On 4/21/06, Steve Bennett <stevage(a)gmail.com> wrote:
On 21/04/06, Tony Sidaway <f.crdfa(a)gmail.com>
wrote:
liability for publication by agents of the
provider. A Wikipedia
administrator who uses his special powers to publish defamatory
content or copy copyright-infringing content would tend to advance the
case against Wikipedia for third-party liability.
That would all hinge on whether a "Wikipedia administrator" represents
Wikipedia in any respect. I don't think they do, not more than any
editor does. Taken to its conclusion, you would be saying that user A
writes something horrible on Wikipedia, user B (possibly an admin if
you like) then publishes that in print in 50 magazines, and user A
deletes the horrible remark. Wikipedia is liable for user B's actions?
Legally liable? I would assume not, since most admins have no formal
relationship to the Foundation. It would probably depend on whether
Wikimedia could simultaneously argue that (a) deleting material --
where admins could still access it -- qualified as no longer
publishing it and (b) Wikimedia is not responsible for the actions of
admins who obtain that material.
Having said that, it would still be major egg on our face. "Wikipedia
administrators distribute defamatory material" really isn't a
beneficial type of headline.
Kirill Lokshin