[Foundation-l] Board meeting in Rotterdam later this week

[teun spaans]

I do recognise that there is a difference between the italian
wikipedia and the what italian citizens are allowed to post to it.

You as a US citizen, working from the US, may write in italian on the
itialian wiki.

All I say is that there migh well be a difference for Italians working
on the italian wiki, doing so from italian territory. We may say on
every page that we are only bound by florida law because the
foundation is registered in florida and the servers are hosted there.
But an italian judge may very well decide to disagree, especially if
the claiment is also italian, and the readers are likely to be in
italy as well. He may decide to take up a case, and the italian
volunteer might be sued despite all our florida claims.

Your edits on the german wiki are probably safe, as you are a us
citizen working from the us. Still, german justice might decide to
pick you up if you should ever decide to visiti germany (not likely,
though)

You do well to separate languages from nationalities. German is also
spoken in Switzerland, Austria, and parts of France and Belgium.
But you cannot say: Because wel claim Florida law apllies to all wiki
projects, Florida law is all an italian wikipedian has to reccon with.

teun

On 1/15/07, David Strauss <david at fourkitchens.com> wrote:
> 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 at 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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> >>
> >>
> >>
> >>
> >
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