Max Mosley wins privacy case against NoW/Mosley bekommt Recht

The Guardian reports that Max Mosley has won his case against the News of the World.

It also links to the full judgment as a PDF file. In particular, the judge found that there was no element of Nazism in the S & M role play. No. 51:

The facts that the jacket corresponded to the modern Luftwaffe uniform and that
German was spoken in the second of the two scenarios acted out on 28 March cannot
be identified with Nazism. As Woman B observed, and most Germans would agree,
it is inappropriate and offensive to equate everything German with the Nazi era. Mr
Thurlbeck’s answer, on more than one occasion, was that everything has to be seen
“in the round”. I take that to mean that notwithstanding the absence of specifically
Nazi or concentration camp indicia a reasonable person would still view the overall
exercise as Nazi role-play. He said that this was to be regarded merely as “am drams”
and the Claimant had been let down by his wardrobe department, with the result that
the clothes (whatever they actually were) should be regarded as “pretend” Nazi
uniforms. This is an approach that is not uncommon when witnesses in court are
trying to defend a certain position under cross-examination. If it is believed that a
particular state of affairs came about, it becomes necessary to explain away any
indicators to the contrary. Here, simply because it is assumed that there was Nazi
role-play, non-Nazi clothes have to be explained as “pretend” Nazi clothes.

and no. 53:

Mr Thurlbeck also relied upon the fact that the Claimant was “shaved”.
Concentration camp inmates were also shaved. Yet, as Mr Price pointed out, they had
their heads shaved. The Claimant, for reasons best known to himself, enjoyed having
his bottom shaved – apparently for its own sake rather than because of any supposed
Nazi connotation. He explained to me that while this service was being performed he
was (no doubt unwisely) “shaking with laughter”. I naturally could not check from
the DVD, as it was not his face that was on display.

On the German language (no. 59):

As to the use of the German language, Woman D gave evidence that she was turned
on by the thought of being interrogated, while she was in a submissive role, by people
using a foreign language which she did not understand. It added to the sense of
helplessness and having no control. She had originally heard the Claimant and
Woman B speaking German at a gathering towards the end of January or beginning of
February (simply because they had the language in common) and suggested to
Woman A that it would be a good idea to incorporate the further use of German in a
scenario later on.

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