Cryptophon - Naming Controversy

Naming Controversy

As Floricic's family did not wish his full name (Boris Floricic) to be used, many German newspapers referred to him as "Boris F." On 14 December 2005 his parents obtained a temporary restraining order in a Berlin court against Wikimedia Foundation Inc. because its freely editable online encyclopedia, Wikipedia, mentioned the full name in its German language version. The order prohibited the Foundation from mentioning the full name on any website under the domain "wikipedia.org". It furthermore required the Foundation to name a representative in Germany within two weeks following the decision.

This was widely reported in the Dutch and German press. The initial order was mistakenly addressed to Saint Petersburg, Russia rather than to St. Petersburg, Florida, United States; this was corrected five days later.

On 17 January 2006, a second preliminary injunction from a court in Berlin prohibited the Wikimedia Deutschland e.V. local chapter from linking to the German Wikipedia, resulting in the change of the wikipedia.de address from a link to German Wikipedia to a page explaining the situation, although the page did not mention Tron. Despite media reports to the contrary, the German Wikipedia itself was never closed or inaccessible in Germany. Wikimedia Deutschland e.V. confirmed to the Internet news site golem.de that the new injunction was related to the prior case against the Wikimedia Foundation and was issued on behalf of the same plaintiffs. Wikimedia Deutschland e.V. was reported as intending to fight the injunction, arguing that no valid case was presented and the freedom of the press must be defended.

As Müller-Maguhn, one of the spokespersons of the Chaos Computer Club, was deeply involved in the case on the side of the plaintiffs, some media reported this as a case of Chaos Computer Club against Wikipedia. The Chaos Computer Club had issued a public statement that this was a case between a few of its members and Wikipedia, and that the CCC itself did not take any position in the matter.

The Austrian online magazine Futurezone interviewed Andy Müller-Maguhn on 19 January 2006 about the case and its background. Maguhn admitted that the true reason behind the incident was a fictitious work recently published by a German author in which the main character had the same (civil) name as Floricic. The parents sent a protest to the publisher but were turned down with the argument that the German Wikipedia was using the name as well. Müller-Maguhn then asked the German Wikipedia to remove the name, but was turned down for a number of reasons, including failure to present proof that he was entitled to speak and act on behalf of the parents.

On 9 February 2006, the injunction against Wikimedia Deutschland was overturned. The plaintiffs appealed to the Berlin state court, but were turned down in May 2006.

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