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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.'"
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.
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.
What does the EU have to do with anything? It's a German law, not an EU one.
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.
Germany is in EU, we don't execute people here... Personally I would find that sort of behavior rude... :)
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