帕兰蒂尔诉“共和国”:美国分析公司起诉杂志社
Palantir vs. the "Republik": US analytics firm takes magazine to court

原始链接: https://www.heise.de/en/news/Palantir-vs-the-Republik-US-analytics-firm-takes-magazine-to-court-11176508.html

美国分析公司帕兰蒂尔正在起诉瑞士在线杂志“Republik”,原因是该杂志发表了两篇报道,详细介绍了该公司试图与瑞士当局(特别是军队、警察和卫生部门)签订合同的企图。虽然没有达成任何协议,“Republik”报道了帕兰蒂尔的主动接触,引发了这场诉讼,因为帕兰蒂尔寻求法院强制执行的反声明,以纠正他们声称的不准确之处。 此举具有讽刺意味地放大了对原始报道的关注——一种典型的“斯特赖桑德效应”。帕兰蒂尔的动机源于欧洲正在进行的关键采购决策,在国防和安全软件领域获得合同是其关键增长领域。该公司在美国当局取得了成功,但在瑞士却难以获得进展。 “Republik”坚持其报道的真实性,该报道基于瑞士政府文件,并指责帕兰蒂尔试图恐吓他们。帕兰蒂尔否认了这一点,表示他们只是想纠正“重大不准确之处”。瑞士法律允许法院审查反声明的请求,但不评估事实真相,只判断是否存在不同的观点。此案获得了公众对“Republik”的大力支持,捐款和声援之情激增。

帕兰蒂尔,一家美国分析公司,因起诉德国杂志《Republik》而面临批评,原因是该杂志的一篇文章被该公司认为对其进行了不公正的描述。Hacker News的讨论强调了此案周围糟糕的公共关系。 评论员指出,这种情况强化了现有的叙述:左翼对帕兰蒂尔持有负面看法,而右翼则认为这是欧洲的审查行为。一些人建议欧盟应出于安全原因限制美国公司,并指出对监视以及美国可能干涉欧洲事务的担忧。 多名用户直接批评帕兰蒂尔的商业行为,将其称为“网络间谍”公司,并质疑在潜在的后门和地缘政治紧张局势下,欧洲实体为何要依赖美国技术。帕兰蒂尔发布了一篇博客文章回应该文章,并在其中一个评论中提供了他们的说法。
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原文

Palantir Technologies, the US provider of analytics software, finds itself directly affected by two reports from the Swiss online magazine "Republik". After the company unsuccessfully demanded a counterstatement from the magazine, it now wants to enforce one through legal action. It's about a factual comparison, says the software provider. The "Republik" creators appear surprised.

With the step to court, Palantir has generated more attention for the "Republik" reporting than the objected articles themselves could have caused – 23 years after Barbra Streisand triggered the effect named after her. And yet, there are reasons why Palantir is acting this way.

While in Germany the provider of data linking and data analysis software for authorities with surveillance powers is successful with at least some state customers. The company has so far had – as far as is known – little state clientele in Switzerland.

In December, "Republik" extensively quoted from Swiss administration files. According to this, Palantir repeatedly sought contact with Swiss authorities – and found it. In some cases, it originated from Palantir, in others, likely from public bodies. The matters concerned the military, police, and health authorities. However, no business deal was apparently concluded.

Palantir feels unfairly treated by the reporting on this. "We can confirm that an application for a counterstatement has been filed with the Commercial Court in this matter," the communications officer of the Cantonal High Court told heise online on Friday upon request.

Swiss law provides for counterstatements, meaning that as soon as a request for a counterstatement has been rejected by a medium, a civil court can examine the matter and hear both sides. The Commercial Court of Zurich is responsible here. The Commercial Court of Zurich is responsible here.

Palantir says it had to sue to uphold its legal claim. "Palantir fully respects press freedom and the essential role of independent media in public debate," said a company spokeswoman. The right to a counterstatement is a "correction instrument intended to provide the public with balanced information."

For Palantir, the "Republik" reporting came at an inopportune time. This is because important procurement decisions are currently being made in several business areas in many European countries: the modernization and expansion of military, intelligence, and secret services, as well as police authorities, would be a promising business for Palantir and its software, which is also helpful for official surveillance.

In its home market, the USA, the company does business with US federal authorities for about a quarter of a billion US dollars, according to transparency data approximately a quarter of a billion US dollars. Customers include the US Department of Defense, the Army, and the FBI. The company reports nearly 4.5 billion US dollars in revenue for 2025, about a tenth of SAP's annual revenue. And yet, Palantir is valued on the stock market at around 300 billion euros, while SAP comes in at around 200 billion.

The European market remains difficult terrain for Palantir. The connection to the Immigration and Customs Enforcement agency (ICE), which is supposed to track down illegal migrants with brutal methods and a lot of high-tech, causes consternation in Europe. As a US company, Palantir is subject to US law, which increasingly questions international cooperation in security matters – this is unlikely to be conducive to sales for Palantir.

Meanwhile, the uproar had just subsided elsewhere: Palantir was criticized for its involvement in Israel. Founders Peter Thiel and Alex Karp had agreed to a strategic partnership with the Israeli Ministry of Defense in January 2024, Bloomberg reported at the time. The report on this is publicly available on the Palantir website.

The small medium from Switzerland is hardly comparable to industry giants like Bloomberg. It has been published ad-free and exclusively online since 2018. It is primarily supported by a good 30,000 subscribers, a majority of whom are also cooperative members with voting rights. Not a media behemoth with a large publisher behind it.

Shortly after the publication of the two articles now being heard in court, Courtney Bowman, head of Palantir's "Privacy and Civil Liberties" department, had already set the course on LinkedIn: The reports from "Republik" were "full of distortions, insinuations, and borderline conspiracy theories."

Bowman accuses the authors of having reproduced a report from the Swiss Army Staff too uncritically – whose authors, unfortunately, had "relied on a limited set of search engine hit sources." The Palantir representative, in turn, provided no evidence for his claims.

"I believe we have done excellent research and documented it very comprehensively," says Daniel Binswanger, co-editor-in-chief of "Republik," in an interview with heise online. Research based on Swiss government documents is one of the "best foundations for reporting." He is very confident about the outcome of the proceedings.

Palantir strongly rejects the impression that a multi-billion dollar company is flexing its muscles against a small magazine: Any accusation that this is a strategic attempt to intimidate unfavorable reporting through legal action is unfounded, the company spokeswoman emphasizes: "Palantir merely seeks the publication of a concise and appropriate counterstatement to correct significant inaccuracies."

However, the company does not disclose what specific "significant inaccuracies" Palantir wants to see corrected. Palantir did not respond to a request to send the "corrections" specifically demanded by "Republik" by Friday afternoon.

Whether the company will achieve at least partial success with its approach in court is hardly predictable. The Swiss right to a counterstatement involves no examination by the court whether a statement was actually correct. This is why it is a frequently used form in the Swiss media world when companies feel they have been misrepresented.

"The right to a counterstatement is not about whether something is true or false," explains "Republik" co-editor-in-chief Daniel Binswanger. "It's about whether another version of the facts could also be possible." However, this only concerns factual representation. Opinions, on the other hand, are not challengeable in Switzerland either.

For the Swiss online magazine, however, the effect is noticeable and measurable. "We are overwhelmed," says Daniel Binswanger in an interview with heise online. "The offers of donations, expressions of solidarity – it's gigantic," he says. "We've never experienced a story triggering this." Ms. Streisand sends her regards.

(vbr)

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This article was originally published in German. It was translated with technical assistance and editorially reviewed before publication.

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