You said: "...and the person commits the act from italian territory, and the claiment is italian, an italian judge might well decide to consider the claim..."
I said in my earlier post: "But there's a huge difference between what the Italian Wikipedia can host and what Italian citizens may post to it."
You're not recognizing that difference. You are treating the Italian Wikipedia as if it has an exclusive relationship to people in Italy. Not only do people in Italy edit other Wikipedias in abundance, people outside Italy edit the Italian Wikipedia.
Now, I've personally tinkered around on the German Wikipedia. It makes little sense to have my edits confined by policies assuming German authorship. I'm a U.S. citizen publishing information to a U.S.-hosted site. People in Germany may be the primary readers, but plenty of Germans read the English Wikipedia, too.
Likewise, many people in Germany edit the English Wikipedia. If the German Wikipedia is the only place where policy considers the needs of German editors, German editors of the English Wikipedia may be at risk.
Policies involving legal concepts need to be separated from languages.
teun spaans wrote:
David,
how should that answer my objections?
teun
On 1/15/07, David Strauss david@fourkitchens.com wrote:
teun spaans wrote:
The biggest error I see here is that people are trying to limit language versions of Wikipedia so that they comply with the laws of the country where the language is primarily spoken. But that's fruitless. The Italian Wikipedia (hosted in Florida) isn't under Italian law just because it's in Italian. Nor are Italian citizens liable for something on the Italian Wikipedia just because the page is in Italian.
I politely disagree. When the person doing something has the Italian nationality, and the person commits the act from italian territory, and the claiment is italian, an italian judge might well decide to consider the claim, despite the servers being in the us.
Please read the following two paragraphs from that post; they directly address your objection:
"There seems to be a plausible argument that Italian citizens cannot upload normally copyrighted material under the fair use exception. But there's a huge difference between what the Italian Wikipedia can host and what Italian citizens may post to it.
"And if you think that you can fix the problem by making the Italian Wikipedia have policies that fit within Italian law, what about Italians who edit the English or other Wikipedias? They're not suddenly exempt from Italian law because they're working in another language."
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