[WikiEN-l] on citing Wikipedia in U.S. court opinions

Newyorkbrad newyorkbrad at gmail.com
Fri Aug 17 18:42:33 UTC 2012


I didn't realize it until just now, but we (En-WP) have articles about this:

http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_in_judicial_opinions

http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_as_a_court_source

These clearly need to be updated, but might be of interest.

Also of note, albeit also outdated:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1272437

http://www.nytimes.com/2007/01/29/technology/29wikipedia.html

And the best post I've found on the current case:

http://www.volokh.com/2012/08/16/citing-wikipedia-in-court-opinions/

Regards,
Newyorkbrad

On Thu, Aug 16, 2012 at 10:23 PM, Mark <delirium at hackish.org> wrote:

> Making the blog-rounds, there was a Utah court case that includes
> surprisingly lengthy (and generally positive) discussion on whether and
> when to cite Wikipedia in court decisions:
>
> * http://www.utcourts.gov/**opinions/appopin/fire_**insurance081612.pdf<http://www.utcourts.gov/opinions/appopin/fire_insurance081612.pdf>
>
> See footnote 1 (page 5) in the majority opinion, and a separate concurring
> opinion filed by another judge solely on the Wikipedia-citation question
> (starts on the bottom of page 7). My favorite part is where they cite the
> Wikipedia article "Reliability of Wikipedia" as part of the analysis.
>
> Embarrassingly, the article of ours they cite, [[Jet Ski]], is actually in
> a sort of sorry state. But they seem to do so only for the relatively
> mundane usage note in the opening paragraph, which explains that "Jet Ski"
> is a trademark, but is often used imprecisely, in colloquial usage, to
> refer to other similar devices not manufactured by Kawasaki. I guess the
> OED doesn't have a note on that yet? Or maybe they don't have OED
> subscriptions over at the court? Alternately, maybe they just liked the way
> we worded the explanation and wanted to quote it rather than re-explaining
> the same thing in their own words.
>
> -Mark
>
>
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