[WikiEN-l] Wikitruth

[Ray Saintonge]

Tony Sidaway wrote:

>On 4/22/06, Ray Saintonge <saintonge at telus.net> wrote:
>  
>
>>If they infringe copyrigh or engage in defamation they're on their own
>>if they have to defend themselves in court.  Republishing copyvio
>>material is not a violation of GFDL since GFDL could not apply to the
>>original short-lived copyvio.
>>    
>>
>GFDL is a straw man. I'm talking about third party liability.  Suppose
>I grant a servant access to my post, and one day someone sends me a
>copy of the latest Harry Potter novel in an envelope. Having opened
>the envelope and recognised the nature of its contents, I may take
>steps to dispose of it.
>
You have no obligation to destroy the photocopy.  All the servant has 
done is carry the post from where the postman has left it.  How is he to 
know what it contains unless you have authorized him to open it?

>But suppose that, instead of disposing of it, I place it within reach
>of someone whom I have reason to believe may wish to betray me.
>
If you have reason to believe that he would betray you, putting the copy 
where he can easily do as you describe may put you in the role of "agent 
provocateur" to his misdeeds.  That would make you complicit.

>Then I have contributed to any action that may be taken by that person
>to publish the work without authorization.
>
>A similar argument applies to defamation.  The onus is on me, as
>custodian of my own post, to demonstrate that I do not recklessly
>dispose of it.  Whilst I shouldn't be expected to take responsibility
>for any and every illegal act that is perpetrated by my servants, once
>I become aware that such an act may take place, I should take
>reasonable steps to prevent it.  The problem is the word "reasonable".
> If a defamatory statement is published, a plaintiff may well have an
>apprehension that this is because I have been reckless, even if I
>haven't,  and much time and money may be spent by both sides in
>deciding the issue.
>
This smacks of compulsive responsibility.  "Reasonable" allows room for 
those times when everything around you just fucks up, and there really 
is such a person as [[Joe Btfsplk]].  It can be awfully lonely waiting 
at home for the process server that never comes.  Most people who have 
been defamed will be willing to find a quick accomodation.  They don't 
want to spend time in court any more than you do, and they probably want 
the collateral publicity less than you do.

Ec