On 4/21/06, Steve Bennett stevage@gmail.com wrote:
On 21/04/06, Tony Sidaway f.crdfa@gmail.com wrote:
liability for publication by agents of the provider. A Wikipedia administrator who uses his special powers to publish defamatory content or copy copyright-infringing content would tend to advance the case against Wikipedia for third-party liability.
That would all hinge on whether a "Wikipedia administrator" represents Wikipedia in any respect. I don't think they do, not more than any editor does. Taken to its conclusion, you would be saying that user A writes something horrible on Wikipedia, user B (possibly an admin if you like) then publishes that in print in 50 magazines, and user A deletes the horrible remark. Wikipedia is liable for user B's actions?
Legally liable? I would assume not, since most admins have no formal relationship to the Foundation. It would probably depend on whether Wikimedia could simultaneously argue that (a) deleting material -- where admins could still access it -- qualified as no longer publishing it and (b) Wikimedia is not responsible for the actions of admins who obtain that material.
Having said that, it would still be major egg on our face. "Wikipedia administrators distribute defamatory material" really isn't a beneficial type of headline.
Kirill Lokshin