On 30 Mar 2007 at 09:58, Bryan Derksen bryan.derksen@shaw.ca wrote:
I don't consider this scenario likely, though. We _are_ serious about removing libel, we've got powerful policies to that effect, and the site is laden with disclaimers in case we temporarily miss some. I have faith that the legal system is not _completely_ insane, as evidenced by the fact that numerous other sources that could be much more damaging have yet to be sued out of existence.
I think even the Wikipedia Review crowd realizes this, as evidenced by a recent message by Somey that says:
WP is going to have to accept the notion that on an anonymous, publicly-editable website, the very existence of a biographical webpage can and should be considered a form of attack. And ultimately, the trick might be to get the laws changed (internationally, one would hope) to establish that principle specifically. http://wikipediareview.com/index.php?showtopic=7817
So he understands that the present legal system doesn't accept his novel theory that Wikipedia bios = Defamation (no matter what their content), and hence wants to *change* the legal system. And you thought that that crowd was audacious when they demanded that Wikipedia change all its policies to suit them; they actually want to do it to the international legal system. Since such a change would be clearly unconstitutional in the United States (under the First Amendment), he apparently wants a global dictatorship (run by the UN?) that can overrule national laws, courts, and constitutions.
On 3/30/07, Daniel R. Tobias dan@tobias.name wrote:
I think even the Wikipedia Review crowd realizes this, as evidenced by a recent message by Somey that says: WP is going to have to accept the notion that on an anonymous, publicly-editable website, the very existence of a biographical webpage can and should be considered a form of attack ...
... Since such a change would be clearly unconstitutional in the United States (under the First Amendment), he apparently wants a global dictatorship (run by the UN?) that can overrule national laws, courts, and constitutions.
Is Somey's argument such a bad one? Wikipedia biographies can be the cyber equivalent of putting a person in the village stocks. Does the Foundation have a duty of care toward people who end up with biographical pages, in virtue of offering the website, the tools, the policies, and the inadequate policing? Is it foreseeable that our policies and the way we enforce them could harm people? Do individual editors have a duty of care toward people when they create bios about them?
We don't know what a court would decide, and so it might be wise to act before we find out.