- Mar 5, 2004
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Better still, a German Court of Appeal decision vindicating the microbiologist Dr Lanka, who offered 100k euro prize for proof of the measles virus. Now it's the methodology that's the problem, so it applies just as well to HIV, SARS, Swine Flu and our newest pal, SARS nCov.
Shrewd Manager posted this earlier and his claim bothered me; I told him I simply wanted to see evidence from reputable sources--research hospitals, recent papers in peer reviewed journals, official government publications. He has yet to provide that.
The reason why this bothered me was because Germany does not have a court called the German Court of Appeals. I had the pleasure of visiting the Faculty of Law at Humboldt University in Berlin a number of years ago, so I am up on the organization of the German legal system. Germany does have the Landgericht (District Court), the Oberlandesgericht (Higher Regional Court) and the Bundesgerichtshof (Federal Court of Justice), but nothing with a name that would translate directly as the German Court of Appeals.
I looked up this particular case. A Dr. Stefan Lanka issued a challenge asking for scientific proof of the existence of a measles virus. His challenge stated that the prize money would only be paid “when a scientific publication is presented in which the existence of the measles virus is not only asserted, but also proven and, among other things, its size is determined”. This is a summary; the actual requirements were very detailed.
Dr David Bardens submitted six different papers and claimed to have won the award that was offered, €100,000. The problem was that none of his papers met all of Lanka’s requirements. The Oberlandesgericht held that the promoter of the award, Lanka, could determine the rules and decide if his criteria had been met. The judges said their decision was strictly a legal judgement and did not make any statement on the existence or nonexistence of the measles virus.
The decision was appealed to the Bundesgerichtshof, which dismissed the appeal.
Some right-wing nut job websites have claimed that the German Court of Appeals (you know, the court that does not exist) ruled that there is no measles virus. As I have shown, that was not what the court decided. The court examined the legal issues only, not the scientific issues.
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