Aphaia です。つづき。
Disclaimers のあとにくる部分です。
■ General Background
This year we have now no legal issues or troubles on any other Japanese projects than Wikipedia (except Wiktionary deletion issue on June, see the below #Legal issues related to ja in 2004).
Situation on ja.wp has not changed from Tomos report on May (User:Tomos/Legal_discussions_on_Japanese_Wikipedia) basically. On processing deletion and blocking/banning the basis of juristic analysis are same, but recently the growth of users has reflected to the current situation. Here I point out some changes.
Decision on deletion and blocking/banning were formerly on full concensus, but now are based on rough consensus. Today it is difficult for ja.wp to reach the full consensus because of its huge population of registered users, although most of decision are made based on full consensus in fact and the request for cancellation of decision are rare in case there were opposite parties.
Certain contributers assert the deletion should be (or is expected to) noticed to the original contributors, in addition to thier agreement in advance at the time their submission. This opinion is partly based on a view of courtesy but also on the legal aspect in relation to a Japanese law, Law of Providers' Responsibility or shortly ISP Law(see the below, #Deletion and ISP Law).
Introduction of ''Terms of Use" which will be applied only to Japanese Wikipedia was proposed in February 2004, when there was no other Japanese project within Wikimedia. The proposed draft of Terms of Use was written in Japanese and discussed during February and March mainly. But the discussion is ceised after then it is still a draft. That draft is linked from MediaWiki:Lastupdate but seldom refered in the community. There is no possibility of further discussion on Terms of Use now. Other Japanese projects have no such discussion on making their own Terms of Use or shared with other projects.
(Aphaia) ■ Deletion and ISP Law
On ja every contributor is expected to read the notices below the edit window including they are consider to give the project full agreement for the possible deletion of their contribution whenever they submit. On the other hand in Japan, Law Concerning Limitation of Damages to Specific Telecommunications Service Provider and Disclosure of Sender Information, so-called ISP Law states that each deletion by the provider against the will of the user who submitted the content is relieved of their resposnsibilities of any compensation for the user concerned with notice 7 days before the deletion, if the deletion is requested by a third party because of legal violation (e.g. copyright). It has been argued if such notice to a certain user is necessary or not, specially the users themselves disagree with the deletion of their submission. In particular this argument has arisen in case users complaint such deletion has no appropriate reason and violates therefore their own right (freedom of expression?) or honor. (Aphaia) ■ Legal issues related to ja in 2004
Until Oct 7 there have been several legal issues on ja, some have already been resolved, others are going-on or uncertain if they are resolved. In this section brief information on each issue is found successively by date. Usernames are only showed for on-going issues. (Aphaia) Apparently Resolved
Suisui will provide details to the board on two issues in another mail. Here I mentioned only when they happened
1. Dec, 2003 - resolved in the early 2004 2. Wiktionary deletion; May, 2004 - resolved on June.
Going-on issues or uncertain if resolved
1. Apr. 2004 Dolfin vs Wikimedia Foundation or "Japanese Wikipedia" 2. Jun. 2004 K.M. vs "Wikipedia Japan"(sic) warned in http://taurus.kake.info.waseda.ac.jp/wikip/joyful/joyful.u.cgi?mode=res&... 3. Sep. 2004 百楽天 vs uncertain in the text; the admin of the BBS (running by an reigistered user of ja)? warind in http://taurus.kake.info.waseda.ac.jp/wikip/joyful/joyful.u.cgi?mode=res&...
(To be continued)