make mistakes, but these mistakes shouldn't haunt them for the rest of their lives.

      Forgive and forget? Seems pretty short-sighted. I'm not sure I'd call murder a "mistake". An act like this *should* haunt the perpetrators for the rest of their lives.

      That is a different philosophical view on punishment than the one German law is based on.
      You are welcome to your opinion. You are welcome to disagree with laws. You're even welcome to try and change philosophical bases of laws around the world.
      But that doesn't mean that the law is *wrong*, only that it is that way to you.

    87. Re:A fresh start by therealkevinkretz · · Score: 1

      This has become a large pile of tangential discussions. The question isn't whether prison is a punishment or a deterrent or for rehabilitation, and the question isn't whether it's reasonable for the German government to keep private judicial documents which contain the names of convicted criminals. While I personally would oppose such a rule here, I understand its intent. But: this law in Germany isn't about government respecting privacy of convicted criminals - it's about government forcing media to rewrite history. A murder and its subsequent criminal investigation and trial of the killers is certainly newsworthy. What justification is there to mandate removal of information from documents? How will this affect research? How can information be legal today, but not tomorrow?

    88. Re: A fresh start by Anonymous Coward · · Score: 0

      And that, dude, is exactly why the US has such a fucked up society, with over 1% of their population in jail, 4x as much as even in China. Think about that.

      And you want to make absolutely sure all these people get never ever a chance of redemption, no, we should make them remember their crimes for the rest of their lives. Nice. So...do you still wonder why so few people getting out of a prison actually better their lives (wikipedia claims a bit more than 50% is back in jail within 3 years). It has no use, once you cross the line you can never return. And at least the rewards are greater on the dark side.

      Good riddance.

    89. Re:A fresh start by Registered+Coward+v2 · · Score: 1

      Yes, and in the US we have the right of free speech. The solution is not to suppress speech but to change the concept of how past infractions are viewed. While the later is a difficult task; repressing speech in the name of protecting people's rights is far worse.

      And yet you still have libel and slander laws. You have laws about obscenity and regulation of pornography. You have regulation of commercial speech. The right to freedom of speech is not so simple and universal as you are making out.

      Free speech does not mean freedom from consequences. You are still responsible for what you say and the results of your speech.

      Although I do agree that there is more to you to it than simply "no prior restraint" given laws regulating commercial speech as opposed to other forms of speech.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    90. Re:A fresh start by AK+Marc · · Score: 1

      Right, because murderers deserve to be walking around with the rest of us, as if they aren't dangerous.

      Everyone is dangerous. Just because someone has acted and someone else hasn't doesn't mean you are safe around those that haven't and unsafe around those that have.

      What they "deserve" and what is "dangerous" are two separate and unrelated topics, and that you muddle them all together does show a bit of your mindset.

    91. Re:A fresh start by AK+Marc · · Score: 1

      You don't know what a right is. A right is something that is defined as a right under law. Period. Inalienable rights are an intersecting set (neither superset nor subset) of rights that are "granted by God" (at least according to those that wrote the defining documents for the US) and can't be removed by governments, just infringed upon.

      And yes, when you come in halfway into a conversation and start defining words differently than they were already being used, then yes, you will "win" the argument. Perhaps you should discuss the words, rather than asserting your dominion over them, to make sure everyone is on the same page before defining them, then asserting that anyone that doesn't agree with your specific definition is wrong.

    92. Re:A fresh start by AK+Marc · · Score: 1

      Rights are not subjective, just because you think that something is a right, does not mean that it is a right.

      Apparently, whether something is a right is whether *you* think it should be. Societies differ. Times change. It is now considered a right to have a secret ballot. However, most of history doesn't agree. People didn't really fight for secret ballots until the most recent 200 years. So, was it a right all these millenia that was infringed, or was it never a right and, even though asserted now to be a right, can never be a right because it wasn't considered one in the past? Those are the only two choices, as rights are set in stone and either inherently are or are not rights, regardless of the context, at least according to you.

      But most people on the planet can understand that what rights the people expect and demand will differ from one society to another, and thus rights can't be static. To assert otherwise is dogmatic and leads to things like wars, as there is only ever one right way to do anything, even if the people you are trying to "enlighten" don't agree with you.

    93. Re:A fresh start by AK+Marc · · Score: 1

      No, the original poster said "Well, in Germany, you do not have that right." If you don't have that right in Germany, it is not a right.

      You are wrong on all counts. In the US and in Germany, there is a Right to Privacy. There is also Freedom of Speech. In points where the two rights collide (is the truth a defense against libel, can you infringe on the Right to Privacy by publishing the names of people convicted of crimes, etc.), there are some areas where there isn't agreement. The "rights" are the same in both places, but the ballancing act between the two is not so clear. Perhaps you could say, the rights are the same, but the expression of them differs.

      Also, you have contradicted yourself. If you don't have that right in Germany, but you do in the US, then is it or isn't it a right? You are asserting that you don't have that right in Germany, you don't have that right anywhere. But you are excluding the normal use of the language in that if someone has a right, but the government won't let them exercise it, it is said that someone does not have that right. So, if someone has that right in the US and someone doesn't have that right in Germany, then is it a right everywhere, but infringed upon in Germany, or is it a right nowhere and a priviledge in the USA? You can't know, and the wording allows for it to be described in the manner the OP did. You are arguing a semantic point that is incorrect. A right is what the people in that place and time state it is.

    94. Re:A fresh start by AK+Marc · · Score: 1

      It strikes me as very authoritarian for the state to make this judgment for other people. Do you really think it's appropriate to block an employer or a potential spouse from getting this information?

      Yes. You are either free to reenter society, or not. To place someone back into society and place purposeful blocks from them actually integrating them into it is one reason there are high recividism rates. "You can go work now, but you have to tell everyone you are a felon so no one will hire you."

    95. Re:A fresh start by lennier · · Score: 1

      "As far as the internet -- do we really want it to be a tool that enables a person's past mistakes to haunt them forever?"

      That's called Facebook.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    96. Re:A fresh start by lennier · · Score: 1

      "For example, beauty is subjective"

      Actually, not according to Christopher Alexander. He's written a whole series (The Nature of Order) on the mathematical and geometrical reasons why beauty is objective, not subjective - and that people's intuition about the beautiful vs the ugly are actually suprisingly coherent. Which does interesting things to postmodernism.

      But carry on.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    97. Re:A fresh start by lennier · · Score: 1

      "A right is what the people in that place and time state it is."

      That's debatable, and is in fact exactly what is being debated.

      The pro-free-speech poster is arguing from the position that the framers of the US Constitution took - that there exist certain *natural* rights which are not granted by a government or society but are inherent to the condition of being human.

      I think both Germany and the USA would agree on this, but disagree as to the priority of the right to 'dignity' (or privacy) vs the right to speech.

      But the idea that rights themselves exist, are prior to forms of social organisation, and are *recognised* - rather than granted - by democratic governments is fairly fundamental. If we don't agree on this, then there's a fairly big philosophical and political gulf between us.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    98. Re: A fresh start by Anonymous Coward · · Score: 0

      No ones expecting anything to be forgotten, brushed under the rug, or whitewashed from history. Freedom of speech is one thing, having your names forever published in an online encyclopedia is quite another.

      That seems all the same to me.

    99. Re:A fresh start by AK+Marc · · Score: 1

      But the idea that rights themselves exist, are prior to forms of social organisation, and are *recognised* - rather than granted - by democratic governments is fairly fundamental. If we don't agree on this, then there's a fairly big philosophical and political gulf between us.

      The fact you specify "democratic" as apparently the only type of government that can recognize rights indicates there is a bigger philosophical and political gulf than you suspected. You appear to be arguing from the "my world view is right, and here's how I justify it" stance. That's only going to convince those that already agree with you. Try the "in a vacuum of knowledge, this is how one, with no outside references, could come to the same conclusions." That will work better than assuming the other person already agrees with you and you are explaining.

      "Rights" are what the governments (democratic or otherwise) say they are in that location at that time. Inalienable rights which are static and transcend space and time, are a separate issue. I have the "right" to make a FOIA request. So says the government. No other place in the world can do that (they may have something similar, but the FOIA is US only). So, does someone in Germany have that "right"? Or do they have it, but the government is oppressing them by not granting the request?

      You assume your definition of right. You assume your government is the only "good" one. You assume the people that formed your government were correct in defining rights. And you argue from the point that your are right, and if someone doesn't agree with you they simply don't understand.

    100. Re:A fresh start by Anonymous Coward · · Score: 0

      borderline? ;)

    101. Re:A fresh start by Anonymous Coward · · Score: 0

      SO what about their inalienable right to privacy and more important dignity? You're sidestepping the question with your overarching ramble about rights in general.

      As rights are sometime conflicting they have to be weighted against each other. Germans are weighting the right to dignity higher than the right to free speech, in the US it's the other way round.

    102. Re:A fresh start by Anonymous Coward · · Score: 0

      If someone thinks that makes me borderline fascist then so be it.

      well, you ARE german.

    103. Re:A fresh start by Anonymous Coward · · Score: 0

      So is the right to privacy. So now it's an evaluation whats more important in this case.

    104. Re:A fresh start by JAlexoi · · Score: 1

      Wasn't Mr. Jefferson a slave owner?

    105. Re:A fresh start by Anonymous Coward · · Score: 0

      As should anyone who advocates killing other people, right?

    106. Re:A fresh start by JAlexoi · · Score: 1

      Yet some things have to be there even if they are not supported by the majority. One of the best samples are the ethnic minority preservation laws.

    107. Re: A fresh start by Anonymous Coward · · Score: 0

      Except for the guy they killed. Where's his freedom and chance?

      Please enlighten us with your plan to make him live again. If you don't have one, I suggest accepting that the man is dead and that no-one can do anything for him anymore. All we can now do is limit the damages to society as a whole.

    108. Re: A fresh start by JAlexoi · · Score: 1

      An act like this *should* haunt the perpetrators for the rest of their lives.

      That fact(murder) does haunt any person. Just ask any soldier, what were his feeling before and after his first kill. And it haunts any normal(not clinically insane), even if murder was an actual mistake(a.k.a accident -> death from severe allergic reaction comes to mind).

    109. Re:A fresh start by palegray.net · · Score: 1

      While I agree with your sentiment, there's no parallel between the example cited and the current discussion.

    110. Re:A fresh start by DocTBone · · Score: 1

      We should stop mentioning them by name right after they bring back their victim. Some actions have permanent consequences.

      --
      To swim, only to die at the edge.
    111. Re:A fresh start by Jesus_666 · · Score: 1

      Rights aren't granted by a constitution, they're recognized by it, which translates into restrictions on the laws allowed under that constitution. The constitution of a country explicitly mentioning a right means that the laws of that country are required to respect that right, not violating it unless doing so prevents a more egregious violation of another basic right.

      In the United States the basic human right to dignity is not acknowledged. As far as you're concerned it doesn't exist. Thus it's (from your perspective) perfectly acceptable to broadcast criminals' identities to everyone as this helps them protect their rights and property. Demanding to be informed about criminals' identities behaves the same.

      In Germany we acknowledge a basic human right to dignity (what can happen when you don't is one of the more painful lessons we learned from the Third Reich). Since the criminals also have that right and we consider their debt to society paid after they served their sentence you don't have the right to demand their identities as that violates their basic human right to dignity. Human rights overrule the "right to know".


      However, of course, since my country's constitution doesn't begin with "We the People of the United States" it's impossible for me to ever undestand the meaning of "right" or "freedom".

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  16. Small incorrectness in the NYT article by Sique · · Score: 5, Informative

    It states:

    The question of excising names from archives has not yet been resolved by the German courts, he said.

    There is no such concept as precedence in the German law. Every judge and every court is free to decide based solely on the current law and the merits of the case. There is something called prevailing opinion, but this is not obligatory, it is rather used as a shortcut by judges to reach a decision.
    Only decisions by the highest courts (BVG = Federal Constitutional Court and BGH = Federal Court of Justice) are binding.

    --
    .sig: Sique *sigh*
    1. Re:Small incorrectness in the NYT article by Angst+Badger · · Score: 2, Insightful

      While I recognize the goal of precedent -- to provide consistency in legal decisions -- I have to envy the Germans on this one. The major side-effect of precedent in American law is that it creates such a huge body of law, often piling ambiguity on top of ambiguity, that the general public cannot understand the law. At the very least, I wish that case law that added to (or invalidated) existing statutory law forced the law back to the legislature for clarification and correction.

      --
      Proud member of the Weirdo-American community.
    2. Re:Small incorrectness in the NYT article by Nerdfest · · Score: 1

      Occasionally correct is much better than consistently wrong.

  17. ...NOT by KingSkippus · · Score: 4, Interesting

    Out imperfections notwithstanding, the United States is one of the only countries that can be trusted to understand what Freedom of Speech means.

    Do you really believe that? It's easy for the United States to be all indignant when it comes to German killers. But what do you think will happen when, say, the RIAA/MPAA lobbies to have domain names such as thepiratebay.org preemptively revoked?

    Germany need to have a say in how DNS is run, as does the United States, England, France, Russia, China, and all the other nations of the world. Does Germany want x blocked or removed? Too damn bad, Swaziland vetoed them. Does the U.S. want that pesky torrent tracker site blown away? Too damn bad, Antigua says it stays. Everybody wins.

    Having one nation in control of who gets to have a voice sucks, no matter which nation it is or how much they profess to love freedom of speech (while simultaneously making it harder and harder to enjoy that "freedom").

    1. Re:...NOT by YrWrstNtmr · · Score: 1

      Germany need to have a say in how DNS is run, as does the United States, England, France, Russia, China, and all the other nations of the world. Does Germany want x blocked or removed? Too damn bad, Swaziland vetoed them. Does the U.S. want that pesky torrent tracker site blown away? Too damn bad, Antigua says it stays. Everybody wins.

      One country/vote can overturn everyone else? Everyone loses.
      Holland/Germany/USA wants to have sites for boobies. Saudi Arabia vetoes it. Poof...no more boobies.

  18. Apparently its a rent seeking scam by Anonymous Coward · · Score: 0

    At first I assumed it was a unwitting Straisand effect case, but after RTFA I now believe they just want money from the Wikimedia Foundation, and aren't really concerned with the publicity

    1. Re:Apparently its a rent seeking scam by Anonymous Coward · · Score: 0

      You can't be too much concerned with publicity if you decide to go and murder someone.
      Although as you can't sue for fantasy amounts($1000 billion bailout please) in germany i'm not really sure what the fuck they want to achive. My bet is that they're stupid and haven't really had the chance to follow the development of internet during their twenty years in prison. So they are both dumb and out of date, a wonderful combination indeed, good thing they let us know of their existance either way, i sure hadn't heard about them until now.

  19. Get your lawyers ready James by SebaSOFT · · Score: 1

    No, Slashdot references that "James Levine" references that those people killed a German actor.....

    1. Re:Get your lawyers ready James by commodore64_love · · Score: 1

      Who the frak cares?

      Slashdot is a U.S. website and outside the juris diction of the German state. Furthermore if Germany tried to impose its law, such as through blocking slashdot or wikipedia.com, then they'd reveal themselves to be no better than China.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  20. Mod this +5 funny! by sribe · · Score: 1

    In the spirit of this discussion, I trust that you will not mention my clients' names in your article.

  21. Re:Wolfgang Werlé & Manfred Lauber are mu by bobdotorg · · Score: 3, Funny

    maybe time to register:

    wolfgangwerleandmanfredlaubermurderedayoungactorin1990.com

    Curious if you could register the .de counterpart.

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
  22. Oh Yeah? by Nerdfest · · Score: 1

    ... and what are you going to do if I don't??? Oh wait ... never mind.

  23. but.. by snugge · · Score: 0

    Don't mention the war!

  24. Chalk up another one for the Streisand effect by RAMMS+EIN · · Score: 1

    Those who fail to reckon with the Streisand effect are doomed to invoke it.

    --
    Please correct me if I got my facts wrong.
  25. Shades of Blazing Saddles... by Registered+Coward+v2 · · Score: 1

    I found the line:

    In the spirit of this discussion, I trust that you will not mention my clients' names in your article

    reminiscent of the "of course, you'll have the decency not to mention this to anyone..." line in Blazing Saddles. Which, of course, had Germans as well. And Lilli von Schtup; which is what just happened to his clients.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  26. Capital Punishment by amiga3D · · Score: 0

    If they had received what they deserved for their crime then this whole argument would be irrelevant.

    1. Re:Capital Punishment by thht · · Score: 1

      We(as country) have killed 60 million people in WW2. Enough is enough.

    2. Re:Capital Punishment by amiga3D · · Score: 1

      Fair enough. Barring execution they should spend the rest of their lives in prison.

    3. Re:Capital Punishment by Sir_Lewk · · Score: 2, Funny

      I hereby demand that the names of all involved countries be removed from the WWII wikipedia article!

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
  27. A proposal by venicebeach · · Score: 1

    I propose we rename the Streisand effect after them.

    1. Re:A proposal by Majik+Sheff · · Score: 3, Funny

      The Werlé-Lauber effect sounds like something physics students would have to memorize an equation for.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    2. Re:A proposal by dkf · · Score: 1

      The Werlé-Lauber effect sounds like something physics students would have to memorize an equation for.

      "Deaths per year is proportional to the square of the whitewash applied" or something like that?

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:A proposal by fishexe · · Score: 1

      The Werlé-Lauber effect sounds like something physics students would have to memorize an equation for.

      I think in a few years there will be an equation by that name that sociology or journalism students will have to memorize, relating the number of attempts made to suppress information, to the speed with which said information spreads.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  28. wouldn't it be easier... by Anonymous Coward · · Score: 0

    if these two gents just changed their names?

    Preferably not to 'Wolfgang Amadeus Mozart' and 'Manfred Mann', though.

  29. "WERE killers" or "HAVE killed", not "ARE killers" by Anonymous Coward · · Score: 2, Insightful

    Your post is a good example of why that German law was passed in the first place.

  30. Wolfgang Werlé and Manfred Lauber killed a pe by Majik+Sheff · · Score: 1

    It's in the title, and it will now likely be in the title of every reply. I think it's interesting that a nation with Germany's history would still think it's a good idea to control its citizens in such a way.

    --
    Women are like electronics: you don't know how damaged they are until you try to turn them on.
  31. Wait, what? by JimboFBX · · Score: 1, Insightful

    Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Now that they are out of prison...

    So basically in Germany, if I really really dislike someone, I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death". Seems like stupid logic to people who have a lot to live for, but for people that don't... I'm sure these two are giving each other high fives and declaring themselves the winner.

    And this isn't the difference between "murder" and "accidental killing" here, they murdered this guy, and it was a hate crime. The victim was a gay actor. They then mutilated his body.

    1. Re:Wait, what? by 4D6963 · · Score: 1

      I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death"

      Well now that you mention it, it does sound like quite a bargain!

      --
      You just got troll'd!
    2. Re:Wait, what? by Anonymous Coward · · Score: 0

      So basically in Germany, if I really really dislike someone, I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death". Seems like stupid logic to people who have a lot to live for, but for people that don't... I'm sure these two are giving each other high fives and declaring themselves the winner.

      Maybe. Maybe not. Maybe they learned some remorse in their time in prison, and are no longer the same people they were. Yet there is no doubt in my mind that they'd continue to be judged entirely based on that by the vast majority of people, who would never take the time to learn any different.

      Because you know, they're murderers, and that's that.

      And that might include me. It's tough not to judge based on some information. Sometimes though, there's a reason why it's best for things to be unmentioned and unknown, and the law is probably taking that into account over the particulars of this situation.

    3. Re:Wait, what? by snowgirl · · Score: 1

      Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Now that they are out of prison...

      So basically in Germany, if I really really dislike someone, I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death". Seems like stupid logic to people who have a lot to live for, but for people that don't... I'm sure these two are giving each other high fives and declaring themselves the winner.

      And this isn't the difference between "murder" and "accidental killing" here, they murdered this guy, and it was a hate crime. The victim was a gay actor. They then mutilated his body.

      You do realize that not ever murder in America is punished with death, or life in prison. In fact, in the USA, death and life in prison are pretty much only allowable for murder that was premeditated, which I don't imagine that this case was.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    4. Re:Wait, what? by V50 · · Score: 1

      I agree with you on every count, it sounds very light to me. Though, if the Germans are happy with their law, I feel that's their business, and as a Canadian I don't feel it's my business to tell them how to run their own country, any more than they can try to tell us that we can't use their names.

    5. Re:Wait, what? by GastronomicalEvent · · Score: 1

      I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death"

      Well now that you mention it, it does sound like quite a bargain!

      sounds like quite the Magic card

    6. Re:Wait, what? by Anonymous Coward · · Score: 0

      So basically in Germany, if I really really dislike someone, I can say "hmmm for a mere 20 years of my life I can take X amount of years of theirs, after giving them a gruesome and painful death". Seems like stupid logic to people who have a lot to live for, but for people that don't... I'm sure these two are giving each other high fives and declaring themselves the winner.
       

      There are no statistics to support that claim, since there are almost 4 times more murders per capita in USA than in Germany. In general, people don't want to kill each other and if they do usually the last thing they consider is how long sentence they get if they get caught.

    7. Re:Wait, what? by Anonymous Coward · · Score: 0

      I agree with you on every count, it sounds very light to me. Though, if the Germans are happy with their law, I feel that's their business, and as a Canadian I don't feel it's my business to tell them how to run their own country, any more than they can try to tell us that we can't use their names.

      Why? Where's the harm in telling them how to run their country? They're free to ignore you, and if it were only you, they surely would. When it's a bunch of people, maybe they'll listen. Maybe "the Germans" (as if every single one of them agrees with the law) will listen and wish the law repealed. Or do you believe that just because a group of people decide to do something, that automatically makes it right?

    8. Re:Wait, what? by Dare+nMc · · Score: 1

      If the murders, Wolfgang Werlé and Manfred Lauber, still live in Germany then they are at the same risk. IE if one of the family or friends of the victim feel the same, it could be bad for those two. Perhaps the family are just waiting for the record to be cleared, so then their would be no legal motive. Just imagine when the police come knocking on say the victiums brothers door, "whats my motive for killing them, its not like they murdered my brother, did they?"

    9. Re:Wait, what? by Inverted+Intellect · · Score: 1

      I see that your approach to what to do with convicted killers would be to punish them to the point that others in their position would consider their options and opt out of these acts in order to avoid severe punishments. Or is it more about vindictiveness?

      In the former case, I can't agree with that approach as from what I've seen it does not appear to actually work. In the latter, I won't object as the sense of justice is a fairly strong instinctual motivator and I won't downplay that.

      The approach of reforming those guilty of criminal acts so as to produce individuals less likely to commit such acts again seems by its very definition like a much more results oriented approach, and as such seems to give decent results overall.

    10. Re:Wait, what? by Anonymous Coward · · Score: 0

      I can't imagine that someone actually sits down and thinks "for a mere 20 years of my life I can take X amount of years of theirs."

      In the event that a murderer actually sits down to weigh the advantages and disadvantages of killing someone, it makes very little sense to argue that way. Even leaving conscience aside and supposing a person without morals and inhibitions, a murderer does not immediately gain anything from a victim's death -- indeed, a killing without motive is, fortunately, rather disadvantageous to the killer because he will then be a wanted man. If he were to kill for a profit of whatever kind, whatever he hoped to gain through the murder would have to outweigh that disadvantage in his mind, and 20 years of one's life are to most people very valuable indeed.

      About hate crimes, which this case is not likely to have been, considering that the murderers are former business associates of the victim -- I would be very surprised if a hate criminal sat down before a murder and pondered the pros and cons of killing someone he hates; hate does not work like that. Indeed, the whole concept of deterrence is moot in that context; the way to curtail it is education. But I digress.

  32. Re:"WERE killers" or "HAVE killed", not "ARE kille by blind+biker · · Score: 3, Insightful

    You know, I admit I am biased. I don't like murderers like Wolfgang Werlé and Manfred Lauber, because their victims have no recourse, ever again. And while I do believe that some of them can change and not be a threat to other people again, that doesn't mean that the past didn't happen. Forgiveness yes, whitewash the past, fuck no!

    Murderers should very well learn to live with the consequences of their actions, because their actions have consequences that can never be rectified.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  33. Hypocrisy by Anonymous Coward · · Score: 0

    I find it ridiculous that the crowd who always shouts "information wants to be free" when a musician or writer is trying to make a buck off of his work suddenly goes overboard in defending 2 guys who murdered an actor for being gay.

  34. Wow -- there are cultural differences for you by smchris · · Score: 1

    Maybe nobody feels "sorry" for child molesters, but I've thought for years it was at least stupid for the U.S. to make their current addresses public be decree. Newspapers have reported on many who fail to maintain addresses on record because nobody will rent to them and they end up wandering homeless from town to town and state to state. Sort of defeats the purpose. But Germany prohibiting the media from besmirching the good name of out-of-prison murderers? Can't we find a happy middle ground here?

    1. Re:Wow -- there are cultural differences for you by CrimsonAvenger · · Score: 1

      besmirching the good name of out-of-prison murderers

      Murderers have a "good name" to besmirch?

      The thing I really wonder in this case: if a German newspaper had mentioned their release the day before their release, would that newspaper be liable to recover and destroy all copies of that particular issue of their newspaper after they were released?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  35. Jurisiction Over and Over Again by b4upoo · · Score: 1

    American law has always displayed cowardice in declaring where jurisdiction exists. Sometimes it is which agency is in control. Sometimes it is in whether city,county,state or federal laws should be in play. And now with all kinds of treaties and formal arrangements with other nations it is almost overwhelming in nature.
                        A year or so back it was France suing Ebay over the sale of Nazi relics. Now we have Germany fussing about revealing the names of murderers.
                        And you don't even want to start about porn laws and what one may have on computer in different states within the US.
                        It's about time for the public to get involved. No nation should have the slightest control over anything published in America and no town, city or state should ever be allowed to declare any publication illegal if it is legal anywhere in the industrialized world.

  36. Headline should read: by icepick72 · · Score: 1

    "German Killers Sue Wikipedia To Remove Their Names, Or Else..."

  37. right of disassociation by dh003i · · Score: 2, Insightful

    The _murderer's_ rights aren't violated by people knowing what they did. They should have been executed anyways. But irrelevant of that, non-aggressive people also have the right of freedom of association. I for one choose not to associate with people I consider dangerous.

    In a free society, criminals would owe restitution to their victims, and victims would be also entitled to request retribution against the criminal. Then people at large could make their own associative or dis-associative decisions regarding the criminal.

    One thing is clear, however. It doesn't violate anyone's rights for other people to know information about them that they've made publicly available through their actions.

    Note that I'm not saying I have, per se, the right to know information about other people. That would imply positive obligations on the part of other people. However, no-one has the right to stop the various people at Wikipedia from recording and maintaining an account of history. That is their private property right.

    1. Re:right of disassociation by snowgirl · · Score: 3, Insightful

      The _murderer's_ rights aren't violated by people knowing what they did. They should have been executed anyways. But irrelevant of that, non-aggressive people also have the right of freedom of association. I for one choose not to associate with people I consider dangerous.

      Most countries in the world do not hold to the barbaric idea of execution. We are supposed to be more moral than animals.

      In a free society, criminals would owe restitution to their victims, and victims would be also entitled to request retribution against the criminal. Then people at large could make their own associative or dis-associative decisions regarding the criminal.

      They paid their restitution, the victims likely requested their desired restitution, and you can associate or not with people in general, but people need not actively tell you that they committed a crime, or necessarily any other sort of information. In a free society, we have the right to disclose personal details at our own discretion... some details will be worn on our face... the color of our skin, our gender, etc... but in general, we should have our privacy to tell only the details that we wish to.

      You're still free to choose not to associate with ex-criminals... but how many of them do you really know? I suppose more people than you would expect have had criminal run-ins... especially if you live in the USA.

      One thing is clear, however. It doesn't violate anyone's rights for other people to know information about them that they've made publicly available through their actions.

      Note that I'm not saying I have, per se, the right to know information about other people. That would imply positive obligations on the part of other people. However, no-one has the right to stop the various people at Wikipedia from recording and maintaining an account of history.

      People have a right to privacy. The USA has "false light" laws as well as defamation laws. Sometimes, even if information is true, if it is presented with actual malice, it is wrong, and the individual is entitled to damages.

      That is their private property right.

      You seem to misunderstand what prompts rights. A government grants the rights of their citizens to their citizens. There is not some omnipotent higher-power that brings his hand down to personally interfere with human legal machinations.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    2. Re:right of disassociation by TrekkieGod · · Score: 3, Insightful

      In a free society, criminals would owe restitution to their victims, and victims would be also entitled to request retribution against the criminal. Then people at large could make their own associative or dis-associative decisions regarding the criminal.

      In a completely free society, nobody is stopped from doing anything, which includes murdering others. A completely free society has no laws, and the strong rule.

      In a society where people value life, liberty, and property, we restrict what others can do in order to protect those rights which we, as a society, have determined are most important. Thus, in order to protect my right to life, we have enacted laws against murder. In order to protect my right to property, we have enacted laws against theft. By violating the victim's right to life, those criminals gave up their right to freedom for nineteen years. According to German law, they have apparently given up no other right, and owe nobody else any other restitution. Their debt has been paid, and they now have all the rights given any other citizen. That's fine by me.

      I still side with Wikipedia here because, among other reasons, German laws should not apply outside Germany. However, I object to your statement that in free society retribution is expected. Every law removes of some liberties in order to protect rights which said society values and thus, by definition, makes a society less free. A completely free society would not be one I'd like to live in, so these restrictions can make for a better society, but not a freer one.

      Note that I'm not saying I have, per se, the right to know information about other people. That would imply positive obligations on the part of other people. However, no-one has the right to stop the various people at Wikipedia from recording and maintaining an account of history. That is their private property right.

      Yes, I agree completely with you there. Seems like if they wanted to protect the identity of the murderers once they got out of jail, a better law would have been to never reveal this information in the first place, except to people who have some reason to be directly involved (family of the victims and the criminals, lawyers, etc). Once the information is out, it's out.

      --

      Warning: Opinions known to be heavily biased.

    3. Re:right of disassociation by Anonymous Coward · · Score: 0

      > Most countries in the world do not hold to the barbaric idea of execution. We are supposed to be more moral than animals.

      If you were more moral than animals, the issue would be moot, because you would have no murderers to worry about not executing.

      > A government grants the rights of their citizens to their citizens

      How... pre-Enlightenment of you. In civilized countries, the people begin with all rights, and when they form a government they cede some level of authority to it.

      > People have a right to privacy.

      Who owns the information that a murder happened? Of all possible answers that could be argued for here, saying that the murderer owns this information is the weakest one. If you're more moral than an animal, how is it moral that one can commit murder and then claim to that it was private?

    4. Re:right of disassociation by evilviper · · Score: 1

      Most countries in the world do not hold to the barbaric idea of execution.

      Actually, 102 countries have Capitol Punishment, while 95 do not. So at least a simple majority certainly do hold to "the barbaric idea".

      I can see your point... People should be punished when they commit one murder, but the rest should be considered "freebies". Life + 500 year sentences really discourages murder.

      We are supposed to be more moral than animals.

      We are... that's why murders are punished. Animals don't do that. In fact murders in the animal kingdom are most often rewarded for killing.

      but people need not actively tell you that they committed a crime, or necessarily any other sort of information.

      That's a bit different than claiming they should be able to actively censor public information about themselves they don't want others to learn...

      Sometimes, even if information is true, if it is presented with actual malice, it is wrong, and the individual is entitled to damages.

      Never true in the US legal system. Some European countries believe this, and some go even further and don't allow the spread of damaging even if presented without malice, and even if entirely true. Here, it's clear the barbaric USA has got it right, and most of the world has it wrong.

      A government grants the rights of their citizens to their citizens. There is not some omnipotent higher-power that brings his hand down to personally interfere with human legal machinations.

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

      --
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    5. Re:right of disassociation by snowgirl · · Score: 1

      Sometimes, even if information is true, if it is presented with actual malice, it is wrong, and the individual is entitled to damages.

      Never true in the US legal system. Some European countries believe this, and some go even further and don't allow the spread of damaging even if presented without malice, and even if entirely true. Here, it's clear the barbaric USA has got it right, and most of the world has it wrong.

      Funny. It's like I know about this legal tort called "False Light" that you don't know about...

      Seriously, my sig isn't there just to be funny... I really am pedantic enough to have read law, and understand it; even without a law degree.

      The problem is that simply publishing simple facts does not mean that it's ok... HOW one publishes those facts can impact how they are interpreted.

      Please, read up about "False Light" in the US law system, and then get back to this conversation...

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

      The Declaration of Independence carries no legal weight in the United States or anywhere. It's nice that you can point out someone who thinks that rights come from a higher power, I can find lots more than just the Declaration of Independence. However, LEGALLY, there is no creator who came down and put pen to paper and wrote the Bill of Rights... that was the US government.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    6. Re:right of disassociation by snowgirl · · Score: 1

      > Most countries in the world do not hold to the barbaric idea of execution. We are supposed to be more moral than animals.

      If you were more moral than animals, the issue would be moot, because you would have no murderers to worry about not executing.

      > A government grants the rights of their citizens to their citizens

      How... pre-Enlightenment of you. In civilized countries, the people begin with all rights, and when they form a government they cede some level of authority to it.

      I understand it might be "pre-Enlightenment" in so far as philosophy works. However, in real life--in how they're set up in law--the rights are given and guaranteed by the government.

      You have the right to Free Speech because of it being written down on a piece of paper drafted in words by a government. The limits of that Free Speech have been determined in courts by your government.

      While the philosophers of law may argue about wherefrom the rights of the people are derived, however they are guaranteed by the Government, enforced by the Government, and defined by the Government.

      If it looks like a duck, walks like a duck, and quacks like a duck, I'm going to say it is a duck, even if the pervasive philosophical opinion is that it is a dog.

      > People have a right to privacy.

      Who owns the information that a murder happened? Of all possible answers that could be argued for here, saying that the murderer owns this information is the weakest one. If you're more moral than an animal, how is it moral that one can commit murder and then claim to that it was private?

      It's not about who owns the information... it's a matter of PRIVACY. Privacy is not recognized as property, but rather as a separate legal concept. Privacy cannot be stolen, however it can be invaded.

      They have served their time, and it is no longer the business of the public at large who committed the murder that they committed. If it happens to be your business; say you're looking into employing them, guess what? There is still the public record, which you may examine, and determine that they had been convicted of the crime.

      However, to allow newspapers to drag their names out every time the murders come into news is punishing those individuals beyond what they were sentenced to.

      --
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    7. Re:right of disassociation by Anonymous Coward · · Score: 0

      Each post of yours makes less sense than the last. (And makes your pedant sig funnier).

      > However, in real life--in how they're set up in law--the rights are given and guaranteed by the government.

      Nope. Both in text and in practice in the US, the rights originally belong to the people and the government is barred from restricting them. You should observe contrived third party example: if a newspaper doesn't print the letter you send them... that's it, they didn't print your letter, and you cannot get the government to compel them to do so). The German case is a clear example of the opposite way, where a citizen is claiming a right and getting the government to force other citizens to comply.

      > It's not about who owns the information... it's a matter of PRIVACY. Privacy is not recognized as property, but rather as a separate legal concept. Privacy cannot be stolen, however it can be invaded.

      Guess what? Your all-caps PRIVACY's foundations ARE in property law. (In the US specifically, the 4th amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.) The legal foundations of US privacy law are all extended from there by grouping information into that protected person/house/paper/effect class. And, as with the free speech examples, in both text and in practice, those rights originally belong to the people and it's specifically the government that is barred from violating them. (If someone *else* violates your privacy, you can sue them. But that's a civil case, not a criminal case.)

      And, obviously, a murder is not the private property of the murderer. It's not their person (in fact, a murder is the most extreme way of involving ANOTHER person :(, it's pretty obviously not anything like the murderer's house/papers/effects either. German law would have to be bizarrely different to make it so. I think you're arguing from your gut here, not from what the actual German law says.

      > They have served their time, and it is no longer the business of the public at large who committed the murder that they committed. If it happens to be your business; say you're looking into employing them, guess what? There is still the public record, which you may examine, and determine that they had been convicted of the crime.

      How wonderfully circular. So you assert it's not the public's business, except that the public IS allowed to look it up, except the newspapers somehow don't count as public so they aren't allowed to tell anyone?

      > However, to allow newspapers to drag their names out every time the murders come into news is punishing those individuals beyond what they were sentenced to.

      The court sentence only tells the government what the government is required to do to the convict. And since you assert that the information is still available to the public, you contradict yourself if you both say they're allowed to do it but that it's illegally punishing the ex-con to do so.

      Basically your posts reduce down to "I think it's not NICE for people to judge others based on their pasts" with a whole bunch of weak logic packed around it to try to make it look less like your personal belief and more like law. Except you botched the wrapper. You got letter, practice, and intent of the US laws wrong, and you've got the German side wrong in some way saying it contradicts itself. I could argue that you got the morality of it very wrong too, but that wouldn't be nice of me when the other arguments would suffice.

    8. Re:right of disassociation by AK+Marc · · Score: 1

      Never true in the US legal system.

      You are incorrect. There are places where true information can be illegal. Take a look at Oprah's court case, I think in Texas. If you badmouth someone with the intent of harming their business and their business is agriculture in a few states with such laws, it doesn't matter if it is true, it is still a form a libel.

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

      So everyone's Mom gives them rights?

    9. Re:right of disassociation by snowgirl · · Score: 1

      Each post of yours makes less sense than the last. (And makes your pedant sig funnier).

      And have you actually studied law?

      > However, in real life--in how they're set up in law--the rights are given and guaranteed by the government.

      Nope. Both in text and in practice in the US, the rights originally belong to the people and the government is barred from restricting them. You should observe contrived third party example: if a newspaper doesn't print the letter you send them... that's it, they didn't print your letter, and you cannot get the government to compel them to do so). The German case is a clear example of the opposite way, where a citizen is claiming a right and getting the government to force other citizens to comply.

      You apparently didn't RTFA... The German case is an example of where the state has already declared an open right of an individual convicted of a crime, and the citizens are now suing on the basis of that law.

      Here's the funny thing about Common Law systems vs Civil Law systems. Common Law systems allow torts actions to be brought that are not already established by statute. Product liability is a good example of this. A snail in a drink bottle prompted someone to sue the manufacturer, because the individual never purchased the product, there was no direct tort action before that case, but the judge held that the action may stand because he would consider the possibility that a product manufacturer has a general duty to produce a safe product.

      In the Civil Law system, if it is not in statutes, then you may not sue over it. This means that literally, those German citizens could not bring this suit in a German court without the law granting them said right explicitly.

      If they're suing in a US court, then they're in for a wonderful surprise in that German law is not enforceable in the USA. However, if they're suing in German courts, and Wikipedia thinks that they can just get around it by claiming that they're not subject to German courts, they're likely to run into the problem of Yahoo v. LICRA, which found that Yahoo, a US company is subject to French law.

      Guess what? Your all-caps PRIVACY's foundations ARE in property law. (In the US specifically, the 4th amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.) The legal foundations of US privacy law are all extended from there by grouping information into that protected person/house/paper/effect class. And, as with the free speech examples, in both text and in practice, those rights originally belong to the people and it's specifically the government that is barred from violating them. (If someone *else* violates your privacy, you can sue them. But that's a civil case, not a criminal case.)

      If the Government breaches your privacy, you can sue them as well. Just because a government is "barred" from some action, doesn't mean that it won't happen.

      I enjoy your argument that rights are held by the people and they license the government to intrude upon certain rights... it really sounds wonderful, and it's certainly a great ideal... and you are right that the US has things written to say such... such is the philosophy of the law as it was written.

      However, look at the Slaughterhouse cases... the government evaluated the claimed right of various individuals and found them to be lacking.

      To have your right enforced, you need the Government's assistance. This is usually due to the Monopoly of Force doctrine, such that the government is the only agent allowed to apply force, and they license application of force to others under some conditions.

      The US Government, and many other Modern Governments, in

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    10. Re:right of disassociation by evilviper · · Score: 1

      Funny. It's like I know about this legal tort called "False Light" that you don't know about...

      No. False Light law still requires inaccurate information.

      LEGALLY, there is no creator who came down and put pen to paper and wrote the Bill of Rights... that was the US government.

      It's not a question of who wrote what. It is a question of the scope of government power. The people have any rights not explicitly taken away from them.

      From there, we go to jury nullification... Then straight to the "Consent of the Governed".

      People without a government don't lack all rights, therefore, it is not government that grants them.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  38. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0, Informative

    The victim was Walter Sedlmayr, born in 1926. Where did you get the "young"?

  39. Re:"WERE killers" or "HAVE killed", not "ARE kille by Hatta · · Score: 5, Insightful

    A young man is walking through a small village one day and decides to stop by a bar and have a beer. He walks into a bar, and sees a grizzled old man, crying into his beer. Curious, the young man sits down and says, "Hey old timer, why the long face?"
    The old man looks at him and points out the window, "See that dock out there? I built that dock with my own two hands, plank by plank, nail by nail, but do they call me McGregor the dockbuilder? No, no."
    The old man continued, "And see that ship out there? I've been fishing these waters for my village for 35 years! But do they call me McGregor the fisherman? No, no."
    The old man continued, "And see all the crops in the farms out there? I planted and have been farming those crops for my village for nearly 45 years! But do they call me McGregor the farmer? No, no."
    The old man starts to cry again, "But you fuck one goat..."

    --
    Give me Classic Slashdot or give me death!
  40. A small difference by sugarmotor · · Score: 1

    The slashdot article says, "German law states that they can't be referred to by name in relation to the killings."

    The New York Times article says, "German courts allow the suppression of a criminal’s name in news accounts once he has paid his debt to society, noted Alexander H. Stopp, the lawyer for the two men, who are now out of prison." Note: it says "in news accounts"!

    Publishing the names "in news accounts" is different from publishing the names in history articles or other.
    But I don't know the laws involved.

    Stephan

    --
    http://stephan.sugarmotor.org
    1. Re:A small difference by itsdapead · · Score: 1

      Publishing the names "in news accounts" is different from publishing the names in history articles or other.

      I can see the front page now:

      Vicious Murderers Released!

      Convicted killers now living within 10km of an Infant School!

      Are they living in YOUR town? See our disturbing Historical Report on page 27...

      That's the problem - there's a difference between having the facts on record and available to anyone who wants to know, and having the popular press whip up a lynch mob. But its hard enough to make a watertight legal distinction even with out teh interwebs coming along and messing up all the old authority structures...

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    2. Re:A small difference by sugarmotor · · Score: 1

      Well, I think wikipedia articles don't count as news. There wouldn't be much argument about that.

      Stephan

      --
      http://stephan.sugarmotor.org
  41. Does everybody have to know about it? by yooy · · Score: 1

    You screwed your wife. Simple fact. Does everybody have to know about it?

    These guys committed a crime. They paid for it. Now they should be able to move on with their lives. Some criminals in the US pay for crimes in a way that they never can get a decent job again. This is not the idea in Germany. Also it is very very difficult in Germany to change your name, unlike in the US.

    Yes, I think they either have a right to not have mentioned their full name or
    at least get a new name to start over. Such an application for a name change would likely be rejected.

  42. Just what I expected... by Anonymous Coward · · Score: 0

    Jimbo Wales is a hypocrite. You cannot, on the one hand, fight against free speech (as he did with the kidnapping of the journalist) but then on the other hand fight for free speech (as he is doing with this German incident.) Speech is either free or it isn't; to cherry-pick moral issues when it suits your interests is the height of hypocrisy.

  43. Holocaust denial illegal , naming killers illegal by technocolor · · Score: 0, Flamebait

    I smell a logical contradiction here.

  44. zxc zv by Anonymous Coward · · Score: 0

    Wolfgang Werlé and Manfred Lauber killed a German actor in 1990

  45. Ooh! Ooh! I wanna play too! by Provocateur · · Score: 1

    My turn: Why not mention their names but not the crime?

    These gentlemen were declared perpetrators of a crime a few years ago, hence their sentence for a crime which shall be unspecified, yet the crime DID decrease the population by one, if that detail interests you.

    --
    WARNING: Smartphones have side effects--most of them undocumented.
    1. Re:Ooh! Ooh! I wanna play too! by icannotthinkofaname · · Score: 3, Funny

      These gentlemen were declared perpetrators of a crime a few years ago, hence their sentence for a crime which shall be unspecified, yet the crime DID decrease the population by one, if that detail interests you.

      And what were the names of these gentlemen?

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
  46. Re:Wolfgang Werlé & Manfred Lauber are mu by Tablizer · · Score: 1

    Oh great, now they'll sue Slashdot also, and then Slashdot will have no money to fix the damned CSS problems and prevent dupes.

  47. A fresh start shouldn't be needed... by Jeff+Carr · · Score: 1

    There could be one serious advantage of everyone's personal dirt being available at all times. Eventually people would have to stop pretending to be so perfect. People make mistakes, and currently as that isn't currently ok with society, everyone spends most of their lives trying to hide those mistakes from everyone else.

    I think that's a larger detriment to us personally and to society as a whole than not being able to hide those things. If all of our dirt was public knowledge, we probably would be a bit more understanding.

    --
    The television will not be revolutionized.
  48. Amen! by SmallFurryCreature · · Score: 4, Insightful

    Enough with the goddamn excuse culture. You want respect, you earn respect. You want a second chance, then PROVE you deserve it first.

    These guys killed someone and now they want the world to pretend it has never happened. Does NOT happen.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Amen! by PCM2 · · Score: 5, Insightful

      Enough with the goddamn excuse culture. You want respect, you earn respect. You want a second chance, then PROVE you deserve it first.

      Yeah, but how are they supposed to do that?

      • By dedicating their lives to hard work ... when they can't get jobs?
      • By dedicating themselves to community service ... when the public views them with mistrust and suspicion?
      • By voluntarily giving restitution money to the victim's family ... when they're broke (see first point)?
      • By joining the army and dying for God and country in the foreign service, far away from the scorn of their fellow Germans ... when they have criminal records?

      If you're going to make them walk around with a scarlet letter 'M' on their chests for the rest of their lives, just what opportunities will they ever have to redeem themselves?

      If the purpose of prison is to reform criminals and give them the opportunity to return to society as productive citizens -- as seems to be the prevailing theory in Germany -- then it is the responsibility of the public to put that theory to the test. You can't send people to prison telling them, "you must reform," then let them out and tell them, "you have not reformed, sorry." One of the fundamental principles of justice in any democratic country is that the accused is allowed to speak up in his own defense, but what you're describing is a sentence from which there is no appeal.

      --
      Breakfast served all day!
    2. Re:Amen! by buchner.johannes · · Score: 1

      Enough with the goddamn excuse culture. You want respect, you earn respect. You want a second chance, then PROVE you deserve it first.

      Um, yeah? They were in prison?

      These guys killed someone and now they want the world to pretend it has never happened.

      No, they just want the rights they have to be applied.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    3. Re:Amen! by Anonymous Coward · · Score: 0

      >>Enough with the goddamn excuse culture. You >>want respect, you earn respect. You want a >>second chance, then PROVE you deserve it first.

      >Yeah, but how are they supposed to do that?
      >By dedicating their lives to hard work ... when >they can't get jobs?

      Hmm? I thought the point was that the German people felt that once the time was served, the murderer has paid his price and been redeemed, and now they should get a second chance?

      Either they believe that, and you can keep the murderer's name in the public record and trust the people to give him a job.

      Or they don't believe that.

    4. Re:Amen! by Anonymous Coward · · Score: 0

      [blockquote]If you're going to make them walk around with a scarlet letter 'M' on their chests for the rest of their lives, just what opportunities will they ever have to redeem themselves?[/blockquote]
      Frankly, that's their problem. If they didn't want to deal with the consequences, then they shouldn't have murdered that guy. No one owes them anything, certainly not a second chance. Any second chance is an undeserved mercy, and they have no right to complain about what form it takes, or how tough things are for them.

    5. Re:Amen! by Anonymous Coward · · Score: 0

      If the citizens feel they should get a second chance then them knowing the facts should not be a problem right. What they will only give a murderer a job if the facts are with held from them? If they are so forgiving why does the knowledge matter?

    6. Re:Amen! by LordLimecat · · Score: 0

      By dedicating their lives to hard work ... when they can't get jobs?

      Neither can the person they killed, and 19 years in prison doesnt change that. Who got the worse end of the deal here?

      By dedicating themselves to community service ... when the public views them with mistrust and suspicion?

      Id say that mistrust is well placed. They already badly abused society's trust once.

      By voluntarily giving restitution money to the victim's family ... when they're broke (see first point)?

      Ever wonder what being dead does to your family's savings (if you were the earner in the family)?
      Honestly, im not clear why we need to treat the murderer like hes the victim here. There is something badly wrong with your sense of justice if you think you should worry about a murder's issues with society trusting him after punishment. Whats next, providing financial assistance for someone that has been issued a fine?

    7. Re:Amen! by ffflala · · Score: 1

      If the purpose of prison is to reform criminals and give them the opportunity to return to society as productive citizens -- as seems to be the prevailing theory in Germany -- then it is the responsibility of the public to put that theory to the test. You can't send people to prison telling them, "you must reform," then let them out and tell them, "you have not reformed, sorry." One of the fundamental principles of justice in any democratic country is that the accused is allowed to speak up in his own defense, but what you're describing is a sentence from which there is no appeal.

      That's not the only purpose of prison; it is the tertiary one. The first purpose of prison is to protect the rest of society. The second (and while in my mind most dubious but in reality most accepted) purpose is to punish bad behavior -- to create suffering in response to suffering created.

      Then comes reform.

      Telling someone "you have not reformed, sorry," is not the same thing as telling people what a person actually did in the past.

    8. Re:Amen! by corbettw · · Score: 1, Insightful

      Yeah, but how are they supposed to do that?

      By working harder than anyone else to have the kind of lives they want. Guess what? Actions have consequences. One of the consequences of murdering another human being is that other human beings will be extremely unlikely to trust you in the future. Don't like it? Tough shit; Werle and Lauber need to stop their whining and accept their fate, which is solely their responsibility.

      It's not my problem if these guys are stuck doing manual labor for the rest of their lives. They've already proven once they're willing to kill. The authorities apparently think there's a low likelihood they'll do it again, but there's a lot of truth in the old joke* that it's a lot easier to kill someone the second time. So yeah, they have to eat shit, as it were, while trying to rebuild their lives. Maybe they should have thought of that before killing their business partner just because he was gay.

      *The joke involves a war vet meeting his daughter's boyfriend for the first time and his attempt to convince the lad to keep his hands to himself.

      --
      God invented whiskey so the Irish would not rule the world.
    9. Re:Amen! by strikethree · · Score: 1

      In clear cut cases of murder, I see no reason why that person should be imprisoned at all. They should be executed quickly and humanely. Yeah, I really believe they should be killed in the same manner that they killed someone else, but, it is not reasonable to have someone commit the same atrocities that the original murderer did. Guillotine, lethal injection, whatever. Get rid of them from this world.

      That being said, the reason why I do not support the death penalty is because of jackass prosecutors and asshole policemen who are certain someone committed a crime and will manufacture evidence to get a conviction.

      Regards

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    10. Re:Amen! by Anonymous Coward · · Score: 0

      Bravo.. my sentiments exact. All the other comments seem to miss the above.

    11. Re:Amen! by Dr+Damage+I · · Score: 1

      If you're going to make them walk around with a scarlet letter 'M' on their chests for the rest of their lives,

      No one is making the murderers Wolfgang Werle and Manfred Lauber wear a scarlet letter 'M'. People are simply exercising their right to free expression.

      Turning this around such that it is not the murderers Wolfgang Werle and Manfred Lauber trying to force someone to comply with their wishes but Wikipedia forcing the murderers Wolfgang Werle and Manfred Lauber to... something, I'm not sure... (I'm pretty sure they're not actually wearing any scarlet letters, unless they choose to) well, it might be cute but it's not really terribly accurate

      .

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
  49. Guilty forever? by Anonymous Coward · · Score: 0

    If a person committed a crime, was judge for it and completed his sentence then it should be clean, and has the right to have its name not be associated with that crime a public site like Wikipedia

    Yes, I know the genie is out of the bottle, no one can control information in internet once it is out, etc, etc.

    if a person is guilty forever, no matter if he has completed his sentence, then that means that there is no redemption whatsoever. We can keep people forever in prison.

    And if there is no redemption what incentive there is to stop crimes

  50. Shoe on the other foot ! Hypocrits by redelm · · Score: 4, Insightful

    This is fascinating -- when the United States [frequently] seeks to have its laws apply beyond its borders [extraterritoriality], everyone particularly the EU objects reflexively: "How dare they? We're a separate society."

    Now some in the EU think its laws should apply to the US. And not just about this, also other issues. Why should anyone in the US, and particularly elements of the [deservedly] much-abused US government give a rats @$$ for such blatant hypocrisy? Surely no-one denies the US is a distinct society!

  51. the nation of G. by jipn4 · · Score: 0, Troll

    Between 1939 and 1945, the nation of G. (*) was responsible for the systematic extermination of an estimated 11-17 million Jews and other minorities.

    (*) Name withheld by request of G. to make re-integration of G. into the global community of nations easier.

    1. Re:the nation of G. by prefec2 · · Score: 1

      Interesting point:
      - Stalin did the same in Russia and depending on what study you trust he even got even more people killed, however he had more time
      - Pol Pot in Cambodia (however he was not able to top it, because there were not enough Cambodian)
      - French merchants delivered slaves from Africa to the USA, were approx 50% losses during the transportation process were acceptable (however I do not know any official number of dead person, because they didn't count so well without Holerith counting devices)
      - The Spanish and Portuguese invaded South America and eradicated many different ethnics and cultures there. They also did not keep count. However it is surely an atrocity.
      - Also the US tried to help the French recolonize Korea where they failed and they tried to establish an US controlled government in South Vietnam. The people didn't like this and resisted. And therefore the US poisoned their country (they did this mainly in South Vietnam and not in North Vietnam which is an interesting fact as well)

      And we could continue this list of state or group driven murder throughout human history. The question is, what makes one more evil than the other? Is it the number of people or dead people divided by time. Or other ridiculous metrics which can help us to shift around blame or point fingers on each other.

      Like: 70 years ago Germans murdered million in Europe and therefore their grandchildren are all murderers too. And they are all guilty.

      Another option would be to start to learn from history, but as long any discussion on Germany includes Nazi Germany this will not happen.

    2. Re:the nation of G. by jipn4 · · Score: 1

      You're completely missing the point. The point is that dealing honestly with its past was the correct thing to do for Germany as a nation, and it is the correct thing to do for individual murderers.

    3. Re:the nation of G. by jipn4 · · Score: 1

      You're mixing up two issues. The first is lessons other nations have learned from the holocaust. Let them worry about that, it's none of your business if you're German. The second is that you correctly perceive that Germans are not treated quite equally yet and that people keep bringing up Nazi Germany.

      People don't keep bringing up Nazi Germany to accuse Germans, they keep bringing it up because nobody knows whether one can really trust Germany again. Has whatever caused German democracy to go off the rails last time really been eliminated from German culture? Is German culture intrinsically proto-fascist, even if the current government is democratic?

      If you want other people to stop bringing up the Nazi era, you need to convince them that German culture itself has changed. Let me tell you that vehemently asserting that the German basic law is perfect and superior to the US Constitution, and that it trumps US first amendment rights is not the way to do that. Actually, that kind of unfounded belief in German superiority probably contributed to the rise of the Nazis in the first place.

  52. violent vs nonviolent crime by AliasMarlowe · · Score: 1

    No I think the idea here is that if you have done the time in jail then you should have the right to a normal life. This is the premise of our entire justice system. I can completely understand that.

    I can understand that they want a relatively normal life. Serving time in prison perhaps covers part of their "debt to society" (or punishment or rehabilitation or whatever you choose to call it). Making their victim whole again is the other part. In a property-related crime, some financial restitution is possible, but not entirely in cases of nonlethal injury caused by deliberate violent assault. Adequate restitution to the victim is not at all possible in cases of murder.

    So, do they deserve their crime to be swept away and forgotten, granting them a normal life? Answer this instead: is their victim alive again? Both questions get the same answer, in my opinion.

    Ask yourself if you were introduced to a person and you found out that they were murderers would you think of them the same way? Probably not and that is the problem and why the German law exists.

    It is not a problem at all. The German law is sensible for many classes of crime (larceny, drunk driving, fraud, bigamy, and so forth). It would arguably make sense for cases of accidental manslaughter in which the perpetrator's intent was not violent. It is utterly repugnant when applied to a crime of deliberate violence which resulted in death, mutilation, or permanent disabling of a victim.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  53. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    Walter Sedlmayr was 64 years old when he was killed.

    I think you mean wolfgangwerleandmanfredlaubermurderedanoldactorin1990.com

  54. Re:Wolfgang Werlé & Manfred Lauber are mu by alvinrod · · Score: 1

    It's a play on a meme concerning Glenn Beck. Here is some back story to it if you're really interested. The most recent episode of South Park (Which you can legally stream online here if you're interested.) does a spoof of is as well.

  55. Case in point by Anonymous Coward · · Score: 1, Informative

    that isn't something you want to come to light later on when said person goes on an office rampage.

    That is exactly WHY German law prevents the public availability of the fact that they murdered someone. What you are proposing is punishing them for their entire lives, even if they are better people now and wouldn't do the crime again.

    Having served their sentence, they should be given a second chance to prove their integrity, and their value to society, by holding a decent job and earning a decent living. If they are ready to turn over a new leaf, attitudes like yours will prevent them from ever doing so.

    What I am really saying is...you will FORCE them back into a life of crime by DEPRIVING them of the chance to earn a living legally, and you will do this out of fear of who they used to be (rather than who they have become). German law is trying to protect them from people like you.

    Yes, I know they killed someone. But they also served their sentence and now they should be given a second chance, whether YOU want to give them one or not.

    1. Re:Case in point by jim_v2000 · · Score: 1, Flamebait

      >they are better people now and wouldn't do the crime again.

      LOL...how can you ever know that? All you can know is that they murdered someone 19 years ago and haven't murdered anyone while they were locked away in prison. You have no idea whether or not they wouldn't do it again, but their past behavior points to them being capable of it.

      >German law is trying to protect them from people like you."

      Maybe German law should focus a bit more on protecting innocent people from getting murdered.

      >Yes, I know they killed someone. But they also served their sentence and now they should be given a second chance, whether YOU want to give them one or not.

      So when does that guy that they murdered get a second chance?

      --
      Don't take life so seriously. No one makes it out alive.
    2. Re:Case in point by mangu · · Score: 1

      they are better people now and wouldn't do the crime again

      Prove it. Prove that German prisons prevent people from committing the same crimes again. The simple fact is that at this point in time no statistics on the prevention of recidivism exist in Germany

    3. Re:Case in point by dunkelfalke · · Score: 1

      Maybe German law should focus a bit more on protecting innocent people from getting murdered.

      It already does - murder is illegal.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    4. Re:Case in point by shutdown+-p+now · · Score: 2, Insightful

      LOL...how can you ever know that?

      I'd rather trust the opinion of the judge (and possibly the jury) who gave them 19 years, and not life sentence, over that of a crazy mob with pitchforks.

      Unfortunately, the mob is still there, which is why laws like this one have some purpose.

    5. Re:Case in point by corbettw · · Score: 0, Flamebait

      Oh well, then I guess no one in Germany gets murdered then. After all, you have to sit in jail for 19 years after killing someone, then you go back to the life you left behind like nothing happened; I can imagine that no one would want to risk having that happen to themselves, so no one would ever brutally murder someone else just because they're gay. Right?

      --
      God invented whiskey so the Irish would not rule the world.
    6. Re:Case in point by dunkelfalke · · Score: 1

      You see, despite all of trigger happy cops, zero tolerance, death penalty, having a huge chunk of the population imprisoned, lax firearm laws and so on the chance to be murdered is way (6.47 times actually) higher in the United States of America than in Germany.

      So either the German laws do work or the German society isn't as fucked up. Either way the current German body of law seems to be sufficient to live safe.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  56. Misconception of prison by bussdriver · · Score: 1, Insightful

    People need to think deeper than just the inherited customs and traditions they were born into. Otherwise, we do not have much hope of progressing as a species. (No, I don't have a positive outlook on our future... and NO, we have not progressed in tens of thousands of years-- take a modern baby and raise them in a "primitive" time and they'd come out no different; no less violent, no less potentially intelligent.)

    Prison is a matter of necessity in SOME cases-- its purpose is to prevent the anti-social members of society from breaking the rules of society. Even primitive pack animals will expel (or kill) a member who is too damaging to the group structure.

    Prison as a punishment is NOT necessary. Unfortunately, social science has not gotten far enough to undo popular cultural BELIEFS... yet. Christian based religions are culturally biased against their own teachings. So one can't expect much change anytime soon.

    Wiping history of the names of criminals is quite foolish for academic and government needs; however, it does make sense to do so for the general populace. People are unfair, judgmental, and quite quite irrational so for a "cured" criminal or "payed up" criminal the knowledge continues to plague them for probably the rest of their lives. A good argument can be made for keeping the general public unaware and having some compassion for the criminal (something americans do not understand; I've likely lost most of them already.)

    Sure, one could say that a pervert needs to be known... but if they are treated as the mental cases that they are; they will NOT get out of the system until they are actually treated - not some meaningless time period in a cage! Its SICK how we use terms like corrections and reformed in a culture that doesn't believe in it. We make it economic-- you PAY your debt to society with time and/or money; like it was a trade. It is not.

    Errors always happen; its human run. If you want to start harming former criminals simply for the sake of potential future crimes you are entering a line of reasoning that easily can be extended into lots of unpleasant areas (and already is.) The reason we have free speech that is near absolute is because splitting hairs always ends up being abused. Therefore, the right to be reformed (ignoring that the public doesn't believe in reform - "can't teach an old dog new tricks") comes into conflict with the right to free speech. Something for some judges to weigh in on time to time...

    I have no direct experience with the system, I know people who have: Childish behavior labeled as adult; mental cases labeled as criminal; untreated pedophiles let free or not even convicted...to repeat it! (as an illness, its much easier to be diagnosed than it is to be convicted. false positives are also not as harmful...)

    1. Re:Misconception of prison by jipn4 · · Score: 1

      Prison is a matter of necessity in SOME cases-- its purpose is to prevent the anti-social members of society from breaking the rules of society.

      Exactly. And someone who, with deliberation and malice, stabs a person to death for monetary gain has demonstrated that there is something so fundamentally wrong with their sense of decency and compassion that I see no reason to ever trust them again. Therefore, they should be removed from human society for life. That's not revenge, it's not punishment, it's common sense when it comes to protecting society.

      I have no ethical dilemma with accomplishing that via the death penalty, except that I don't trust the state to administer the death penalty. So, I think they should be locked away until they can't pose a threat to anyone anymore, i.e., until they are either dead or are demonstrably incapable of harming anybody else. Unlike lesser criminals, in such cases the goal of imprisonment is not rehabilitation, it is to protect society. On the other hand, I do think this should be done compassionately and humanely (unlike our current prison system). The only way for them to re-enter society should be if new evidence proves their innocence, or under truly extraordinary circumstances via a pardon.

    2. Re:Misconception of prison by corbettw · · Score: 1

      These guys killed a human being in cold blood (and rather brutally, if the reports are anywhere near accurate). There's no reason to think they won't do it again. So, why are they walking the streets in the first place?

      Let's be clear: when you end another human's life, especially as horrifically as these two did, there is no "making up for it". At the end of the day, a man is dead after suffering torture and dismemberment. Try thinking more about the victim and less about the assholes who did the deed in the first place.

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:Misconception of prison by Aldenissin · · Score: 1

      And someone who, with deliberation and malice, stabs a person to death for monetary gain has demonstrated that there is something so fundamentally wrong with their sense of decency and compassion that I see no reason to ever trust them again.

      No reason huh? I see a reason, they show no remorse and understanding. Lack of understanding is just ignorance.

        So, lets us say that this person just happens to be able to do great things, and they also just happened to have a lapse of judgment and killed someone. The "common sense" or logical point of view would be to figure out how to actually rehabilitate the individual, otherwise society is worse off in the long run. This is due to missed opportunity of the person to contribute to society, and the cost of the penal and legal system.

      Killers kill and people steal because they do not understand the damage that they do. They may see the outcome, but they are blind to the true total impact to family and society. If they were, and still did the crime, that would mean they truly didn't care and are therefore mentally ill. I feel often this is in fact the case, but I do not believe that drugs are not always the answer, but counseling. I would say I have been mentally ill myself, if but depression. Fortunately for me, society isn't so ill that I didn't turn into my cousins and friends and end up in jail. But then again my health gave me reason to think deeper, so perhaps I am just blessed.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    4. Re:Misconception of prison by gd2shoe · · Score: 1

      Prison is a matter of necessity in SOME cases...

      At a minimum, it is a potential future necessity for most cases. You can very rarely say "this convicted criminal will never need to be incarcerated for a substantial duration."

      Prison as a punishment is NOT necessary...

      The learning process involves rewards and punishments. Prison (as it stands now) is too inconsistent a punishment and has unintended (poorly thought out) social consequences to those incarcerated.

      We need to find something better. Unfortunately, most alternatives I've heard are probably worse. Some alternatives (house arrest, etc) are becoming feasible with technological advancement).

      Wiping history of the names of criminals is quite foolish for academic and government needs; however, it does make sense to do so for the general populace... A good argument can be made for keeping the general public unaware and having some compassion for the criminal (something americans do not understand; I've likely lost most of them already.)

      The place where you lost this American is at "cured criminal". Ideally, the released criminal would be rehabilitated somehow. He would be significantly less likely to commit a crime of the same nature than he was before his first offense. If this was backed up by a very low recidivism rate, I might buy your argument. In the mean time, there are many other reforms that must happen before I'm willing to back your position.

      For the sake of this article, "life in prison" is incongruous with"cured criminal" (except overturned rulings, executive pardon, other edge cases). Being released because the system didn't feel like keeping them (for whatever reason) doesn't constitute "reformed".

      Besides, here in the US, there would be constitutional issues with limiting free speech. Something can only be termed libel if it's actually false. "Sealed records" becomes a gray and uncomfortable area, but could never extend to outright censorship.

      Sure, one could say that a pervert needs to be known... but if they are treated as the mental cases that they are; they will NOT get out of the system until they are actually treated - not some meaningless time period in a cage!...

      That's funny... I'd say the same about most criminals. Granted most are not physically ill, but socially ill (it's hazy where perverts fall here). Note also that there is no generally accepted cure for pedophilia. Those that don't relapse admit that the urges are always there. Hopefully, "cured" is a word that will become appropriate in the future.

      Errors always happen; its human run. If you want to start harming former criminals simply for the sake of potential future crimes you are entering a line of reasoning that easily can be extended into lots of unpleasant areas (and already is.)

      sigh. According to many philosophies, the basis of intelligence is the ability to observe the past and predict the future. Again, if I observed a low recidivism rate (past data) I might reasonably predict the individual to be reformed. The reason we generally want to know is precisely because we anticipate a relapse. These relapses can be triggered by social pressure built up by being ostracized, or they can just happen. It depends on the individual.

      Now, before you think that I marginalize formerly convicted individuals, believe me that I do not. I haven't dealt with many. Those that I have met, I've wanted to be reformed, and have treated them that way*. People tend to emulate the social behaviors around them. I want to encourage them (in admittedly very minor ways) to adopt the values that I have. That's the most important paradigm shift that society needs to make.

      ... Therefore, the right to be reformed... comes into conflict with the right to free speech...

      Ah. An interesti

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    5. Re:Misconception of prison by jipn4 · · Score: 1

      So, lets us say that this person just happens to be able to do great things, and they also just happened to have a lapse of judgment and killed someone.

      In that case, they can be pardoned. But that's very rare.

      The "common sense" or logical point of view would be to figure out how to actually rehabilitate the individual, otherwise society is worse off in the long run

      Utilitarian arguments don't work: given a limited educational budget, we're far better off investing our money in our children than in rehabilitation. The only reason to attempt rehabilitation is on compassionate grounds.

      Killers kill and people steal because they do not understand the damage that they do ... If they were, and still did the crime, that would mean they truly didn't care and are therefore mentally ill.

      That's what "something fundamentally wrong with their sense of decency and compassion" means. Whether you call that "mental illness" or not doesn't matter. Mental illness doesn't automatically exculpate people. Even when it does, it only means locking people up in a mental institution instead of prison. Either way, people can't be trusted. Mental illness, in particular, often has a high probability of recurrence despite treatment.

    6. Re:Misconception of prison by Aldenissin · · Score: 1

      See, I believe in everyone's potential. Pardon's are great for those that demonstrate it, but how about looking to demonstrate it to the ones that committed the crimes?

      Limited budget arguments don't hold water for me. If we seriously thought about education, we could do more for less, and even have it pay for itself. I do believe in investing in children, and I believe in compassion. Everyone makes mistakes, and people will disagree where to draw the line on who to have compassion for. But regardless, lets give everyone a chance at a second chance. Not just throw them in schools for criminals with three hots and a cot.

        If they are truly mentally ill (unable to be capable of understanding the damage done) they should be exculpated. I still say that we should focus on healing them and continue to learn and explore. If they are not mentally ill (capable of understanding the damage done) then educate and help them understand. Until they do, they are a danger to society...

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    7. Re:Misconception of prison by jipn4 · · Score: 1

      If we could magically turn prisoners into nice, well-adjusted members of society, we could let them go. However, we can't, so we keep them locked up because nobody has figured out anything better to do with them.

      Now, what was your point again?

    8. Re:Misconception of prison by Aldenissin · · Score: 1

      If we could magically turn prisoners into nice, well-adjusted members of society, we could let them go. However, we can't, so we keep them locked up because nobody has figured out anything better to do with them.

      Now, what was your point again?

      It doesn't take magic, only the will. Society doesn't want to figure out the solution bad enough, yet.

        It's not that we can't, but more that so far, we won't. There is a big difference. So, in the end my point was, lets stop locking people up as it really only makes things worse than figuring out how to help them.

        Not knowing the answer is an excuse. We need solutions, not excuses. When people have answers, often people don't listen, but instead repeat excuses.

        Perhaps we need to start by looking inside of ourselves. What do you suppose would cause you to want to change your ways? Maybe the answer is not a once size fits all. But just because it isn't, doesn't mean that we shouldn't. Again, expense is just an excuse. If we can go to the moon, we can help criminals want to change... if we want to.

        Criminals are our friends, fathers, brothers, mothers. Putting them in a school 24/7 to learn how to act worse is ... futile.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
  57. Re:Holocaust denial illegal , naming killers illeg by Escape+From+NY · · Score: 2, Interesting

    I was thinking along the same lines. Not that I'm trying to evoke Godwin's Law, but would it be illegal to refer to Hitler by name in relation to the murder of millions of people? How about Himmler, Goebbels, or the rest of that lot?

  58. New names by denbesten · · Score: 1

    Seems to me that it would be much easier and cheaper for the courts to grant them a new name and new identity at the time of their release.

    This would prevent the need for altering historical facts while simultaneously allowing the courts to control the connection between their former criminal past and their new reformed future.

  59. Re:Holocaust denial illegal , naming killers illeg by OutSourcingIsTreason · · Score: 1

    Not at all. The law being discussed exists to protect the identity of Germany's many ex-Nazis. The Holocaust denial law seeks to prevent a repeat of their mistakes.

    --
    "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Mussolini
  60. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    They sound like a law firm.

  61. You by Anonymous Coward · · Score: 0

    Do this.

  62. [citation needed] by mangu · · Score: 3, Interesting

    I'm sure a lot of people will agree with what you say, but that doesn't necessarily make it right. If we knew the solution for crime, crime wouldn't exist. What you are presenting are philosophical arguments mostly, without any objective studies showing they are effective.

    People are unfair, judgmental, and quite quite irrational so for a "cured" criminal or "payed up" criminal the knowledge continues to plague them for probably the rest of their lives.

    Many people would say that a murder is never "paid up", so the criminal should never be forgotten. After all, if he did commit a murder once, what is to guarantee he will never do so again? Who can say the criminal is ever "cured"?

    There's nothing irrational or unfair about people wanting protection from criminals. As long as no one can be sure that the criminal will not commit other crimes, and as long as recidivism among "cured" criminals is so high, we, the honest people, have the right to know who are the people most likely to commit crimes against us.

    A good argument can be made for keeping the general public unaware and having some compassion for the criminal

    I don't see it that way, I don't worry about retribution, I don't think crimes like murders can ever be "paid", no matter what is done to the criminal. It's preventing further crimes I'm worried about.

    Sure, jail isn't perfect, but it's an effective way to keep criminals isolated until they learn how stupid it is to be a criminal. You can argue that it's inhuman, but if someone must suffer, let the criminals suffer, not the innocent who are outside.

    1. Re:[citation needed] by WCguru42 · · Score: 1

      ... as long as recidivism among "cured" criminals is so high, we, the honest people, have the right to know who are the people most likely to commit crimes against us.

      I think one of the key points of bussdriver was that the current system in no way leads to curing the criminal. I happen to agree that sitting someone in a cage for X years does not lead itself to fixing the problem that caused that person to commit their crime. Until we find / implement a method to actually remedy the desire to commit crimes it is necessary for people to know that someone has committed a crime.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    2. Re:[citation needed] by Anonymous Coward · · Score: 0

      Actually, imprisonment helps: the older people get, the less violent they get.

    3. Re:[citation needed] by shaitand · · Score: 1

      "Sure, jail isn't perfect, but it's an effective way to keep criminals isolated until they learn how stupid it is to be a criminal."

      That might make sense in theory but in reality all you are doing is cooping them up with lifetime criminals. Humans adapt to their surroundings. Once you have sent someone to our prison system you turn them into a real convict.

      You use the word criminal like it refers to some sort of vile beast when the reality is that those convicted of crime are ordinary people who have been caught doing something stupid. The kinds of things we are all capable of and all consider.

      I have a fiery irish wife. She knows all my buttons and pushes them, then pushes them some more, and when I'm on the verge of violence she slams them. But at that moment when I'm in a rage so intense only someone I love could have provoked that much emotion in me, I somehow manage restraint and walk away. In my situation you might feel that restraint justifies me judging someone who does not walk away and setting myself apart from them. I do not. Just because I am strong in this one thing, I know how easy it would be to lose control and I know of many other things in which I am not so strong. I have failed. I have made mistakes.

      Because I know I have weakness I do not judge others who make mistakes. There is no easy solution but turning criminals (those who have mistakes and been caught, we would all be criminals if you count breaking the law and not being caught) into hardened convicts definitely is not the solution. Ruining peoples lives for making mistakes is not the solution.

      You are right in one thing though. Punishment for crime should not be about rehabilitation, justice, revenge, or paying debts. It should be deterrent, it should be quick, harsh, and over with once it is done.

    4. Re:[citation needed] by Mr.+Slippery · · Score: 1

      As long as no one can be sure that the criminal will not commit other crimes, and as long as recidivism among "cured" criminals is so high, we, the honest people, have the right to know who are the people most likely to commit crimes against us.

      Recidivism among murderers is quite low -- the three year rate is that 1.2% of those who've served time for homicide are arrested for a new homicide. (That's "arrested", not "convicted".)

      One study in Finland found that all of the repeat murderers in their sample suffered from either schizophrenia or from severe alcoholism combined with personality disorder. So if you want to know who's most likely to commit murder, it might be that knowing who has severe mental health issues would tell you more than knowing who's been to jail.

      And if we knew who has severe mental health issues, maybe we could even, you know, treat them. But I guess that would be socialism or something.

      Sure, jail isn't perfect, but it's an effective way to keep criminals isolated until they learn how stupid it is to be a criminal

      The only thing that people learn in our current prisons system, is how to be better criminals.

      It wasn't always this way. NPR had a great story a few months ago about Folsom prison, once a model institution where almost every man got some job training. The majority of inmates never returned.

      But that was "coddling" criminals -- and it went against the interests of the prison-industrial complex. Now Folsom is overcrowded to three times its design capacity, there are only a handful of classes with waiting lists more than 1,000 inmates long. And 75% of those released will be back within three years.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    5. Re:[citation needed] by Idiomatick · · Score: 1

      Ooo lots of holes.

      ...Many people would say that a murder is never "paid up", so the criminal should never be forgotten...
      Yep and GP argues that is illogical, I'd agree, prisons should not be about revenge.

      ...After all, if he did commit a murder once, what is to guarantee he will never do so again?..."
      I could just as easily argue that people who haven't murdered yet at ticking time bombs. I mean the murders just went off recently they should be good for another 40years or so. Seriously your logic here is very poor. We do have good stats on people that repeat crimes, and if we think they are going to repeat then no we don't let them out.

      ...There's nothing irrational or unfair about people wanting protection from criminals...
      True, that is why we leave em in jail until the authorities on the matter. The people that regularly deal with this person for years in prison. They are the arbiters on whether or not they are ready for rehabilitation. They make much more accurate decisions than the mob.

      And your thoughts are fine and dandy, were you king of Germany I'm sure it'd matter. But you aren't and they came to this decision fairly rationally even if you happen to disagree with it. I don't know how people knowing about a murderer more publicly would really reduce crimes.

      Jail is fine, and the Germans agree. That's why they were in jail. They've been released after 20years because they were deemed fit for society by people much more fit to make that decision than you or I. (BTW, mandatory minimums have been proven to not help, there is even a song about it)

    6. Re:[citation needed] by Anonymous Coward · · Score: 0

      I think the difference lies in the way you see your criminals - I wouldn't have thought this had to be said, but keep in mind they are often little more than 1 bad decision away from being you.

      You ask "what is to guarantee he will never do so again?" and I ask what is to guarantee that you or I won't ever do it in the first place? The answer in both cases is nothing - there is no guarantee, but we can be confident about it given the right circumstances.

      Breaking the law does not remove their humanity and it does not revoke their (apparently inalienable according to US history) human rights. These rights are curtailed as necessary to protect the public, but only that far, and only while the public is at actual likelihood of harm. To punish beyond that is I'm afraid either a vindictive action, or borne out of an irrational fear that devalues humans to the level of a wolf that has tasted blood.

    7. Re:[citation needed] by AK+Marc · · Score: 1

      as long as recidivism among "cured" criminals is so high,

      Recidivism is high because they were convicted. I can't be arsed to find it now, but I've seen a study where the point was innocent people that were convicted end up with recidivism rates similar to those that were guilty. The though being that either going through prison increases the chance of future crimes, rather than decreasing it, or the lack of opportunity after a conviction decreases legitimate opportunities such the illegal ones become more attractive.

      The US prison system is very very broken. It has punishments inside perpetrated by the other inmates with the knowledge of the "system" and without oversight. After all, if they got caught passing a bad check, they deserved to be anally raped regularly, right? And there is no agreement on the point of prison. There are people that think it's punishment. Others think it's a deterrent. Some think it's for segregation of criminals from the general population. And it doesn't actually do any of these well. No one will state what the point of it is beyond untestable things like "justice" (for whom, the state, the victims of the crimes?). But whatever it's supposed to be doing, it isn't doing. And the biggest problem is that no one is sure what the point of prison is.

    8. Re:[citation needed] by bussdriver · · Score: 1

      Citing supporting info does not necessarily make it right either... That's a nothing statement; I can argue "not necessarily" for most topics, even in the hard sciences!

      You don't have much experience with soft science do you? Hobbies of mine, plus I'm quite aware of the philosophy of science. Objective studies? ha. getting a proper test setup and honest numbers is intractable problem in itself. I've worked in government; I see how numbers are skewed for political ends. Compare states, cities, nations? sure- but their populations differ...

      1st we'd have to TRY applying some social science ideas and see what happens-- although even then, economy etc impacts it. Whatever the vice-law policy is going to skew any results (drugs, sex.)

      Sure-- pick MURDER as an example... forgetting that MOST criminals are NOT murders. Lets set up the whole system based upon an extreme case in the minority...

      Good thinking...not!

      Knowing when somebody is "cured" is NEVER going to be solved that well either. I ask you - when does somebody "LEARN THEIR LESSON" by serving X years in prison? How long a punishment is enough to deter crime? You do realize that a HUGE number (if not vast majority) of criminals don't plan on getting caught? You think the USA criminal COLLEGE system produces people who are more or less likely to repeat? My 2 friends who went there instead of college learned a whole lot about crime; 1 went honest, the other got into higher level crime (and disappeared.)

      Your murder example most likely has to be an exception; being in jail for life is probably a reasonable thing to deter people. (you have studies?) Their prison time can be humane and productive; essentially putting a muzzle on them because they may bite others. Some murders are clear mental cases- not likely to ever get out. We have murders who get out in 7 years... some we barbarically execute even though they are innocent (especially in Texas.) So.. we should have a FIX time period in ALL cases? self defense? accidental?

      You think people LEARN from being put in prison? HA!

      I don't mind paying taxes. But I DO suffer higher taxes because we jail more people than any nation on earth. We beat the Police State Iron Curtain USSR years ago. Jail costs more than college.

      You think a schizophrenic should be in jail? I knew one - sometimes he was crazy and someday he might do something; he has drugs that keep him functional; although, he is a potential risk without them. Since he's NOT done a crime he is free-- but after he does one; you'd put in in jail. I'd likely treat him and stick him back out on drugs again. (not talking murder)

      Another point: If somebody kills once how can you logically assume they can kill again?? A Vet may have killed dozens of people...

  63. What's the point? by Anonymous Coward · · Score: 0

    http://upload.wikimedia.org/wikipedia/commons/5/54/US_incarceration_timeline-clean.svg

    Sometimes - even if you kill someone - society must eventually forgive you to some degree. Or you get the linked graph. I understand why someone related to the victim might not want to forgive a criminal, but US society as a whole needs to do a better job. Some of the replies in this thread are just disturbing. If you think you're justified in simply hating everyone who has served time, you're wrong. Just wrong.

  64. Ridiculous by uvajed_ekil · · Score: 1

    If Wolfgang Werlé and Manfred Lauber killed a German actor in 1990, and the court system involves sees fit to let them out of prison now, I can accept that. I think serving less than twenty years for a planned murder is too little, but I am not German. But because I am not German, I can also mention that Wolfgang Werlé and Manfred Lauber killed a German actor in 1990, all I want. Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. At least we are free to state solid facts in the US, like that Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Laws that prevent Germans from saying that Wolfgang Werlé and Manfred Lauber killed a German actor in 1990, and those that prevent many images related to the Holocaust and Nazism, make me wonder if Germany is turning a blind eye to history and may be condemned to repeat it.

    --
    This is a hacked account, for which the owner can not be held responsible.
  65. Re:Flamebait? by Virak · · Score: 2, Insightful

    No, blatantly misrepresenting the concept of freedom of speech in the US, arguing for censorship of the information in the US on the basis of German laws, and making an extremely dishonest comparison between the release of private information like pictures of yourself naked and public information like that you fucking murdered someone is flamebait. The only thing sad here is that you think you actually have a proper argument.

  66. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 2, Insightful

    That story/joke sums it up quite well: When you do things right, no one remembers... do things wrong, no one forgets.

    Most people are not enlightened enough to make the distinction between "did a bad thing" and "is a bad person", and give em a chance to get on with their lives. Sturgeon's Law applies to the human race, also.

  67. Prepare to be judged by ImYourVirus · · Score: 1

    "I am the law."

    --
    Why is common sense called that if it's not common?
  68. Ha! by Anonymous Coward · · Score: 0

    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor
    Wolfgang Werlé and Manfred Lauber killed an actor

    Sue away gurmans! Sue away!

  69. Re:Shoe on the other foot ! Hypocrits by eggnoglatte · · Score: 1

    You do understand the difference between the actions of a few nutcases and the actions of a government, right?

  70. agreement by hey · · Score: 1

    Of course Germany's law don't apply in the USA but there are many agreements between developed countries. Eg WTO agreements

    http://www.wto.org/english/docs_e/legal_e/final_e.htm

    The IP one:
    http://www.wto.org/english/docs_e/legal_e/27-trips.pdf

    I wonder if some of these agreements oblige the USA to cooperate with Germany's laws. Having the entry on the English Wikipedia site is of course visible in Germany.

    1. Re:agreement by planetoid · · Score: 1

      Yeah... we may have agreements, but the Constitution is still the supreme law of the land in the U.S. Good luck with that lawsuit, Germany, go join those litigious Brazilians who were butthurt over a Simpsons episode.

      --
      Slashdot requires you to wait longer between hitting 'reply' and submitting a comment.
    2. Re:agreement by freedom_india · · Score: 1

      Of course No other country's laws apply in US.
      However the reverse is not true.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  71. Moron tries to sue information off the Internet. by alecto · · Score: 2, Insightful

    I think we know how this one's going to turn out for our convicted murderers, [redacted] and [redacted].

  72. Re:Wolfgang Werlé and Manfred Lauber killed a by Antique+Geekmeister · · Score: 1

    It's _because_ of Germany's history. In their desire to "move past" the horrors of the past, they're willing to let some people who committed truly horrific crimes go back to a private life after their jail terms, rather than continue reminding people of the events. This actually makes more sense considering the more recent history of East Germany and the Stasi than of World War I and World War II: there are a lot of people who were under incredible social and political and even economic pressure in East Germany who committed vile acts, and Germany as a whole wants to "get over it".

    I personally think this is foolish: forgetting what cruelties ordinary people can do helps permit them to occur again. (Witness the American prison camps of the Japanese-Americans, and Guantanamo Bay's imprisonment of people without trial or notice to the world of their alleged crimes, and the continuing use of torture by the USA against "terrorists".)

  73. Re:Wolfgang Werlé and Manfred Lauber killed a by Jesus_666 · · Score: 1

    That's because we don't think letting everyone do everything is the solution to all problems.

    You know, we've become fairly peaceful after the war - I still remember the debates when we were pressured into joining the UN forces in the Kosovo and many people considered the idea of deploying German soldiers in foreign countries at least highly controversial. I think that might in part be due to the basic right to human dignity being the very first article in our Basic Law and the foundation on which this country was built.

    And that's the very point here: Even though these people murdered someone they have an inviolable right to dignity. Naming them would violate their dignity in a fairly obvious manner. Thus they are not to be named.

    You're free to disagree but that's what this country was built upon. We're past "an eye for an eye".

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  74. I feel inspired to change my SIG! by Picass0 · · Score: 1, Flamebait

    Suck it, Germany!

    1. Re:I feel inspired to change my SIG! by prefec2 · · Score: 1

      Why should Germany bother with this situation. Just two murderers sued Wikipedia for mentioning their names. First they did this in Germany were the equilibrium between free speech(tm) and privacy is at another point on the scale. And now they try to do the same in the US.

  75. Re:"WERE killers" or "HAVE killed", not "ARE kille by Dr+Fro · · Score: 2, Insightful

    Their victims ARE dead, not were dead or have been dead.

    --
    ********************
    I object to Intellect without Discipline.
  76. Re:Shoe on the other foot ! Hypocrits by Jesus_666 · · Score: 1

    Which is why I (a German, for the record) don't expect the lawsuit over the English article to go anywhere. Yes, they're overstepping their bounds by doing anything but asking. I do endorse their removal from the German Wikipedia but the English one is out of their reach.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  77. No direct references? by fishtorte · · Score: 1

    How something like about this:

    #!/usr/bin/perl
    ($murderer1, $murderer2) = ('Wolfgang Werlé' , 'Manfred Lauber');
    ($guy1, $guy2) = (\$murderer1, \$murderer2);
    print WIKIPEDIA "$guy1 and $guy2 killed a German actor in 1990";

  78. Re:"WERE killers" or "HAVE killed", not "ARE kille by kd4zqe · · Score: 1

    As has been said to me before, "You do good, and nobody remembers. You do bad, and nobody forgets." It all comes down to the face that we are expected by civilized society to act... Well... civil. Being a good citizen and a decent person is to be expected, but anything outside of that norm puts a stamp on you for all eternity.

    "Would you like to know more?..."

    --
    You're not paranoid if they really ARE out to get you...
  79. Respect for other countries' laws? by Anonymous Coward · · Score: 0

    The American defenition of justice seems very much focussed on the victims, and the facilitation of revenge. The decision to try the September 11 suspects in New York as as good an illustration of this as any. How will those men get a fair trial? Frankly, I don't think anyone cares about being fair to these men - it's all about retribution. Why else would you push hard for the death penalty?

    In other countries, we have respect for EVERY life, not just the lives of those that we consider to be somehow pure, because they've not broken one law or another. The ending of a human life by another human is always wrong. It doesn't matter whether the person being killed has themselves murdered throusands of others. No human has the right to end the life of another. Life is valuable - even the life of a convicted murderer.

    The German justice system sentenced these men, and when it was ready it released them. They have served their time, and are now free men. If justice is really to be served, these men cannot continued to be punished once their legal system has determined that they should go free. That would amount to indefinite punishment, and the effective ending of these mens' lives.

    I don't agree with this law, but I understand why it exists, and I respect these mens' right to pursue protection under it. If the German people disagree with this law, it will be changed by their parliament - until then, we must respect it. By making the names of these men publicly available to people in Germany, you are breaking German law. If someone breaks a US law while outside the US, you'll damn sure pursue extradition so that they can be tried under your justice system. This co-operation cannot be one-way.

  80. There's a whole lot of the wrong argument here. by chaboud · · Score: 0, Flamebait

    It doesn't matter if they served enough time in prison. The truly important problem here is Germany's ridiculous attempt to limit the distribution of factual information with the law.

    Germany has a long history of censorship. You can't disparage the president or state, sell pornographic writings, be a nazi, show a nazi symbol, insult someone if it steps over the magical line of insulting human dignity, etc. The very state of Germany's overreaching laws regarding speech insults human dignity.

    Putting loopholes and narrowly-targeted restrictions in the constitution (find a translation of: Grundgesetz für die Bundesrepublik Deutschland) from the start is a sure-fire way to end up with this completely ridiculous legal result.

    1. Re:There's a whole lot of the wrong argument here. by prefec2 · · Score: 0

      There are two rights involved here.
      a) Free distribution of information
      b) The personal rights of a person who do not want to be prejudged just because he made a mistake in the past.

      If you really think that you have to provide every information about yourself on the net, why do you not post your age, your address, your religion and your drug abuses on the net (if any). Putting your crimes on the net would lead to discrimination. And therefor such information has to be removed. The law is not ridiculous. You are in positioning your right of information higher than someone else right to be not discriminated.

    2. Re:There's a whole lot of the wrong argument here. by chaboud · · Score: 1

      Some points:
      1. There is no right to avoid the prejudice of others. Others should be free to make whatever judgments they want about me based on whatever information they have about me. If they use this to affect a matter of public access or curtail my rights, then we as a society may want to step in (avoid racism, etc). If they compel me to provide private information, I have the right to say no, and they have the right to tell me to leave.

      2. Holding back factual information is next to impossible. Something happened, so now we have to go sanitize the records of what happened after someone served a sentence for it? The conviction of a party for a crime is a historical fact, and attempting to hide that fact by finger-waving at public information sources is folly.

      3. The problem isn't the information. It's the discrimination and prejudice that comes afterwards. Perhaps if we were more open, we'd be less inclined to pretend that everyone is squeaky clean.

      30, 100 S. Ashland Ave #208 (same as in AnyWho), agnostic, no illegal drugs, but I have been arrested before. If it's the kind of place that won't hire because of that, I'm not interested in workin' there. It's not like this information can't be had extremely easily. Pretending that we can hide public information is foolish. Pretending that we can hide history is ridiculously foolish.

  81. Re:"WERE killers" or "HAVE killed", not "ARE kille by ChienAndalu · · Score: 1

    If stabbing somebody's kidneys and throat, then smashing the head with a hammer doesn't make you a bad person, then what does?

  82. True Justice comes by our own hand. by Anonymous Coward · · Score: 0

    Fucking murderers, goddamn bullies!!I I hope they get mentioned all the time so as to experience hell on earth and not be able to live a normal life and everyone will know their crimes and they will eventually commit suicide so as to truly pay for their crimes. May all the bullies and the murderers that they become be condemned to be outcast and so die by their own hand from complete and utter shame. A remorseless and utterly deserved disconnection from society with their timely and unremembered deaths as a complete solution to their irresponsibility.

  83. Re:Shoe on the other foot ! Hypocrits by nedlohs · · Score: 1

    You really think two individuals and their lawyer are acting on behalf of the German Government?

    Or you can't see the difference between a government entity seeking to have its domestic laws applied to a foreign jurisdiction, and some random non-government representatives trying the same?

  84. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    He is always young, never gets old :P

  85. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    Yes, you could.

  86. Sure... by Anonymous Coward · · Score: 0

    Oh, oh...
    Someone please send an email to Reporters Without Borders. They made a mistake... Because US respects freedom of speech and press. They ranked US at the 20th position of 2009 and Germany at 18th...

    Hahahaha... Yea baby Freedom of Speech ... not in the US though!

  87. Re:"WERE killers" or "HAVE killed", not "ARE kille by PiSkyHi · · Score: 1

    This has been modded insightful?

    Not only did I piss myself laughing, I am now wondering just how many goat fuckers there really are out there!

    Seriously though, this classic joke makes an eloquent point here that so many miss - passing judgement is how you expect others to judge you, if one does not know the full story, one cannot reasonably expect justice for themselves, as others cannot know your full story either. In a lifetime of many decisions, at different times the decisions may appear polarised, if you haven't been in this situation, you are either a saint or have haven't really learned much in the time you have had so far..

  88. Hello. by Anonymous Coward · · Score: 0

    *Sarcastic clap*

    *clap*

    *clap*

    Fag.

  89. Re:"WERE killers" or "HAVE killed", not "ARE kille by networkzombie · · Score: 2, Insightful

    Actually, no. They story shows the finality of the action. If you murder, you will always be a murderer because there is no way to undo it. If you build a dock, it does not necessarily mean you are a dockbuilder. I've done some plumbing and in no way am I a plumber, and I was nowhere near that goat.

  90. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    That McGregor! Why didn't ye say so? What's with all the "dockbuilding, fisherman, farmer" talk? How is that old goat fucker?

  91. Can the victim pretend that it never happened? by vinn01 · · Score: 1

    It would only be fair if the person that they murdered gets to pretend that it never happened too.

    1. Re:Can the victim pretend that it never happened? by prefec2 · · Score: 0

      So your not part of the modern society. Because otherwise I could not understand that you want to put someone for their crimes in the pillory. They got their punishment. Period.
         

  92. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    the distinction between "did a bad thing" and "is a bad person"

    There is no distinction. By definition bad people do bad things, and bad things are done by bad people. You cannot separate the two concepts, because they are one.

    Good people can not do bad things, because doing so would make them bad, and thus no longer good. Bad people can do good things, but that doesn't absolve them of past bad deeds. History is immutable.

  93. Drastic penalties have drastic side effects by Nicolas+MONNET · · Score: 2, Insightful

    If you happen to commit one murder, and the penalty is the same as for 100 murders, you would be correct in finding it logically desirable to kill every potential witness and their family for good measure, instead of stopping at one victim.

  94. You can tell they've been out of circulation... by vorlich · · Score: 1

    for a longtime. They have obviously never heard of the Streisand Effect.
    (Does it really need a link here? Oh alright then. knock yourself out.
    http://en.wikipedia.org/wiki/Streisand_effect )

    I live here and they have managed to reach out to me over the intraweb. I would never have thought of clicking the "english" button on that German wikipedia page either.
    I know nothing-NOTHING!
    - http://en.wikipedia.org/wiki/Hogan's_heroes

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
  95. But here in the good old USA... by kurfu · · Score: 1

    And here in the good old US of A if you are an 18 year old that gets caught having sex with his 16 year old girlfriend, not only will you do some prison time, but your name will appear on the publicly available sex offender website for the rest of your life.

    1. Re:But here in the good old USA... by prefec2 · · Score: 1

      So you better fly to Germany, where is would be perfectly legal. However, with our new government I am not sure if this stays that way. So take your chances now.

  96. Re:Flamebait? by Virak · · Score: 1

    "A witty saying proves nothing." -- Voltaire

    Not to mention your quote is only tangentially relevant to the slightest bit of my post; you've basically ignored everything. Are you openly trolling now, or are you just incapable of forming a logical argument and thus have fallen back on throwing random quotes and hoping nobody notices you're not really making any sense?

  97. Never Forget by schnablebg · · Score: 1

    We have a saying in the Jewish community specifically about German crimes committed in the past: "Never Forget."

  98. Name change? by the_bean42 · · Score: 0

    Wouldn't changing their names be more effective? I guess it's more fun to sue someone.

  99. Free Speech and other Freedoms by prefec2 · · Score: 0

    The facts are, that two guys murdered someone, they went to jail, they got their punishment. Now after jail they are free men again. And therefor they should be treated as such. People do not want to have pictures of themselves with pants down on the Internet. For good reasons. And for the same reasons the information that you killed someone should not be posted on the net. This would opens a door to discrimination. That they did it, is part of their privacy. And in certain contexts (e.g. working for the state) they have to provide a "certificate of conduct".

  100. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    Careful, they might just kill you, since they're killers and all. They being Wolfgang Werlé & Manfred Lauber.

  101. No Reason to Argue by Anonymous Coward · · Score: 0

    I am lost with this debate - Since I am not writing this in Germany, I break no law by mentioning their name as murderers.
    If you are in Germany, only write their names if you are willing to break the law, and potentially pay the consequences.
    What is so hard to understand?

  102. Re:Holocaust denial illegal , naming killers illeg by prefec2 · · Score: 0

    Get your nose examined. Really there is a big difference between these two things. Why do you want to put them on the pillory for a crime their already got their punishment. And we as a society should not try to indulge us in vengeance.

  103. just like in germany by Anonymous Coward · · Score: 0

    you can't sympathize with hitler or you go to jail. can we not have freedom of expression now?

  104. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    the distinction between "did a bad thing" and "is a bad person"

    There is no distinction. By definition bad people do bad things, and bad things are done by bad people. You cannot separate the two concepts, because they are one.

    Good people can not do bad things, because doing so would make them bad, and thus no longer good. Bad people can do good things, but that doesn't absolve them of past bad deeds. History is immutable.

    If this is true, then the concepts of "good" and "bad" people are meaningless, since there are no good people.

  105. ENGLAND IS NOT A NATION. by Anonymous Coward · · Score: 0

    The nation to which you refer is either the U.K. or Great Britain. England is not a nation. Call certain people from Northern Ireland, Wales or Scotland "English" in person and you'll be nursing a bloody nose.

  106. Megan Laws by Anonymous Coward · · Score: 0

    In the US convicted child molesters (among other "sex offenders") are put on a list of names available to anyone so that parents can be warned that sex offenders live in the neighborhood. Given that precedent there is no chance they can prevail in US courts about a murder conviction. No lawyer should have even taken the case.

    1. Re:Megan Laws by Anonymous Coward · · Score: 0

      Yes. Its interesting to point out that the United States cares a lot more about its victims than its criminals. Which is why something like this would never happen in the United States, regardless of the 1st amendment violation which makes any kind of lawsuit against wikipedia over this dead on arrival.

  107. Re:Shoe on the other foot ! Hypocrits by Anonymous Coward · · Score: 0

    No he does not. And obviously he does also not understand that there is a difference between, applying US copyright and patent law to the rest of the world and the right to be not discriminated for past crimes. They have been punished, they are free men again. To put them in the pillory for the rest of their lives is not right.

  108. *** Don't read in Germany !! *** by Anonymous Coward · · Score: 0

    Adolf Hitler killed 6 million Jews.

    1. Re:*** Don't read in Germany !! *** by Anonymous Coward · · Score: 0

      More like 600,000 Jews, but yeah that's still 599,999 too many (that Schmuel Herschel-Weisenbaum guy was a fucking asshole and he diddled children, if anyone deserved the oven it was him)

    2. Re:*** Don't read in Germany !! *** by sugarmotor · · Score: 1

      But was never convicted and never went to prison and never was released from prison either!

      Stephan

      --
      http://stephan.sugarmotor.org
  109. Re:Wolfgang Werlé & Manfred Lauber are mu by Anonymous Coward · · Score: 0

    If they, Wolfgang Werlé & Manfred Lauber, don't like it they (Wolfgang Werlé & Manfred Lauber ) can sue me.

    ... or kill you.

    Incidentally, do you also know the name of their victim?

  110. Re:Shoe on the other foot ! Hypocrits by redelm · · Score: 1

    What difference? The govt ususually are wor _wort_ nutcases!

  111. Re:Shoe on the other foot ! Hypocrits by redelm · · Score: 1
    Correct! I cling to the outdated notion of govt "for the people and by the people". In particular, that no govt has more rights nor powers than the people have delegated it. And certainly no greater legitimacy.

    If you consider a government somehow "greater" [justified, moral] than individuals, you have therby circumstribed and limited freedom to some "allowed" territory.

  112. Re:Wolfgang Werlé and Manfred Lauber killed a by Anonymous Coward · · Score: 0

    And that's the very point here: Even though these people murdered someone they have an inviolable right to dignity. Naming them would violate their dignity in a fairly obvious manner. Thus they are not to be named.

    Germany, where you don't have an inviolable right to your own life, but your killers have an inviolable right to their dignity.

  113. Leave it to a German by Anonymous Coward · · Score: 0

    Leave it to a German to want to re-write history. You can't ignore what happened by simply not mentioning it. The murder is a fact.

    They really got off pretty light with such a short sentence. Does that mean one of the victim's relatives could murder one of these clowns and get the same sentence? If so, go for it!

  114. allowed to change name by law by Anonymous Coward · · Score: 0

    once sentence done, change identity to avoid wikipedia article

    this only makes them more vulnerable, and they are now stigmatized as mean suckers even after their sentence

    Net result:
    Lawyer (true ass) has screwed their life even more. Poor chaps!

  115. Re:Shoe on the other foot ! Hypocrits by nedlohs · · Score: 1

    Then your an idiot because that has nothing to do with the point.

    There is a difference between a German citizen trying to get something removed from a US based internet site and the German Government doing so.

    It's got nothing to do with "for the people and by the people". It's got to do with the fact that free people are allowed to things that their government's disagree with. So holding a government accountable for such actions is retarded.

    You have it completely backwards.

    If a government does something, then yes you can hold the people (let's ignore dictatorships and so on) accountable - since they elected them.

    But if an individual person does something, you can't hold the government accountable - you are allowed to dissent in a free country after all.

    Or are you arguing for a system in which the people can only do and say things pre-approved by the government?

  116. Names by frozentier · · Score: 1

    Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Wolfgang Werlé and Manfred Lauber killed a German actor. Wolfgang Werlé and Manfred Lauber

  117. Re:Wolfgang Werlé & Manfred Lauber are mu by BluBrick · · Score: 1

    maybe time to register:

    wolfgangwerleandmanfredlaubermurderedayoungactorin1990.com

    Curious if you could register the .de counterpart.

    Can you imagine how long that would be in German?

    INCONCEIVABLE! (Yes, that word does mean what I think it means.)

    --
    Ahh - My eye!
    The doctor said I'm not supposed to get Slashdot in it!
  118. What if they lock the wikipage? by sugar+and+acid · · Score: 1

    I am not a german lawyer (IANAGL). But essentially the law is saying you can't make new publications refering to the names of the released prisoners after they are released. But it was OK to publish this when they were in jail or being prosecuted.

    Therefore every publication published before they were released were legally able to publish their names and assuming that there is no requirement to destroy said publication, which would be very Orwellian, then all the information can stay out there in libraries etc.

    Obviously everything outside of germany doesn't have to comply, but the german wikipedia can just show a static locked version of the offending page from before the two murderers were released, as it is then not a new publication.

  119. Re:Shoe on the other foot ! Hypocrits by redelm · · Score: 1
    No! I see very little difference between govts (just another group with monopoly of initiating violence) and individuals. I would not hold people responsible for the actions of their govt unless they supported or agreed with them. Likewise the actions of private individuals.

    I suspect there is a great deal of private German support (or even clandestinely within their govt) for the suit. Such as do are responsible.

  120. Reducing Recidivism vs. Punishment by Anonymous Coward · · Score: 0

    It may be in your own best interest to care. The inability to get a steady job is one of the single biggest causes of criminal recidivism in the U.S. If the case could be made to you that you significantly reduce crime by not knowing about criminal records, would you be in favor of that societal change?

  121. Can't mention their names eh? by pookemon · · Score: 1

    Does this mean that the names of all those found guilty at Nuremberg have to be removed from wikipedia? Or does it only apply after a certain date - and not if they were hanged. What a stupid law - an pure example of lets protect the murderer (whether or not they have "served their time" they are still murderers).

    --
    dnuof eruc rof aixelsid
  122. Re:Shoe on the other foot ! Hypocrits by nedlohs · · Score: 1

    So you are declaring europeans hypocritical because 3 individuals did something that other europeans have complained about others doing in the past?

    Because you have some suspicions about the thoughts of others?

    OK then.

  123. So wait, do they burn the old newspapers? by Anonymous Coward · · Score: 0

    So, without something like Wikipedia, do you have to go out and burn old newspapers - or perhaps excise the names from old copies of the papers?

    It seems insane to think that one would have to go backwards and remove past references to the crimes, the trial, the conviction, the sentence etc to comply with the law. Consequently if the Wikipedia reference was created prior to their release, it likewise should not have to be edited unless old newspapers, television broadcasts and the like should have to be destroyed or edited.

    It seems crazy to be unable to refer to the fact that someone was convicted of the crime, to me personally. It is a fact. Recorded in newspapers, TV etc. While I disagree with the German law, it is their own right to be stupid in their own country. Applying that elsewhere though would be more insane.

  124. murderers should be put to death. period. by Anonymous Coward · · Score: 0

    they should be killed on the spot by anyone who meets them. only right thing to do with murderers

  125. wow! by WeeBit · · Score: 1

    They served 15 years, and now they are back on the streets?

      Google Results 1 - 10 of about 21,300 for Wolfgang Werle and Manfred Lauber... and climbing!

    Keep up the good work! /weebit grins

  126. What an insane law by JerryLove · · Score: 2, Interesting

    Does it require that we go around the world with a black marker redacting their names from all those printed newspapers from before they serve their time? How would you like to make everyone just "forget" as well?

    I suppose I understand Germany's position: they did their time, you aren't allowed to punish them more, but just *change their actual names*. It would be *much* easier than trying to put the genie back in the bottle.

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  128. Re:"WERE killers" or "HAVE killed", not "ARE kille by Idiomatick · · Score: 1

    "Murderers should very well learn to live with the consequences of their actions"

    And I thought that's what 20 years in prison was for. If you don't intend to let them rehabilitate and reintegrate what is the point of them learning from their mistakes. You might as well just kill them, save them the trouble.

  129. Re:Wolfgang Werlé & Manfred Lauber are mu by graphxks · · Score: 1

    Instant and total #1

  130. What a ridiculous law. by Nomad_Tech · · Score: 1

    They may have served their time, but that doesnt change the fact that they killed someone.

    1. Re:What a ridiculous law. by Anonymous Coward · · Score: 0

      That doesn't give society the right to ridicule them for the rest of their natural lives. The fact that they did do the time means that they've already put up with the scrutiny that goes with punishment. Shut up and show some respect.

  131. Yes actually. by ifwm · · Score: 1

    "Now, the question is, should anyone (such as potential employers) be able to Google their names and get a Wikipedia article naming them as murderers as the first hit?"

    Yes, actually, welcome to America.

    You probably won't enjoy the Freedom of Speech we have here, but we do.

  132. But you do... by tjstork · · Score: 0, Troll

    When you let murderers go free, and you protect them, essentially, that is still state sponsored execution of the murder victim. There's no "I didn't kill anyone choice". If you let the murderer walk, and you protect that murderers life, you essentially legalize murder.

    --
    This is my sig.
    1. Re:But you do... by jopsen · · Score: 1

      No offense, but where I live such logic would be great material for a comedy show... :)

      On topic: nobody is talking about letting murderers go free, we're talking about not killing them...

  133. Rehabilitiation doesn't work. by tjstork · · Score: 1

    Most Americans have been socialized in a culture of punishment, not rehabilitation
    Rehabilitation doesn't work. It's been tried, but, it doesn't work. Once you do some things, walk through certain doors, there's no closing them again.

    --
    This is my sig.
    1. Re:Rehabilitiation doesn't work. by shutdown+-p+now · · Score: 1

      Rehabilitation doesn't work. It's been tried, but, it doesn't work.

      That's a bold claim.

      Can we settle on "rehabilitation work for some people, but not others"?

      Note also that I said "people", not "crimes". Sure you can rehabilitate a murderer - if it's, say, a guy stabbing his girlfriend in a frenzy after 2 hours of verbally thrashing each other. He most likely didn't want to do it in the first place, and would watch his step very, very carefully in the future. But if you take another guy who, say, killed several people in cold blood for money - yeah, I would be very skeptical about any claimed "rehabilitation" of such.

      In any case, punishment doesn't really work either. There used to be a time when making counterfeit money was punished by boiling alive in oil - and it didn't stop people from trying.

    2. Re:Rehabilitiation doesn't work. by Opportunist · · Score: 1

      Rehabilitation does work. If it's done sensibly and seriously. If the people who should put it into reality already approach it with the conviction that it is doomed to fail, it will fail. Every single time.

      Also, it does not always work. There are people who fit the example you describe perfectly. They cannot be reintegrated into society, and they also have no desire to. For them, it would be best if they were held in prison (well, not for them maybe, but certainly for society). But way more do want to return, and they're working hard to achive this goal. It does take a lot of work, though. On their side, but also on the side of those who try to help them find their way back.

      There are people who want to get out of the swamp, though. And as the old saying goes, it's pretty hard to drag yourself out. At the very least, I'd lend them my rope and anchor it so they have a way to get out if they are willing to pull hard on their end.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  134. Re:"WERE killers" or "HAVE killed", not "ARE kille by ifwm · · Score: 1

    Because people like you are stupid?

    You kill once, you're a killer. It's patently fucking ridiculous to argue about tenses.

  135. German concept of dignity by ffflala · · Score: 1

    I get that German law considers prison as primarily reformative, and has an affirmative respect for human dignity in its basic law, but I still think this law gets the balancing wrong.

    From what I understand the concept of dignity applies as much to the deceased as it does to the living --Klaus Mann in the Mephisto case (http://books.google.com/books?id=sHZfkgxtoZQC&pg=PA301&lpg=PA301&dq=mephisto+case&source=bl&ots=BmWa0DHtk4&sig=n-E3ZqS_0NJ-mTOFr9Etr2L2JTM&hl=en&ei=qZf_SsSQJJHJlAejz4SMCw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBQQ6AEwAA#v=onepage&q=mephisto%20case&f=false)

    To command that all references to a victim's killers be scrubbed seems to interfere with the deceased's right to dignity. Denying the holocaust is a crime in Germany because it disrespects the suffering of the victims; this law allows these murderers to deny their own crime.

    If Germany wishes to protect their rights to move on, gain employment, and be free from harassment, they can do so by less restrictive means than by commanding that others never mention the past, in public, in too specific a level of detail.

  136. Re:Flamebait? by ifwm · · Score: 1

    Luckily, you're not smart enough for people to care what you think.

  137. He meant whole life tariff, post is not insightful by ifwm · · Score: 1

    But he meant whole life tariff.

    Which the EU absolutely does do.

    But you ASSUMED he meant the death penalty, which says a lot about your own ethnocentrism and egotism.

    You will, of course, never admit you erred.

  138. I should be given a chance not to be murdered. by Anonymous Coward · · Score: 0

    This will require that I know who these two crazy fucks are.

  139. are you all trolling? by Anonymous Coward · · Score: 0

    I'm completely amazed at how many of you think these murders shouldn't have spent the rest of their lives in jail.

  140. Oops. by Anonymous Coward · · Score: 0

    Looks like they got a lot more people to sue now than just Wikipedia. Hope they get good rates from those lawyers.

  141. No, but you obviously are. by Anonymous Coward · · Score: 0

    It's a German court decision, not an international decision. The particulars of the case were obviously looked at and closely examined, and they determined that these guys should be able to live in society again, although they are probably carefully watched by the police, which is fairly typical of anyone that's been released from prison. Blanket, blind decisions simply don't work, they never have. They always lead to corruption and cause more problems than they solve.

  142. The Grauniad by _Shad0w_ · · Score: 1

    The Grauniad in the UK amused me; they didn't mention their names or publish a link to the article, because it's also published in Germany. They did carefully give you all the information you needed to go and look it up on Wikipedia yourself (specifically they gave you the name of the victim).

    --

    Yeah, I had a sig once; I got bored of it.

  143. Silence! by balaband · · Score: 1

    I kill you!

  144. Re:"WERE killers" or "HAVE killed", not "ARE kille by blind+biker · · Score: 1

    And I thought that's what 20 years in prison was for. If you don't intend to let them rehabilitate and reintegrate what is the point of them learning from their mistakes. You might as well just kill them, save them the trouble.And I thought that's what 20 years in prison was for. If you don't intend to let them rehabilitate and reintegrate what is the point of them learning from their mistakes. You might as well just kill them, save them the trouble.

    Wait; so in your opinion, not forgetting one's murderous past is the same as executing them? Your brain must be composed of a single neuron, if you can only think in terms of 0 or 1. Everything or nothing. Basically, you have the intellectual capacity of an amoeba.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  145. Re:"WERE killers" or "HAVE killed", not "ARE kille by Idiomatick · · Score: 1

    Hey! Amoeba can have up to 700billion base pairs in their genetic code while humans only have 3billion. How dare you insinuate they are simple.

    But yeah I was being a bit emotionally charged, my bad.

  146. What Noam Chomsky would observe about this thing by dvorakkeyboardrules · · Score: 1

    "It's extremely important to preserve freedom of speech, and not to grant the state the right to determine what is or isn't said. A sometimes conflicting right is privacy and protection against verbal or other forms of violence. Once the state is granted the right to prevent speech (writing, songs, etc.) that it claims might precipitate harm, we're on a very dangerous slope. That's why the Supreme Court, in 1969, finally reached the standard of protection of speech that was proposed during the Enlightenment (and I believe may be unique to the US): speech is protected until the point where it is part of imminent criminal acts. So if you and I go into a store to rob it, you have a gun, and I say "shoot," that's not protected speech. How far should it go? Very delicate questions, and my personal feeling is that one should err on the side of restricting state power, as a general rule."

  147. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    It's a sheep not a goat. Didn't you notice the 'Mc' prefix on the last name?

  148. Back to Society - the way not to make it by Anonymous Coward · · Score: 0

    All these people who think people who have served their time in prison haven't sufferered enough or something, are afraid they are going to commit more crimes, and refuse to treat them as normal people or have anything to do with them, consider this. The most efficient way to make sure these people WILL commit more crimes and become more dangerous to the society and to all of you than they already are, is by denying them the normal life after they have served their sentances. No, by making them lawful citizens again won't bring back the victim(s), but neither will eternal revenge and hatred. What's done is done, punishments have been addressed and served. What more do you want?

    Now the ONLY rational thing to do is to try and make sure more won't come along. The best way to make this happen is to make these former criminals be a part of the society again, working, paying taxes and so on. You can't keep them in prison forever, it would be more out of your pocket than releasing them. Make THEM work again, make the contribute. And by giving them work and a normal life in atleast some sense, you give them purpouse, to continue to be productive, maybe even happy, and essentially: OUT of crime. This is the key. If you openly hate them, discriminate them, show in every way that you would rather have them dead than anywhere near you, what's there really to stop them from going back to what they were, what in some way DID give them some purpouse and meaning to life when everything else failed?

    You want to make your society more safe and more productive, you make sure these former criminals don't have a reason to do the things they did, again. By denying them any right to have their lives back and treating them like garbage, you make SURE they won't be doing it, and as a side effect, they might take another life for that. It's your choice too. They did their time. No number or your bitterness will bring anybody back from the dead. It'll just cost you.

    1. Re:Back to Society - the way not to make it by Anonymous Coward · · Score: 0

      you're a fucking idiot. there's not one good reason someone should be able to brutally murder someone and then be let back out into society to live a normal life. leave the fuckers in jail or put them down.

  149. Nice... by Anonymous Coward · · Score: 0

    The accused were sentenced to life in prison and were later released on parole. Glad to see the US and Germany have something in common.

  150. This page is loading sluggishly by smagruder · · Score: 1

    I know this is off-topic, but this page on Slashdot is loading very slowly using either Firefox 3.5 or IE8. It appears to have something to do with JavaScript. Firefox indicated this as it kept asking me to continue loading scripts. And IE8 switched me into compatibility mode -- something I've never seen occur on any other site I visit (and I visit many, many sites).

    What's going on?

    --
    Steve Magruder, Metro Foodist
  151. redemption is possible by circletimessquare · · Score: 1

    but redemption should be considered on an individual basis, not a societal basis

    in other words, i'm will to give these guys a chance to be considered redeemed, but i'd like to be the one giving that redemption on my own terms, not on society's terms, if i ever interact with these guys

    therefore, i'd like to know their past. having that knowledge does not mean i will automatically condemn them forever. i know it was a long time ago, and i am willing to give them fresh consideration. but i'd like to be the one doing that

    so why does the german law assume german citizens are eternally condemning? why doesn't the german law assume that german citizens are open-minded and fair-minded and able to consider redemption on their own basis?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  152. Re:"WERE killers" or "HAVE killed", not "ARE kille by AK+Marc · · Score: 1

    Wait; so in your opinion, not forgetting one's murderous past is the same as executing them?

    In my opinion, a life sentence and a death sentence are the same, the question is just how long they are behind bars before they die. And anything that follows them around the rest of their life is a life sentence. You don't give them a chance to reintegrate, so why bother releasing them? Either keep them behind bars until dead, or let them out and give them a fighting chance. Letting them out and having them restricted from actually re-entering society is worse for society than keeping them locked up. As for what they'd prefer, if you cared, you would have given them a clean slate to start from, so we know that part doesn't matter.

  153. Re:"WERE killers" or "HAVE killed", not "ARE kille by lennier · · Score: 1

    "WERE killers"

      I'm not sure they were in wolf form at the time, though.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  154. P Money by Anonymous Coward · · Score: 0

    Wikipedia has blocked editing of a sex offender because he was given name suppression in New Zealand.

    This was removed from the page:
    Career Controversy

    In March 2009, Peter Wadams was involved in a late night incident following a concert in Wellington. Two young women asked to kiss his cheek and Wadams led them up an alleyway, pulled out his penis, and told them to "kiss my balls". The court heard that Wadams grabbed the victim's head and forced it down to his crotch. The victim felt Wadams' penis on her cheek and moved her head to stop it entering her mouth.

  155. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    You went to school twenty years ago? Then you're still a pupil, appearantly.

  156. Re:"WERE killers" or "HAVE killed", not "ARE kille by blind+biker · · Score: 1

    Wow, I didn't expect this. You're proving to be a person with quite a bit of self-confidence. Good for you! I take back what I said about you (and the amoeba).

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  157. Re:"WERE killers" or "HAVE killed", not "ARE kille by harmonise · · Score: 1

    +5, Insightful.

    --
    Cory Doctorow talking about cloud computing makes as much sense as George W Bush talking about electrical engineering.
  158. Re:"WERE killers" or "HAVE killed", not "ARE kille by Anonymous Coward · · Score: 0

    wow, you're too stupid to exist. please kill yourself.

  159. Retarded much? by TheMaTrIxBEL · · Score: 1

    Erm, by that legal logic, Hitler shouldn't be mentioned by name when talking about the holocaust either, considering he endured his punishment (DEATH). What kind of retarded law is that!

  160. Germany is dangerous. by jonadab · · Score: 1

    > Now that they are out of prison, German law states that they
    > can't be referred to by name in relation to the killings.

    Great. I find new reasons to be worried about Germany every year.

    We are talking about historical facts here, and the censorship thereof. That's *scary*.

    On a related note, Germany also still restricts political speech. Apparently in the last hundred years of history they have learned... nothing. Germany tops my list of "most likely countries to cause World War III", not because there aren't plenty of other governments this retarded, but because the others are all located in third-world countries. Germany is a major western post-industrial economic powerhouse, and that makes their backwardness on this issue (freedom of political speech) very dangerous.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  161. Give a nod to The Schwartz (reporter) by cuberat · · Score: 1

    Nice touch by John Schwartz, the NYT reporter, and his editors. Notice how after being specifically asked not to name the perps he went ahead and made them the lead? Now they are the first lines of a story in a major paper of record and will even appear in the abstract of the article, and every archive search to come!

    --

    I'll tell you what the 'effect' is! It's pissing me off!

  162. Ah, illiterate, kill thyself by ifwm · · Score: 1

    "The word "buried" must have made me biased. I think you might have a reading comprehension problem."

    SO, keeping them in prison until they die of old age won't result in them being buried?

    Oh, it will, And that's what a whole life tariff is.

    God, you must be so embarrassed being wrong twice AND calling someone out for thier reading comprehension when it was your own lack of intelligence that caused you to say something stupid in the first place.

    Your apology is accepted in advance.

    I really do enjoy these moments, when an asshole like you gets shut the fuck up after shooting off his dicksucker, it's very satisfying to know not only that I'm right, but that you're completely wrong, and better yet, KNOW YOU ARE WRONG, hence your pathetic attempts to flame me.

    I love owning you.

  163. Re:Flamebait? by ifwm · · Score: 1

    "Says the person without a +1 karma bonus..."

    Says the person without intelligent input...

  164. Because sueing wiki will hush things up by RivenAleem · · Score: 1

    Did nobody think to tell them that attempting to sue Wikipedia to remove their names was likely to plaster their names over the entire interwebs?