Carter Ruck attempts to ban German Edition of Amaral's book

Guest Tue 17 Nov - 18:14

To all of you:
You may be interested to know that the British law firm Carter-Ruck attempted to ban the German edition of Gonçalo Amaral's book «A Verdade da Mentira» (Die Wahrheit über die Lüge) on Nov. 13, 2009 by mailing a letter to Amazon.de «demanding» to withdraw the said book from the market with reference to the September injunction issued by the Portuguese (Lisbon) Civil Court, pretending the jurisdiction of the said court in every European country. In other words: Claiming to be entitled to enforce the Portuguese injunction in Germany and elsewhere in Europe. According to the German Penal Code, based on their action, Carter-Ruck committed the crime of attempted fraud and coercion, because there is no such thing like international jurisdiction of the Portuguese court. Therefore, C-R was informed in no uncertain terms about the legal situation and the refusal to comply with their demands. It was recommended to hire a German lawyer who acts for them and on behalf of the McCanns in order to obtain such injunction from a German court. In this case thgey would face the following problem: No German court would issue an injunction without the prior hearing of all parties involved. To those, who are not familiar with the juridical instrument «injunction» let me give you a brief explanation: An injunction is not a verdict, but in urgent cases a temporary decision by a court to prevent or limit damages done to the applicant's party. What makes this case so special is the fact, that - if C-R intends to proceed with the case in Germany, they need to hire a German lawyer first for the writ and to launch the case - defendants can and will request the deposition of the McCanns to appear in person before the judge for their testimony and to answer many questions satisfactory to the court. If they do not show-up, bad luck for the McCanns and their case! Lets us wait and see what happens next, how C-R intends to proceed on behalf of his clients. They should be aware that the perverted British libel laws do not apply to Germany. Therefore, they may be in for a big surprise and a counter suit for damages. Let us wait and see.

http://truthformadeleine.com/forum/viewtopic.php?f=13&t=875

**malena stool** Tue 17 Nov - 18:53

Quote
They should be aware that the perverted British libel laws do not apply to Germany. Therefore, they may be in for a big surprise and a counter suit for damages. Let us wait and see.
Unquote.

Hopefully this will be the end of Carter Ruck's continued abuse of Europe's legal systems.... If they succeed in Germany it might give concern as to cross border collusion in the cover up of Madeleine's continued absence from the family home.

**Susan** Tue 17 Nov - 19:15

Who translated the German Version and who was selling it?

MissGivings Tue 17 Nov - 19:21

Is it me?? It reads to me like it is Goncalo's book The truth of the lie this is about, not 60 reasons.

**Susan** Tue 17 Nov - 19:29

MissGivings wrote:Is it me?? It reads to me like it is Goncalo's book The truth of the lie this is about, not 60 reasons.

You're right Missgivings....its Goncalos book and I want to know if anyone had permission to translate his book and where is this paypal button selling it now?

Colonel Fabien Tue 17 Nov - 19:40

Ambersuz wrote:
MissGivings wrote:Is it me?? It reads to me like it is Goncalo's book The truth of the lie this is about, not 60 reasons.

You're right Missgivings....its Goncalos book and I want to know if anyone had permission to translate his book and where is this paypal button selling it now?

Argo Verlag in Germany bought the copyright for the German version of the book from the Portuguese editor Guerra & Paz, so they had permission to do so.

**Claudia79** Tue 17 Nov - 19:42

Mr Amaral's book was translated and printed in Germany by a proper publisher which bought the copyrights, as far as I know.

**Susan** Tue 17 Nov - 19:45

Claudia79 wrote:Mr Amaral's book was translated and printed in Germany by a proper publisher which bought the copyrights, as far as I know.

OK great stuff then!!!

Who is Vera Steinke? has she translated it again? Carter Ruck attempts to ban German Edition of Amaral's book 294124

I think arach has made a mistake!

Guest Tue 17 Nov - 19:50

Vera translated and sold the 60 Reasons booklet in Germany

Guest Tue 17 Nov - 19:53

Ambersuz wrote:
Claudia79 wrote:Mr Amaral's book was translated and printed in Germany by a proper publisher which bought the copyrights, as far as I know.

OK great stuff then!!!

Who is Vera Steinke? has she translated it again?

I think arach has made a mistake!

Nope, Vera translated the English version into German.

MissGivings Tue 17 Nov - 19:55

arachnidea, your thread title is a tad misleading. The op you posted is actually referring to Goncalo's book, The Truth of the Lie, not the MF's 60 reasons booklet.

**Susan** Tue 17 Nov - 19:56

Arach you have put the *60 reasons* in the title and *The truth of the lie* in the OP!

Goncalo and Tony are different nationalities Carter Ruck attempts to ban German Edition of Amaral's book 25346

Carter Ruck attempts to ban German Edition of Amaral's book 25346

**Susan** Tue 17 Nov - 20:17

arachnidae wrote:
MissGivings wrote:arachnidea, your thread title is a tad misleading. The op you posted is actually referring to Goncalo's book, The Truth of the Lie, not the MF's 60 reasons booklet.

so it is, sorry it has been a very long day of math :(

No worries..... Carter Ruck attempts to ban German Edition of Amaral's book 944533

Judge Dread Tue 17 Nov - 21:35

Methinks CR will soon discover they are overstepping the mark in Germany and may find themselves in serious legal trouble.

Remember, the Curse of the McCann's has visited many of their supporters and brought about their downfall.

Maybe CR should think about backing off or at least be be a tad more cautious!!

Carter Ruck attempts to ban German Edition of Amaral's book 25346

contrary Tue 17 Nov - 22:23

The book seems to have vanished from Amazon.de

very strange as it was there when I last looked as I ordered a copy (and received it within days)

**fedrules** Wed 18 Nov - 7:03

I got my book from Amazon France, but not sure if it's still available. It also arrived within days. I also saw a copy of the book on the shelf in a bookshop in Switzerland less than two weeks ago.

Guest Wed 18 Nov - 7:34

The impudence of Carter Ruck is unbelievable and if their Fees are coming out of the Fund, Gerry & Kate
McCann, as Directors of the Fund should be sued by the Public for gross mismanagement. Shall we set up
a Fund to take them to Court.?????

**Carolina** Wed 18 Nov - 9:32

I cannot possibly see what argument Carter Ruck could use for having the book taken off of Amazon.de, unless they lie (what a surprise).

The book is no longer banned in Portugal, a fact that the McCanns and CR fail to provide. The injunction against the publisher, who owns the copyrights on the book, was only for 30 days. As stipulated by law, if a court case is not brought up against the publisher within that period, the injunction is no longer in force and no such case was made. This means that the book can be sold, the copyrights negotiated if the editor sees fit to do so.

Therefore, CR not only threatened Amazon.de but they also lied blatantly when they stated that the book was under an injunction and that said injunction was to be applied worldwide! CR did not learn their lesson after the fiasco with the injunction against the Guardian and they are as arrogant and despicable as ever and continue to be a serious threat to freedom of speech.

mancmum Wed 18 Nov - 9:53

So the Macs/C-R failed to bring their case in time? Does this mean they've dropped it then? I'm confused (not unusual for me Carter Ruck attempts to ban German Edition of Amaral's book 25346

)

**kitti** Wed 18 Nov - 9:54

I went on a site and couldnt get it from a german site but COULD from a portugues site lolo.

Guest Wed 18 Nov - 9:56

It is still on sale in Belgium too.

**Lilemor** Wed 18 Nov - 9:59

I hope that Amazon.de gave the Ruck letter (demand) to their own Amazon-lawyers...
I assume that G. Amaral is in connection with Amazon.de, too.
Amazon could state that they don´t want any fights with Carter-Ruck.
Libel laws, Carter Ruck, GB...
I don´t know what publishers and lawyers in Europe, especially Germany now, know and think about C-R.

But what about G. Amaral?
He should make it clear that there are no legal reasons to let his book ban in Germany.
Passivity would be wrong here.
G. Amaral is a lawyer?

The french book of G. Amaral has been available via Amazon.de, too.
They removed it.

**kitti** Wed 18 Nov - 10:02

The Famous Grouse wrote:It is still on sale in Belgium too.

Theres no hardship to get it translated and anyway WHY are the mccanns trying to get it banned worldwide....ITS OPENLY...IN ENGLISH..READY TO READ on the internet.

WHATS THE POINT HERE....or is the point......SHOWING THAT THEY, THE MCCANNS, ARE IN CHARGE.

**Lilemor** Wed 18 Nov - 10:02

The Famous Grouse wrote:It is still on sale in Belgium too.

On sale in Netherlands, too.

"bol.com, de grootste mediawinkel van Nederland"

http://www.bol.com/nl/s/algemeen/zoekresultaten/Ntt/goncalo+amaral/Ntk/media_all/Ntx/mode+matchallpartial/Nty/1/N/0/Ne/0/search/true/searchType/qck/index.html?_requestid=19783

And on sale via ARGO (publisher):

http://www.shopargoverlag.de/advanced_search_result.php?XTCsid=0670bbf675e6f30444945a7c34589cfb&keywords=Goncalo+amaral&x=0&y=0

I assume for little ARGO it is a hot potato...

**Carolina** Wed 18 Nov - 10:03

There is an injunction against Gonçalo Amaral, which prevents him from speaking about the case and the possibility of her death, etc, and as the libel case was made against him, this injunction is still in force after the 30 days.

There was a temporary injunction forbidding the sale of the book, negotiation of the copyrights, etc. and this was made in the name of the publisher, Guerra & Paz. Another injunction was made against the distribution of the documentary in the name of the producer Valentim de Carvalho. As no cases were brought against them within this 30 day period, these injunctions are no longer in force. Therefore, in simple layman terms, the book and documentary are no longer banned.

The only case on the table at this time is the libel suit presented by the McCanns and the injunction was slapped on him as a so called preventive measure. I hope that I am clear

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Re: Carter Ruck attempts to ban German Edition of Amaral's book