The case is stirring the minds of the local literary scene. And a small chapter has been added to it. Mannhart and his publishing house appealed to the Federal Court for suspensive effect against the measure ordered by the Zurich Commercial Court in September. The lawsuit against Mannhart and his publishing house had been filed by Austrian reporter Thomas Brunnsteiner, who accused his Bernese colleague of plagiarizing his own volume of reportage "Bis ins Eismeer" (Werbewoche.ch reported).
As a result of the Federal Court's decision on Monday, which was published on Wednesday, the reading, advertising and sales ban against the novel "Bergsteigen im Flachland" will now remain in place until the main proceedings take place before the Zurich Commercial Court.
Mannhart drew inspiration for his novel from Brunnsteiner's reportage. He did mention the reporter, who now lives in Finland, in the acknowledgements, but did not separately identify the references. The Austrian learned of this from third parties and accused Mannhart of intellectual theft.
Neither Mannhart nor his publisher had denied that "Bergsteigen im Flachland" contained references to Brunnsteiner's reportages. However, the Bernese author claimed to have written his book as a tribute to a revered professional colleague - although he failed to mention this explicitly, for example in a preface.
No agreement
An agreement between the two parties failed in August: Brunnsteiner demanded compensation of 30,000 Swiss francs from the publisher Secession, as well as individual references to all 114 passages of text he objected to. The publisher, for its part, offered Brunnsteiner to include a preface to the novel with immediate effect, referring to references to "Bis ins Eismeer. The publisher did not respond to the monetary demands: Publisher's spokesman Joachin Zepelin told SDA that Brunnsteiner had not suffered any damage, which is why his financial demands were "absurd.
Brunnsteiner had never shown himself open to talks, he had told the publisher that his demands were "non-negotiable" - and he had even threatened. The Austrian told SDA on Monday that he was "still open to a compromise proposal.
Damage is suffered by all parties
Joachim Zepelin from the publishing house Secession said that there were no winners in this case, no matter what the outcome. He described the damage to date due to the bans as "gigantic" for the publisher. "The novel was one of our two top titles this year," Zepelin said.
The ban on reading, selling and advertising is a precautionary and provisional measure. Brunnsteiner had until the end of October to withdraw his lawsuit against Mannhart and the publisher or to stick to it, which he has now done according to his lawyers. Thus, the case will be settled before the Commercial Court in a main trial. At least as far as the financial side is concerned, the court has downgraded the case: It set, as Zepelin said, the amount in dispute at 10000 francs instead of the 30'000 francs demanded by Brunnsteiner. The court itself does not comment on the current proceedings. (SDA)