wir-sind-afd.de

from Wikipedia, the free encyclopedia

wir-sind-afd.de (since the end of September 2018 das-ist-afd.de ) is a German website on which quotations from politicians of the Alternative for Germany party (AfD) are reproduced. The website is operated by the Berlin computer scientist Nathan Mattes. AFD sued Mattes for infringement of its right to a name on omission and demanded the release of the domain . The party won in the first few instances. An appeal to the Federal Court of Justice was not allowed, Mattes has announced that it will proceed against it in an appeal process.

History and content

In November 2015, Nathan Mattes registered the domain wir-sind-afd.de in his name. In 2018 he told the Kölner Stadtanzeiger that several visits to events by leading AfD officials and local round tables had given him the idea of ​​"presenting on a website who the AfD people actually are - about what they say". In the subtitle of the page, the AfD is portrayed as a “ right-wing extremist , racist , inhuman party”. On the website wir-sind-afd.de Mattes has compiled twenty original quotes from AfD politicians with sources, including, for example, the statement by the Tübingen AfD Bundestag candidate Dubravko Mandic : “ We differ from the NPD primarily in our bourgeois supporters, not like that very much through content ”. According to Mattes' lawyer Miriam Vollmer, "Mr. Mattes [...] did not pose as an AfD."

Lawsuit of the AfD

In April 2017, the AfD warned Mattes and wanted to get him to take the site off the network and pay 1368.86 euros. Mattes did not follow this, whereupon the AfD sued him. The oral hearing took place on January 16, 2018. The Cologne Regional Court decided on February 6, 2018 that Mattes had to give up the domain wir-sind-afd.de because it violated the AfD's naming rights. The verdict is not yet legally binding. The judge and civil rights activist Ulf Buermeyer criticized that the court had overlooked in the judgment that Mattes was about "deconstructing the AfD through transparency". It is precisely through the impression that the page is being designed by the AfD itself that “the joke” arises. It is a borderline case, but this aspect must be taken into account.

In addition to the warning costs, Mattes had to pay around 1500 euros in legal and court fees, a total of around 9400 euros. According to his own statement, by standing up for the side he wants to make it clear that the AfD “does not shy away from attorney fees or tax money” in order to silence critical voices, and also sees other AfD-critical websites affected.

Mattes has experienced great solidarity since the AfD's lawsuit became known on the Internet. On one donation page, more than 50,000 euros were collected for further process costs by February 21, 2018. Mattes wants to donate anything of the donated money to refugee aid.

vocation

On March 2, 2018, Mattes announced that it would appeal the decision. In the subsequent appeal proceedings, the Cologne Higher Regional Court made it clear on August 6th in a notification (AZ 7U85 / 18) that it would reject Mattes' appeal without an oral hearing and that it would not allow an appeal. The corresponding judgment was issued on September 27, 2018. As a result, the domain was deactivated. Mattes' attorney Vollmer announced on October 1st a revision admission process in order to obtain an appeal by the Federal Court of Justice.

Domain das-ist-afd.de

The domain wir-sind-afd.de complained about was switched off after the judgment of September 27, 2018. The content has since been available at das-ist-afd.de . A clone of the original website also exists at wir-sind-afd.com . Furthermore, the domain wir-sind-afd.eu refers to das-ist-afd.de .

Web links

Individual evidence

  1. ↑ a b c Lars Wienand: AfD critic must hand over the page wir-sind-afd.de. In: t-online. September 29, 2018, accessed October 3, 2018 .
  2. ↑ a b Blogger is not allowed to use www.wir-sind-afd.de. In: juris.de. September 28, 2018, accessed October 3, 2018 .
  3. ↑ a b Miriam Vollmer: Blogger Nathan Mattes pulls against the AfD before the BGH. In : recht-energisch.de. October 1, 2018, accessed October 3, 2018 .
  4. ↑ Ingo Hinz: "We are AfD": Blogger is combative after defeat in Cologne court . In: Kölner Stadt-Anzeiger . ( ksta.de [accessed on February 21, 2018]).
  5. ↑ a b c A blogger wants to expose the AfD with their own quotes - is sued by the party and loses . In: stern.de . February 21, 2018 ( stern.de [accessed February 21, 2018]).
  6. ↑ a b c d Christian Rath: Judgment against bloggers: We are (not) AfD;) . In: The daily newspaper: taz . February 20, 2018, ISSN  0931-9085 ( taz.de [accessed February 21, 2018]).
  7. ↑ a b Gerrit Hencke: Nathan Mattes from Berlin: AfD sued blogger for collecting racist quotes from party members | shz.de . In: shz . ( shz.de [accessed on February 21, 2018]).
  8. ↑ Gerrit Hencke: Nathan Mattes from Berlin: AfD sued blogger for collecting racist quotes from party members | shz.de . In: shz . ( shz.de [accessed on February 21, 2018]).
  9. ↑ Judgment of the LG Cologne (33 O 79/17). In: wir-sind-afd.de. June 2, 2018, accessed February 22, 2018 .
  10. ↑ Ulf Buermeyer, Philip Banse: Deniz Yücel, SPD chaos, grumbling in the Union, public transport, Olympia from below. In: State of the Nation episode 87. February 16, 2018, accessed on February 22, 2018 (from minute 53).
  11. ↑ After losing the legal battle with AfD: Nathan Mattes appeals. In: wir-sind-afd.de. March 2, 2018, accessed March 2, 2018 .
  12. ↑ https://www.lto.de/recht/hintergruende/h/olg-koeln-7-u-85-18-hinweisbeschluss-wir-sind-afd-de-domain-soll-geloescht-haben/ from 17. August 2018 (accessed August 4, 2018)
  13. ↑ Karoline Meta Beisel: How the AfD argues with a blogger about a website. In: sueddeutsche.de . August 21, 2018, accessed October 13, 2018 .
  14. ↑ Cologne Higher Regional Court, 7 U 85/18. Retrieved October 3, 2018 .