[WikiEN-l] Analysis of the politics of "Brandt unblocked by Jimbo"

[Seth Finkelstein]

	Let me disclaim that I'm not a lawyer, I have no insider
information, and I could simply be talking through my beard. So take the
following for what it's worth. That being said, here's my analysis:
	  
	Don't stress over it! This is what's called "going through the
motions", or recently, "Kabuki". Both sides want to appear willing to
compromise, and to portray the other as intransigent. Here is what I
conjecture will happen - something along these lines: Brandt will make
edits to his bio that some Wikipedians will find objectionable. Flame
war ensues. Brandt will collect evidence to support a claim that
Wikipedians are a bunch of anonymous harassers. Admins will collect
evidence to support a claim that Brandt is an unreasonable unclean-hands
vexatious litigant. The next move is that after this has gone on for a
while, Jimbo will *PERSONALLY* REBLOCK Brandt, positioning his
ultra-popular, media-connected, well-supported, many lawyer-friends,
self as the primary personal defendant for any lawsuit. This is
amenable to Brandt, since he wants to sue Jimbo personally, not some
front-man. Then stay tuned ...

	I'm not saying this has been worked out in advance in a
collusive fashion. But rather that each side knows what the other
wants, and they've reached a game-theoretic "consensus" over it. So sit
back for the movie, and don't waste your energy over feeling betrayed
by the politics of it (you haven't really been betrayed anyway). See
if I'm right.

	The situation is now out of the hands of anyone but the
top players (Sadly, Wikipedia is *not* yours - whatever locutions
are employed, to a first approximation, it *belongs* to Jimbo and Co.)

	Let me pre-emptively try to deal with Attack Of The Strawmen:

1) Does Jimbo want Brandt to sue?

	No, of course not - "joy shall be in heaven over one sinner
that repenteth ...". Nothing would make him (Jimbo) happier here for
Brandt to see the glorious light of the Wikipedia-way and join in free
labor harmony for the greaterment of all Wikiality. But it's not going
to happen, and that's bloody obvious.

2) Are you claiming there's a backroom deal? I assure you not!

	See above point about each side understanding the other.

3) But Brandt has been such a bad guy, how can Jimbo be so nice now?

	The only thing that Jimbo will say in the near future is peace
and love, grace and forgiveness, let the prodigal be enfolded in the
bosom of the community ... BECAUSE IT'S THE RUN-UP TO A LAWSUIT. The
next act is when he'll say something along the lines of "With a heavy
heart, I have re-blocked Brandt. I gave him every chance, but it was
not to be ..."

4) Wikipedia is immune to all lawsuits by "Section 230"!

	   Well, let's say there's a good case for that proposition,
but it's still not a universally held belief.

[Disclosure: I may write a column on this eventually, so I'm taking notes,
but that would be weeks in the future if it even happens.]

-- 
Seth Finkelstein  Consulting Programmer  http://sethf.com/
Infothought blog - http://sethf.com/infothought/blog/
Interview: http://sethf.com/essays/major/greplaw-interview.php