Monday, April 13, 2009

Legal question



The authorities take a dim view of impersonating a medical doctor, nurse, midwife, lawyer, police officer, licensed real estate agent, taxicab driver, push-cart hot dog vendor, building inspector,... in some jurisdictions even a hairdresser or pet groomer.


Is it illegal to masquerade as a full professor?
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محمد النشائي El Naschie Watch محمد النشائي El Naschie News محمد النشائي
محمد النشائي All El Naschie All The Time محمد النشائي

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29 comments:

  1. The sock puppet "Kasei Valles" over at cognition and culture does have a point.

    I seems that you have learned your web design skills from looking at teen-age girl's pages on livejournal and myspace. I soon expect to see animated gifs with sparkles.

    You are doing good work. Maybe you could be more professional. Or are you trying to attract Arab readers with WEB 0.5 glitz?

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  2. What's wrong with the design? I for me like it.

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  3. Thank you, I do too. Anyway what do you have against teenage girls?

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  4. Also I have no interest in being professional about this. I do it to amuse myself. Animated sparkly gifs sound like a good idea.

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  5. IsitbecausememohammedApril 14, 2009 at 2:49 AM

    Yes, how about letting the bully smile with http://www.gangstagold.com/ in his mouth!? There you could add the sparkling effect. More teenage girls and a chat at this blog sounds like a big idea!

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  6. Jason wrote:
    Is it illegal to masquerade as a full professor?

    In germany, clearly yes. If El Naschie uses the title dr, phd or professor in his official correspondence, one can sue him in germany because of title abuse. Even more: Academic titles from universities that are not based in Germany must be explicitely written with an abbreviation of the name of the country where the title was awarded. Otherwise, one can also sue in germany.

    I don't know how it is in the US or arabia.

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  7. correction: since El Naschie probably got a phd, he can use this title in germany legally. One can only sue him if he uses the title professor in his official correspondence.

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  8. "Professor" is no academic title in Germany, Dr is the highest academic degree in Germany. And in France it is "teacher". Professor is just a status. People without even a phd can be a professor in Germany when teaching at a "Fachhochschule", a technical college. I hate to say this, but I guess it is hardly illegal by itself to call yourself a "full professor" in Germany while you aren't. Maybe in connection with other things it may become illegal, or a reason to take back things from you, but by itself... don't know.. it is just disgusting.

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  9. Correction time: Calling yourself a professor -is- illegal in Germany, since the § 132a
    "Mißbrauch von Titeln, Berufsbezeichnungen und Abzeichen" does not only cover acadmic degrees (of which Dr is the highest available in Germany, that holds) but also the names of positions like "Privatdozent" or "Professor". Or "Apotheker", "Tierarzt" etc. Here is the law:
    http://dejure.org/gesetze/StGB/132a.html
    Up to one year prison or fine.
    It explicitly states that it applies not only to German but international degrees and position titles.
    I think, it might be time to sue El Naschie. Which country starts? Or do we hire some international sharks to do a job right once?

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  10. Here is how this may work in Germany, Austria, Suisse, even with institutes that give out not accepted degrees. The guy calling himself "professor" had to pay 3500 EUR. http://www.business-podium.com/boards/europa-hochschule-euraka-ch-private-hochschule-fuer-integrale-medizin-technik-und-okonomie/5641-staatsanwaltschaft-offenburg-stellt-titelmissbrauch-bei-euraka-professortiteln-fest.html

    I think it is time to inform the prosecutors in your countries about the case.

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  11. And the guy doing the "bodies" exhibitions had to pay 144,000 EUR for signing stuff with "professor": http://www.spiegel.de/unispiegel/studium/0,1518,288764,00.html
    Maybe the fine is in relation to what type of career you are building on these lies. I wonder what Mohamed El Naschie's fine would be...

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  12. One can only sue El Naschie, if he calls himself professor in germany. He does not live there. He gives a postbox in England as adress. Perhaps he also lives somewhere in arabia. Is abuse of titles legal there? This would be what matters to sue him.

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  13. The Post Office is legally required to hand out the real address of anyone using a post box in the UK. However, the Post Office says that the post box published on Elsevier's Chaos, Solitons & Fractals web site expired at some point last year. As a consequence, the Post Office can no longer divulge the real address behind the post box, due to the requirements of the Data Protection Act. It is also illegal to use a false address as a contact on a web site, which some might argue that an out-of-date post box is.

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  14. whois gives these contact information about his domain. Perhaps one can get some info about El-Naschie there:

    domain: el-naschie.net
    created: 28-Aug-2006
    last-changed: 29-Aug-2008
    registration-expiration: 28-Aug-2009

    nserver: ns49.kundenserver.de
    nserver: ns50.kundenserver.de

    status: CLIENT-TRANSFER-PROHIBITED

    registrant-firstname: Anke
    registrant-lastname: Boehm
    registrant-organization: Dr. Thomas Kaiser IV Schloss Reinach GmbH
    registrant-street1: St. Erentrudisstr. 12
    registrant-pcode: 79112
    registrant-city: Deutschland
    registrant-ccode: DE
    registrant-phone: +49.76644070
    registrant-email: info@schlossreinach.de

    admin-c-firstname: Anke
    admin-c-lastname: Boehm
    admin-c-organization: Dr. Thomas Kaiser IV Schloss Reinach GmbH
    admin-c-street1: St. Erentrudisstr. 12
    admin-c-pcode: 79112
    admin-c-city: Deutschland
    admin-c-ccode: DE
    admin-c-phone: +49.76644070
    admin-c-email: info@schlossreinach.de

    tech-c-firstname: Hostmaster
    tech-c-lastname: EINSUNDEINS
    tech-c-organization: 1&1 Internet AG
    tech-c-street1: Brauerstr. 48
    tech-c-pcode: 76135
    tech-c-city: Karlsruhe
    tech-c-ccode: DE
    tech-c-phone: +49.721913747660
    tech-c-fax: +49.72191374246
    tech-c-email: hostmaster@1und1.de

    bill-c-firstname: Hostmaster
    bill-c-lastname: EINSUNDEINS
    bill-c-organization: 1&1 Internet AG
    bill-c-street1: Brauerstr. 48
    bill-c-pcode: 76135
    bill-c-city: Karlsruhe
    bill-c-ccode: DE
    bill-c-phone: +49.721913747660
    bill-c-fax: +49.72191374246
    bill-c-email: hostmaster@1und1.de

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  15. Strange: The person who registered this domain gives the adress of a Golf-Hotel:

    http://accommodation.schwarzwald-gastgeber.de/Hotel-in-Freiburg-ide227.html :
    Golfhotel Schloss Reinach
    Anke Boehm
    St. Erentrudis Str. 12
    79112 Freiburg
    phone: 07664-4070
    fax: 07664-407155

    Here is a photo of that location:
    http://www.schlemmerregion-freiburg.de/rp_restaurant_home.afp?rid=_0gn0w5sih

    Does El Naschie own this hotel? Perhaps this is how he earns a bit of money...

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  16. Was there a "full professor"-claim at el-naschie.net? If so, where is it now? Do I get this right, the el-naschie.net website is hosted in Germany, wouldn't then the § 132 a of German law apply here?

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  17. Yes, for a site hosted in germany, german law applies. As does so for http://el-naschie.net/

    I do not know if the information on that page suffices to sue him. Naschie calls himself repeatedly "professor" on that site. However, the text says that he would be "visiting professor".

    I would suggest to ask a german lawyer about his opinion before filing charges against El Naschie.

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  18. He does actually say on his site "After becoming full Professor of Engineering he followed his inclination towards theoretical subjects and moved first towards Applied Mathematics and later on Nuclear and High Energy Physics."

    Good work, readers.

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  19. Another question: Since Naschie sued "Die Zeit" and "Nature", I believe that courts are public. Can one get information somewhere about the trials. In germany, a court proceeds much differently as in the US. Usually, there is a judge who independently tries to find the truth and therefore, additional and interesting information about the parties involved is often revealed. Since the judge decides independently, Naschie's expensive lawyers would have not that influence in germany as they would probably have in the US. If Naschie really went to court because of the "Zeit" article, it may even be that his website already got noticed by a court.

    Hence, it would be interesting to find out if there already is a trial in germany or not.

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  20. Interessante Frage! Soweit ich recherchieren konnte, müsste die Staatsanwaltschaft im Fall El-Naschie ermitteln, sobald sie Kenntnis vom möglichen Titelmissbrauch bekommt. Das ist ja auch gut nachvollziehbar, schließlich besteht ein öffentliches Interesse an der Verfolgung einer solchen Straftat. Ansonsten bräuchten wir alle nicht mehr zur Uni gehen, wenn sich jeder nennen könnte wie er wollte und sich so Vorteile verschafft.
    Wer zeigt ihn aber nun an? Und mit welcher Begründung? Dass sich bisher kein Beweis finden ließ? Und wie bleiben wir darüber informiert, was sich in der Sache tut? Eine anonyme Anzeige bei der Staatsanwaltschaft (welche wäre zuständig?) wäre vielleicht ein gangbarer Weg, aber wie erfährt man vom Verlauf des Verfahrens? Man müsste wahrscheinlich regelmäßig bei der Staatsanwaltschaft anrufen und sich erkundigen.

    So, jetzt aber nicht alle gleichzeitig morgen früh als erstes die Anzeige aufsetzen.

    Grüße
    Martin Klicken

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  21. i was under impression that he got his phd from some small school in London, isn't that true?

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  22. University College London. It's a big school, and a good one. But he's not, as he claims, a full professor.

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  23. I'm from US, so I'm not familiar with the term "full professor". What is the difference between that and Phd degree?

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  24. Alfarid, the "PhD" is an academic degree like a Masters or Bachelors. "Full professor" is a job title given by universities to members of their academic departments who they think are particularly worthy on the basis of their research, teaching, etc.

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  25. @alfarid

    In germany, a person with phd has to write another thesis, a so called habilitation thesis before the person can make exams for students or lecture. A habilitation is usually the required qualification that one needs to have before one can apply for a professor position at an university. Writing a habilitation usually takes some years and includes heavy research work. Someone who has only a phd cannot apply for a professor position in germany.

    @Martin clicken:
    From what I know, In germany there is the principle of the flying court for trials related with something on the internet. Since a website can be seen from every place in germany, one can choose every court. From what I know, every police station suffices to file the charge.

    However, there is just one problem: We still do not know if EL Naschie lives in germany. We only know that he has a german website. And we know the webmaster of that site who seems to be another person named Anke Boehm.

    It may be, that El Naschie would just say that the wrong title was the sole idea of his webmaster. With no involvement of him. Another thing that could happen is that the district attorney puts down the trial because he finds that EL Naschie does not live in germany, or that one cannot sue him because Naschie does not come the germany anymore. However, there is also the chance that the one who files the trial will get some information in return: The relation of El Naschie and his Webmaster, or the real adress of El Naschie. Perhaps it will come out that El Naschie even has some business responsibilities why he must come to germany sometimes. Then he would perhaps have something to pay.

    I would suggest to show that webpage perhaps together with the pulled down nature article to a german lawyer before filling a trial

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  26. Thank you for clarification, it makes a lot more sense now.

    By the way I really like your site background, I wonder if it has something to do with 17 wallpaper patterns and Alhambra :P

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  27. Thank you Alfarid! I just got the background inage with a Google image search and unfortunately I don't remember the search term. Don't get too attached to it, because I might give the site a makeover. :)

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  28. Interesting.

    Regarding

    registrant-firstname: Anke
    registrant-lastname: Boehm
    registrant-organization: Dr. Thomas Kaiser IV Schloss Reinach GmbH
    registrant-street1: St. Erentrudisstr. 12
    registrant-pcode: 79112
    registrant-city: Deutschland
    registrant-ccode: DE
    registrant-phone: +49.76644070
    registrant-email: info@schlossreinach.de

    admin-c-firstname: Anke
    admin-c-lastname: Boehm

    from above.

    If you check our blog threads http://elnaschiewatch.blogspot.com/2009/02/from-cairo-with-love.html and http://elnaschiewatch.blogspot.com/2009/02/is-el-naschie-going-to-retire-as-editor.html you'll see that there's an H.G. Boehm who acts as a spokesman for El Naschie. Small world! LOL

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  29. This must not mean anything. Maybe the "spokesperson" "H.G. Boehm" was in fact El Naschie himself who was at that time not very creative to invent another name for his sockpuppet. However, the spokesperson could indeed be the husband of Anke Boehm.

    I think these matters should be more clear after someone has filed the trial. In germany, there is a so called "government investigation principle". This means that the police and district attorney are completely responsible to investigate the case. They have to document every fact that is available. Then, all this is submitted to court. The lawyers of Naschie use the facts collected by government, and the distict attorney use the same facts. Usually, lawyers and district attorneys have a somewhat different opinion. It is then on the judge, to wheight the collected data and to find out the truth. Sometimes, the judge will require additional investigation.

    It certainly would be worth a try for some real german math professor to show the Zeit article about El Naschie together with El Naschie's web page to a lawyer, discuss these facts and then file a trial.

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