Patrick, Brad wrote:
Greetings:
I am the attorney for the Wikimedia Foundation in the US. I work for
the Board. Among my responsibilities is keeping the Foundation out of
legal trouble and responding to lawsuits, actual and threatened. I have
had a long chat with Eric Moeller about the circumstances that resulted
in his ban (since reverted by someone Being Bold). I also believe that
the misunderstanding, although in good faith, still presented a risk to
the Foundation.
The issue of blocked articles is a complex one, and in many instances
can be the visible result of careful consideration on the part of
Foundation board members, staff, and other admins/bureaucrats/sysops who
have knowledge of the facts and circumstances. Often the community at
large will not have any idea what the facts and underlying
considerations are. Not everything that involves Wikipedia is public,
nor should it be. The typical user or admin doesn't have all the pieces
of the puzzle. Don't let hubris get the better of you.
There may be those of you who have yet to experience the American legal
system in any fashion, save for a movie or two. Dealing with lawsuits
is what I do for a living. Avoiding them is also what I do for a
living. My job is to make sure that the Foundation has the best legal
advice and best options open to it to keep things running smoothly, and
to not land in court unless all other avenues have been exhausted.
The WP:OFFICE policy is still in its infancy. People will challenge it
through their words and actions. Everyone is entitled to his or her
opinion. But I believe everyone who believes in the future success and
sustainability of the project must also recognize the need for judicious
use of confidentiality at the Foundation level. The Foundation officers
and Board members have a fiduciary obligation to the organization, as I
do as a lawyer for my client.
Certain members of the community (and notably, not Mr. Moeller) have
expressed dissatisfaction about WP:OFFICE and its use. There is a
healthy debate yet to be had about it. We can have that debate, but I
also have to make clear that the Foundation's obligations are greater
than loyalty to any one user. Even someone with the history of
contributions to Mr. Moeller.
-BradPatrick
Bradford A. Patrick, Esq.
Fowler White Boggs Banker
501 E. Kennedy Blvd.
Suite 1700
Tampa, FL 33602-5239
bpatrick(a)fowlerwhite.com
Mr. Patrick,
I understand the concerns about the Office action, and how it may have
posed a legal threat to Wikimedia. The issue at stake here, however, is
not "Was the Office action justified?" Rather, I think the problem was,
at a fundamental level, communication. Along the way, it was failed to
be communicated that the action in question was indeed an Office action.
Thus, it was acted upon as if it was not. If Wikimedia feels the need to
issue such an action, should it not be clearly labeled to avoid that
very legal threat to Wikipedia that Danny was attempting to avoid in the
first place? I hope that all involved have learned from the experience,
but I don't think that Erik constitutes a continued threat. His action
was borne of misunderstanding, and actions against him to prevent
further threats are, now that the misunderstanding has been cleared up,
unnecessary. I don't think anyone is questioning the legitimacy of the
Office action here, but I think we all are concerned that a
misunderstanding led to all this. Again, I ask: Should Office actions
not be labeled explicitly as such?
Thanks,
BorgHunter