Andrew Gray writes:
As discussed interminably on some other list this very week, British
defamation law is voracious and enthusiastic. Having WMF operating in
a British jurisdiction, or keeping assets there, is pretty much an
invitation for someone to sue us in a UK court - a situation where we
might win but we would certainly suffer.
I made this point in our internal discussions as well. (Note: I was not myself part of
the Board's deliberations.)
In response to an earlier argument -- that BLP policy would have to change -- I note that
since defamation law has been more or less the same among American states since the
Supreme Court's decision in New York Times Co. v. Sullivan (1964), and since the most
applicable statutory immunity in defamation cases (Section 230, passed in 1996) is federal
law, the move won't affect BLP to any noticeable degree.
--Mike Godwin
General Counsel
Wikimedia Foundation
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The second edition of Godwin's book, CYBER RIGHTS, can be ordered at
http://www.panix.com/~mnemonic .
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