In a message dated 4/26/2009 4:00:59 PM Pacific Daylight Time, thomas.dalton@gmail.com writes:
Of course, there is nothing that says you have to sue in the US.>>
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When you sign up you agree to a terms of service which states that Wikipedia operates under Florida law and that you agree to this.
You would first have to prove to any other judge, that either you didn't understand this, or that it's not material to the case.
Many companies do this same thing, I mean have you agree to a contract which states under what jurisdiction you agree to abide. The question is, has anyone successfully shown that such an agreement is arbitrary, capricious and irrelevant?
Will Johnson
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WJhonson@aol.com wrote:
In a message dated 4/26/2009 4:00:59 PM Pacific Daylight Time, thomas.dalton@gmail.com writes:
Of course, there is nothing that says you have to sue in the US.>>
When you sign up you agree to a terms of service which states that Wikipedia operates under Florida law and that you agree to this.
You would first have to prove to any other judge, that either you didn't understand this, or that it's not material to the case.
Many companies do this same thing, I mean have you agree to a contract which states under what jurisdiction you agree to abide. The question is, has anyone successfully shown that such an agreement is arbitrary, capricious and irrelevant?
First of all finding the TOS page is not that easy for a newbie. It would take a great deal of effort even for an experienced Wikipedian. I don't see any link to it on the main page. With many countries the jurisdiction of its courts is established if the offending web page is accessible from that country.
With the headquarters now in California, would even the WMF want such a case to be argued in Florida. The Florida incorporation may be relevant only to some few matters of corporate law. Copyright law is a federal matter.
Ec
2009/4/27 WJhonson@aol.com:
In a message dated 4/26/2009 4:00:59 PM Pacific Daylight Time, thomas.dalton@gmail.com writes:
Of course, there is nothing that says you have to sue in the US.>>
When you sign up you agree to a terms of service which states that Wikipedia operates under Florida law and that you agree to this.
That TOS is between me and the WMF. If I wish to sue the WMF, I will do in Florida, or whatever the TOS say. I'm not talking about suing the WMF, I'm talking about suing re-users that don't follow the license requirements. The TOS has nothing to do with it.
On Mon, Apr 27, 2009 at 8:44 AM, Thomas Dalton thomas.dalton@gmail.comwrote:
2009/4/27 WJhonson@aol.com:
In a message dated 4/26/2009 4:00:59 PM Pacific Daylight Time, thomas.dalton@gmail.com writes:
Of course, there is nothing that says you have to sue in the US.>>
When you sign up you agree to a terms of service which states that Wikipedia operates under Florida law and that you agree to this.
That TOS is between me and the WMF.
Isn't it odd to have a TOS between you and the WMF that the WMF didn't write or agree to?
If an admin comes along and vandalises the TOS, does that bind the WMF and any user that signs up between the time of the vandalism and the time of the revert.
The TOS is editable by any admin, isn't it? Admins aren't agents of the WMF, are they?