[Foundation-l] NLT and UCMJ

[Chad]

The issue was, while it appears to have been incorrect, it /was/ a
friendly notice...at least from my perspective. Dunno how people see
it differently.

Chad

On Jan 3, 2008 6:21 AM, Jussi-Ville Heiskanen <cimonavaro at gmail.com> wrote:
> On 1/3/08, Mike Godwin <mgodwin at wikimedia.org> wrote:
> >
> > I'm probably missing something, but it doesn't seem to me to be a
> > legal threat if one editor notifies another editor that the latter's
> > participation may raise UCMJ or regulations problems.  This is not the
> > same thing as threatening to sue. Nor does it strike me as a legal
> > threat to note that some members of the armed forces may be compelled
> > by UCMJ or related regulation to report on-wiki activity that looks
> > like a serviceman (or servicewoman) violating regulation or policy.
> >
> > To me, a legal threat would look something like this: "If you don't do
> > X (or cease doing Y), then I'm going to report you to the authorities
> > and get you in trouble with your CO."   It would *not* look like
> > this:  "I'm just letting you know that your participation in this way
> > may create problems for you under the UCMJ or regulations, especially
> > because some of us are obligated by that legal framework to report
> > apparent violations."
> >
>
> Yes, you are missing something.
>
> Namely that in the past what has been the focus of the NLT policy is
> the *intent* of the communication, and not how it is phrased. This
> may be problematic in some ways, but the idea has mostly been to
> generally protect people from others that intentionally harrass them,
> or try to use any form of intimidation to bend other editors to their
> will.
>
> If there was no intent to intimidate, but it was genuinely a friendly
> notice, this of course doesn't apply.
>
> --
> Jussi-Ville Heiskanen, ~ [[User:Cimon Avaro]]
>
>
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