[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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