[WikiEN-l] Former Wikimedia employee was a felon.

joshua.zelinsky at yale.edu joshua.zelinsky at yale.edu
Fri Dec 14 04:21:30 UTC 2007


Malice is defined if I recall correctly as "knowing falsity or reckless
disregard for the truth" and I seem to recall that not fact checking whether
people with the same name are in fact that the same person can constitute
reckless disregard for truth but I don't have a citation and I'm not a lawyer.

Quoting Nathan Awrich <nawrich at gmail.com>:

> Libel in the US requires malicious intent, which is notoriously hard
> to prove - all they would need to do is demonstrate a legitimate
> belief that the WMF Carolyn Doran is the same one involved in these
> crimes. Additionally, since it is published in the UK there is the
> question of jurisdiction. Still, it does seem unlikely that the
> Register would expose itself to the comparatively low libel bar in the
> UK.
>
> On Dec 13, 2007 11:01 PM,  <joshua.zelinsky at yale.edu> wrote:
>> Quoting George Herbert <george.herbert at gmail.com>:
>>
>> > Keep in mind that there are verifyably hundreds of Carolyn Doran's in
>> > the US.  It's entirely possible she's not the same person who
>> > committed those other crimes.  I don't know how good Cade Metz' fact
>> > checking is on that point; it needs to be verified, but I wouldn't
>> > assume it to be true.
>>
>> If it isn't true the Foundation and Doran should sue The Register for
>> libel. If
>> this is wrong it might even constitute sufficiently reckless behavior to be
>> actionable in the United States, and certainly would be libel in 
>> Great Britain
>> where the Register is. However, I doubt even the Register would be this
>> sloppy.
>> I'd be willing to bet about 8 to 1 that this is the same Carolyn Doran.
>>
>>
>>
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