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

Delirium delirium at hackish.org
Wed May 21 21:01:26 UTC 2008


David Gerard wrote:
> 2008/5/21 Todd Allen <toddmallen at gmail.com>:
> 
>>  We'll be able to see why when the court throws out the allegations
>>  against WMF? I fail to see what about the Wikinews article would make
>>  that less likely to happen,
> 
> 
> In a civil action, being seen to play nice is very important indeed
> and gets you lots of points. The courts are perpetually clogged, the
> charges to a litigant for bringing a case are well below what it
> actually costs the taxpayer, and people are very much expected to do
> everything they can to resolve problems before it gets that far.
> Mostly this works. (WMF and its projects have policies of playing nice
> as far as is reasonably possible, not just for this reason but because
> it's important to our reputation and people are scared by how powerful
> we are already.)

Other news organizations (in the U.S. at least) usually take the 
opposite approach, and refuse to take any action at all in response to 
frivolous complaints, lest that simply encourage more frivolous 
complaints. Certainly the New York Times wouldn't retract a story or 
remove it from their website, if they thought there was no legal problem 
with it, simply to "play nice".

-Mark




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