[Foundation-l] Fwd: [WL-News] Wikimedia Foundation in danger of losing immunity under the Communications Decency Act

Mike Godwin mgodwin at wikimedia.org
Sun May 18 14:10:12 UTC 2008


Mark writes:

> It's certainly possible (and I'm not saying this is what happened
> because I have absolutely no idea) that the articles were being
> developed by someone who interviewed people who work for the
> Foundation, and that person was forbidden to submit the articles, or
> told to remove some things.

So far as I can determine, the articles were accessible by anyone in  
the world who was capable of using "Recent changes."

So whatever happened, happened "post-publication" as far as the law  
goes.

I'll note that Wikileaks is wrong to assert that the Foundation  
removed the stories. (And Slashdot is wrong to repeat this  
assertion.)  If that had been our method of operation, I could have  
removed the stories myself. Instead, we went to great lengths to  
explain what our legal concerns were, privately, to representatives of  
the community.

My view continues to be that the Foundation should almost never engage  
in direct editing or removal of project content, except (as in DMCA  
takedown notices) when we are required to do so by law.

Anything else should normally entail engagement of community members.


--Mike



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