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(a)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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