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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.'"

122 of 859 comments (clear)

  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 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.
    2. 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
    3. 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.
    4. 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.

    5. 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.
    6. 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.
    7. 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.

    8. 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.

    9. 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.

    10. 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... :)

    11. 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
    12. 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
    13. 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.

    14. 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.

    15. 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
    16. 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
    17. 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.

    18. 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?

    19. 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
    20. 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.
    21. 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.

    22. 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
    23. 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.

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

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

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      404: sig not found.
    25. 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
  2. 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 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.
    9. 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.

    10. 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?

    11. 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?

    12. 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.

    13. 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!

    14. 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.

    15. 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
    16. Re:Bubby? Is that you? by i_liek_turtles · · Score: 2, Informative

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

    17. 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.

    18. 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."
    19. 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.
    20. 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.
    21. 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.

    22. 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?

    23. 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.

    24. 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?

    25. 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.

    26. 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."
    27. 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.

    28. 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)
    29. 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
    30. 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.

    31. 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

    32. 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.

    33. 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".)

    34. 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.

    35. 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.
    36. 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
    37. 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.
    38. 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!

  3. 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
  4. Cause and Effect by _Sprocket_ · · Score: 2, Funny

    Less Hasselhoff, more Streisand.

  5. 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 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.
  6. 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
  7. 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"
  8. 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.
  9. 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.

  10. 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 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?

    4. 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.
    5. 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. . . .
    6. 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
    7. 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?

    8. 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.

    9. 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?

    10. 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
    11. 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
    12. 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.

    13. 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)
    14. 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.
    15. 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.

  11. 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.
  12. ...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").

  13. 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.

  14. 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.
  15. 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.

  16. 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;
  17. 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.
  18. "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.

  19. 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.
  20. 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.
  21. 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.
  22. 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)
  23. 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.

  24. 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!
  25. 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
  26. 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!
  27. 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!

  28. 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.
  29. 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?

  30. [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.

  31. 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.

  32. 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.

  33. 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].

  34. 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.
  35. 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.

  36. 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.

  37. 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
  38. 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.

  39. 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.