[Wikimedia-l] is wikipedia zero illegal because it violates net neutrality?

Martin Rulsch martin.rulsch at wikimedia.de
Wed Aug 28 08:36:23 UTC 2013


> Wikipedia, or at least portions of it, is illegal under many countries'
> laws. Any article showing a swastika, even if it's a neutral article about
> Nazi Germany or the like, is illegal under German law. Probably almost all
> of Wikipedia is illegal under North Korean law.
>
> It cannot reasonably be expected that WMF would follow the laws of every
> country in the world. Wikimedia's infrastructure and staff are located in
> the United States, so WMF must respect US law. No other really is relevant.
>
> I live in the US. I don't follow the laws of Germany, or Iran, or China, in
> my day to day life. Why should I? I'm not subject to them.
>
>
https://en.wikipedia.org/wiki/Strafgesetzbuch_§_86a<https://en.wikipedia.org/wiki/Strafgesetzbuch_%C3%82%C2%A7_86a>:
“(3) Subsection (1) shall not be applicable if the means of propaganda
or
the act serves to further civil enlightenment, to avert unconstitutional
aims, to promote art or science, research or teaching, reporting about
current historical events or similar purposes. […]” Hence, German law of
course allows usage of the swastika in Wikipedia, one of the best places to
further civil enlightenment. Yet, one German left-wing party member, Katina
Schubert ( https://en.wikipedia.org/wiki/Katina_Schubert ), “filed criminal
charges against German Wikipedia […] for featuring Nazi symbols such as the
swastika in its articles [… but] after criticism from other members of her
party, Schubert withdrew her charges.”

Best regards
Martin Rulsch

Btw., great combination of country laws …


More information about the Wikimedia-l mailing list