[Foundation-l] Texts deleted on French Wikisource
Peter Gervai
grinapo at gmail.com
Fri Jun 4 14:06:53 UTC 2010
On Fri, Jun 4, 2010 at 15:54, Mike Godwin <mnemonic at gmail.com> wrote:
> We run an encyclopedia, not a free legal clinic. (By comparison, when I
> worked for EFF, I was actually empowered to give free legal advice to people
> who called in for help.)
Couldn't we then use EFF for this specific occasion? Aren't they willing?
> Peter Gervai writes:
>
> Or we can reasonably expect them to ask for real legal advice from (or
>> paid by) the WMF and _then_ accept the _known_ risk to file a
>> counter-notice.
>>
>
> What happens if they follow the legal advice from WMF and then face
> liability anyway? (This sometimes happens even when the best advice is
> given.)
I'm sure that the advice would've been detailed this possible outcome
as well, weighting its probability.
The problem is that average editor have close to zero knowledge about
the chances; either it's 80% that you'll get sued successfully, 50%
that it's gonna happen or 5% (or maybe 0%).
> WMF is not insured against the malpractice lawsuit that community
> members might bring in that case.
I'm sure you have at least a dozen way to phrase your possible disclaimer. :-)))
But I was mainly referred to the request to people to back up their
claim with counternotices, and why this wasn't realistic. If nobody
can give advice then I don't expect people to take undefined risks.
And I do not expect WMF to be able to give that advice, acknowledged.
We're clearly not equipped for that.
Peter
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