Es scheint immer wieder Leute zu geben, die den Versuch unternehmen, klebrig-süßen Honig in die Spenderdose zurück zu drücken.
German Convict Seeks to Censor Wikipedia
October 27, 2009
Sender Information:
Sent by:
Stopp & Stopp
Germany
Recipient Information:
General Counsel's Office
Wikimedia Foundation Inc.
Sent via: fax and mail
Re: W. Werlé ./. Wikimedia Foundation Article "Walter Sedlmayr" in the English Version Wi
STOPP & STOPP
ANWALTSKANZLEI - ATTORNEYS-AT-LAW
[private]
www.stoppandstopp.com
By facsimile (001-415-882-0495) and registered mail -
Wikimedia Foundation Inc.
att: General Counsel's Office
[private]
October 27, 2009
Our reg. no: 849/09
W. Werlé ./. Wikimedia Foundation
Article "Walter Sedlmayr" in the English Version Wikipedia
Dear Sir or Madam:
We are acting on behalf of Mr. Wolfgang Werlé, Erding, Germany.
The German language version of Wikipedia has in the past mentioned our client as the murderer of Mr. Walter Sedlmayr, a well-known German actor. The English version of Wikipedia now still as of today identifies our client as Mr. Walter Sedlmayr's murderer.
Our client has served 15 years of his life sentence for murdering Mr. Sedlmayr in 1990. He has been released on parol [sic] in August of 2007. His rehabilitation and his future life outside the prison system is severely impacted by your unwillingness to anonymize any articles dealing with the murder of Mr. Walter Sedlmayr with regard to our client's involvement.
As your article deals with a local German public figure (such as the actor Walter Sedlmayr), we expect you are aware that you have to comply with applicable German law.
German law provides that our client is not a public figure after many year have passed [sic] since the crime. The German courts including several Courts of Appeals, have held that our client's name and likeness cannot be used any more in publication regarding Mr. Sedlmayr's death (cf. e.g. Nuremburg Court of Appeals Judgment dated December 12, 2006, File No. 3 U 2023/06, published in Magazindienst 2007, 313-31,OLGR Nuremberg 2007, 227,ZUM-RD 2007, 133-134 and Court of Appeals Frankfurt, Judgment dated February 6, 2007, File. No. 11 U 51/06).
Our client is currently litigating against you in the trial court of Hamburg (file no. 324 O 740/07).
We therefore ask you to sign the attached cease and desist declaration, which is a binding commitment under German law. In case you do not sign the cease and desist declaration, we are authorized to pursue all available remedies against you.
You are also obligated to pay for our client's attorney's fees under applicable German law.
Please, notice that we will pursue all legal remedies unless your legally binding commitment not to identify our client as Mr. Sedlmayr's murderer is received here by or before October 30, 2009.
Sincerely yours,
Dr. Alexander H. Stopp
Rechtsanwalt
Enclosure: Commitment for cease and desist (sample only)
Halten wir also fest, die Anwälte klagen beim berüchtigten Gericht in Hamburg, auf daß die englische Wikipedia Mr. Wolfgang Werlé nicht mehr als Mörder bezeichnen darf, weil das seiner Resozialisierung schadet. Dem Chef oder der Chefin des Vereins werden fürchterliche Sanktionen angedroht. Oha.