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Home > Glock v. Pilz

Glock v. Pilz [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:58

Summary

Threat Type: 

Lawsuit

Date: 

04/06/2006

Status: 

Concluded

Disposition: 

Dismissed (total)
Settled (partial)

Location: 

Indiana

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
On February 21, 2006, Austrian politician Peter Pilz posted comments on his (Austrian) website about Glock pistols making their way to the black market in Turkey. Der Standard, a German-language newspaper, reported on Pilz's statements in its print and online editions. On... read full description
Parties

Party Issuing Legal Threat: 

Glock, Inc.

Party Receiving Legal Threat: 

Peter Pilz; Der Standard Verlagsgelsellschaft MBH; Verein zur Forderung der Friends Economy; Thomas Sperlich; Reinhard Pickl-Herk; Petra Freiler; Bronner Online AG; Thomas Kunrath

Type of Party: 

Large Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Georgia

Location of Party: 

  • Austria

Legal Counsel: 

John Renzulli, Douglas Bates

Legal Counsel: 

Bradley Hasler, Daniel Byron, Scott Leisz
Description

On February 21, 2006, Austrian politician Peter Pilz posted comments on his (Austrian) website about Glock pistols making their way to the black market in Turkey. Der Standard, a German-language newspaper, reported on Pilz's statements in its print and online editions.

On April 6, 2006, Glock sued Pilz, Der Standard, and a number of co-defendants for defamation in Indiana state court. Glock read Pilz's comments as accusing it of conspiring with Kiesler Police Supply, a company based in Indiana, to sell more pistols in Iraq than were necessary in order to supply a black market in Turkey. (The district court noted in its order dismissing the action that a more plausible reading of the article is that the Austrian government was to blame for not better managing the supply of Austrian pistols.)

On May 9, 2006, Bronner Online AG and Der Standard removed the lawsuit to federal court. Glock settled with Sperlich, Pickl-Herk, and Freiler in June 2006.

In March 2007, the United States District Court for the Southern District of Indiana decided the defendants motion to dismiss for lack of personal jurisdiction. It concluded that to exercise personal jurisdiction over the Austrian defendants would violate the Due Process Clause. Summing up the situation well, the court wrote:

As an aside on the international context, the court notes how extraordinary and problematic finding personal jurisdiction in this situation would be. Pilz is a member of the Austrian Parliament writing about what is arguably a matter of policy of the Austrian government; Der Standard is a newspaper that reported on Pilz's views. Today almost everything written down ends up on the internet in one form or another. Does the Due Process Clause allow the internet to transform American courts into worldwide speech regulators every time an American entity gets mentioned? That is doubtful, but essentially what Plaintiff argues.

The court dismissed the action with respect to all the remaining defendants.

Related Links: 

Transcript of a BBC Program on Iraqi Guns, noting Pilz's comments [2] (see p. 18)

MLRC's Legal Actions and Developments Involving Blogs [3]

Details

Web Site(s) Involved: 

http://www.peterpilz.at/ [4]

Content Type: 

  • Text

Publication Medium: 

Print
Website

Subject Area: 

  • Defamation
  • Personal Jurisdiction
Court Information & Documents

Jurisdiction: 

  • Indiana

Source of Law: 

  • United States
  • Indiana

Court Name: 

Indiana Superior Court, Clark County; United States District Court for the Southern District of Indiana

Court Type: 

Federal
State

Case Number: 

10D02-0604-CT-43 (state); 4:06-CV-0072-JDT-WGH (federal)

Relevant Documents: 

PDF icon 2006-04-06-Glock's Complaint.pdf [5]
PDF icon 2006-05-09-Notice of Removal.pdf [6]
PDF icon 2006-06-19-Motion to Dismiss for Lack of Jurisdiction.pdf [7]
PDF icon 2006-10-26-Notice of Voluntary Dismissal as to Defendants Sperlich, Pickl-Herk and Freiler.pdf [8]
PDF icon 2007-03-29-Order on Motion to Dismiss and Motion to Remand.pdf [9]
CMLP Information (Private)

CMLP Notes: 

SB Reviewed; to-do: create entry for threatening letter -- see page 3 of Order on Motion to Dismiss

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Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/glock-v-pilz

Links
[1] https://www.dmlp.org/threats/glock-v-pilz
[2] http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/06_06_06_iraqi_guns.pdf
[3] http://www.medialaw.org/bloggerlawsuits
[4] http://www.peterpilz.at/
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-04-06-Glock%27s%20Complaint.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-05-09-Notice%20of%20Removal.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-06-19-Motion%20to%20Dismiss%20for%20Lack%20of%20Jurisdiction.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-10-26-Notice%20of%20Voluntary%20Dismissal%20as%20to%20Defendants%20Sperlich%2C%20Pickl-Herk%20and%20Freiler.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-29-Order%20on%20Motion%20to%20Dismiss%20and%20Motion%20to%20Remand.pdf