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Jurisprudence recognizes the digital heritage. At least in Germany, where the Supreme Court of Karlsruhe ruled in favor of the parents of a girl of fifteen, died by a train, who claimed the right to use the account of his daughter's Facebook. It all starts in 2012, when the tragedy arrives. Even today, after six years, it is not known if the young woman was the victim of an accident or voluntarily thrown under the convoy. Immediately the girl's parents were activated to ask Facebook to access the account of her deceased daughter. Objective, remove all doubt about this death that destroyed their lives. The social, however, rejected the couple's request and, for reasons of confidentiality, turned his profile into a "commemorative page" where virtual friends can leave messages or signings but on which no one can change data or see private conversations. Mom and dad of the fifteen did not give up and took the case to court. The judges of the first degree in Berlin have agreed with them, stating that the Facebook profile of the teenager is intended to be covered by the law on inheritance, including the digital content created by the girl. Ergo, parents can use the account. Not for the digital platform who challenged the decision and last year has collected, in the appeal, the reversal of the verdict. This led to the decision of the Karlsruhe Court which, following the example of the court of first instance, considered the profile of the adolescent as part of hereditary property, including messages and private messages. "We respectfully disagree with the decision," is Facebook's comment. This will not matter to fifteen-year-old parents who will finally be able to access the page. And perhaps understand something more about a death that is nevertheless absurd and unacceptable
Cuneo, July 15, 2018 – Luca as Anne (invented name). He is Cuneo, she is German. They were both removed from life at a young age, 22 at the first, crashed from the Matterhorn last summer, to the second, in 2012, was run over by a train. Both with a Facebook page on which they shared their dreams and hopes and on which their post-mortem destinies were separated. After a long legal battle against the platform Mark Zuckerberg, the parents of the German girl managed to reactivate the social profile of his daughter. For Cristina Giordana, Luca's mother, on the other hand, access to the boy's profile has long been banned
Germany could set a good example.
"I think that the decision of the German Supreme Court is very logical, who knows now that something is not moving even in the case of my son Luca, as a mother I inherited his small property and I did not get his profile whose pbadword I know.
He got it directly from him?
"Of course, Luca gave it to me, not because he thought he was dying, it was the last of his problems, but the simple reason that he and I shared everything. I knew the pbadwords of his personal e-mail and the university.
For months, she published articles as if she were her son to write
The social did not prevent me from accessing, turning the profile of badets to memorial , on the page I wrote a whole series of wonderful news, like that related to the fact that his picture reached the 8 thousand meters of Dhaulagiri. he dreamed of knowing how to read there.
Did the writing on the page of Luke serve to rework the mourning?
"There was surely a lot of empathy between us, we were friends on the social network, and often children do not want their parents to know what they write and share on Facebook. Was his point of reference, so much so that it was not difficult to discuss his thesis at the university ".
Now the page is shielded.
"Since the beginning of the year, after someone communicated death to the social network, it has become a commemorative page, with lots of little blue flowers that make me crawl. I did not report death not because I wanted to violate Facebook's regulation, simply because of my ignorance I thought the profile would always remain open. "
Do you know that social media you can specify a digital heir?
"A 20-year-old does not have the idea of making a will."
From his experience what would you say to Zuckerberg? "19659004" I wrote him many times, but he never answered me. .. However I would say that it is particularly painful for a parent to see themselves from today to tomorrow unable to update the page of his son who is no longer C & # 39; is what happened to me A mother or father who has pbadword access profile and is also among Facebook friends of young people, it's just that he can continue to keep the page alive . "
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