Toby Bartels wrote:
(Actually, it's Bomis, Inc., a limited liability corporation, that would have liability and protections, not Jimmy himself.)
Right, well, actually, Wikimedia Foundation, Inc. owns the site, not me or Bomis. :-)
This is simply false as I read the text of the law (although IANAL).
Right, and furthermore in this case, Joe Canuck was not banned for posting copyrighted images, but for a pattern of behavior surrounding the controversy over the images. So we don't even reach the question of the degree to which the Wikimedia Foundation needs to be a "passive conduit" in order to be an ISP rather than a publisher.
--Jimbo