On Tue, May 20, 2008 at 4:24 AM, Brian McNeil brian.mcneil@wikinewsie.org wrote:
I deleted the article.
Cary contacted me via Skype late at night and said Mike wanted to talk to me. I forwarded my cellphone number. When I saw the article in question, there was no doubt in my mind that it could readily be construed as actionable libel. Thus, I deleted it.
The Bauer case is more complex. Her article was removed from Wikipedia - as I see it - in a good faith move to encourage the court to throw out her action against WMF. Wikinews reported on this, and that article was quashed. Everyone will be able to see why when - hopefully - the court throws out her allegations against the WMF. In this case the EFF is championing the cause, but rules and guidelines are needed; both to retain S.230 protection and to maintain Wikinews' impartiality.
Brian McNeil
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We'll be able to see why when the court throws out the allegations against WMF? I fail to see what about the Wikinews article would make that less likely to happen, and I certainly don't see what about it would endanger Section 230 protection. Indeed, such things (content created by a site's users and uploaded to the site using its normal mechanisms) are -exactly- what Section 230 protects service providers against liability for. It's a garbage case, so one would hope that the court would throw it out anyway.