[Foundation-l] The Wikimedia Foundation seems to want to repudiate Creative Commons 3.0 article 5, and make text contributors liable for every kind of complaint

Teofilo teofilowiki at gmail.com
Thu Oct 6 14:41:27 UTC 2011


I replied at http://meta.wikimedia.org/wiki/Talk:Terms_of_use#Terms_of_use.2316._Indemnity:_You_don.27t_mean_to_nullify_the_Creative_Commons_terms.2C_do_you_.3F

I think if the Italian Wikipedians fought against an Italian bill of
law trying to make them liable for a large series of complaints, they
should also have a closer look at the draft terms of use prepared by
the Wikimedia Foundation. How much shall the new "Indemnity" clause
cost to Wikipedians ? More or less than the 12000 € fine of the
Italian bill of law ?

> Also posted on the meta page:
>
> You are misunderstanding the interplay between these sections. The
> section of the CC license you quote disclaims warranties; such
> disclaimers have limited applicability and scope, and can't be used to
> avoid liability arising in other ways. Additionally, and obviously,
> nothing in the disclaimer allows the contributor to violate the terms
> of service agreement, and the indemnity clause applies only to such
> violations.
>
> ~Nathan




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