Re: [Foundation-l] Interesting legal action

2011-05-24 Thread Keegan Peterzell
On Mon, May 23, 2011 at 8:58 AM, FT2 ft2.w...@gmail.com wrote:

 I agree with the point you make, but still think it's the right thing.

 Essentially the counter argument boils down to if they don't know there's
 a
 BLP they can't make work for us about it. Whatever is in the BLP will be
 there whether they know it or not. So the question is, is it ethically
 better, and likely to improve quality, if they do know about it? Probably
 yes. We will for sure get some irate replies or requests that we simply
 can't meet (ie demands or expectations that won't work with a neutral
 reference site).  But we will also be recognized as trying to do right in a
 way few other sources do. I don't think that the problem outweighs the
 clear
 benefits of doing so.


I discussed this idea with FT2 at length a little over a year ago on Skype,
a couple hours I think.  This was while I was facilitating the Living
Persons task force on strategy (plug here[1]).

Our resources can only stretch so far, and in my opinion, as expressed
previously in this thread, is that contacting websites/press agents/subjects
directly would create much more discord than to reward.  The noted issues
with explaining, now after invitation, how Wikipedia works and what you
can't do after we've invited you to do it is much more probable than
successful resolution.  Our solutions must be internal, from the Board and
the communities.

1. http://strategy.wikimedia.org/wiki/Task_force/Living_persons  Still
awaiting board approval.


-- 
~Keegan

http://en.wikipedia.org/wiki/User:Keegan
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Re: [Foundation-l] Interesting legal action

2011-05-24 Thread Keegan Peterzell
On Tue, May 24, 2011 at 1:21 AM, Keegan Peterzell keegan.w...@gmail.comwrote:



 On Mon, May 23, 2011 at 8:58 AM, FT2 ft2.w...@gmail.com wrote:

 I agree with the point you make, but still think it's the right thing.

 Essentially the counter argument boils down to if they don't know there's
 a
 BLP they can't make work for us about it. Whatever is in the BLP will be
 there whether they know it or not. So the question is, is it ethically
 better, and likely to improve quality, if they do know about it? Probably
 yes. We will for sure get some irate replies or requests that we simply
 can't meet (ie demands or expectations that won't work with a neutral
 reference site).  But we will also be recognized as trying to do right in
 a
 way few other sources do. I don't think that the problem outweighs the
 clear
 benefits of doing so.


 I discussed this idea with FT2 at length a little over a year ago on Skype,
 a couple hours I think.  This was while I was facilitating the Living
 Persons task force on strategy (plug here[1]).

 Our resources can only stretch so far, and in my opinion, as expressed
 previously in this thread, is that contacting websites/press agents/subjects
 directly would create much more discord than to reward.  The noted issues
 with explaining, now after invitation, how Wikipedia works and what you
 can't do after we've invited you to do it is much more probable than
 successful resolution.  Our solutions must be internal, from the Board and
 the communities.

 1. http://strategy.wikimedia.org/wiki/Task_force/Living_persons  Still
 awaiting board approval.


 --
 ~Keegan

 http://en.wikipedia.org/wiki/User:Keegan


http://strategy.wikimedia.org/wiki/Task_force/Living_People

 Apologies, it seems the lowercase p version didn't get a redirect.  I'll
fix that.
-- 
~Keegan

http://en.wikipedia.org/wiki/User:Keegan
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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread Delirium
On 5/23/11 1:40 AM, Thomas Dalton wrote:
 On 23 May 2011 00:03, FT2ft2.w...@gmail.com  wrote:
 Out of interest, when a BLP is created and not speedy deleted, could we not
 write a standard email to the subject stating that a biographical article
 has been created on them on the online encyclopedia Wikipedia, inviting
 them to review it, explaining what it's about, and pointing them to remedies
 for fixing minor or major issues or requesting deletion? Hearing from us
 might at the very least be seen as us trying to do something right.
 I've not heard that idea before; I like it. We should do that. It
 wouldn't be difficult and would, as you say, show that we are at least
 trying to do the right thing. We would need to be prepared to deal
 with the increased traffic to OTRS that it would inevitably result in,
 but that's not too big a problem.

I don't think it's impossible, but I think finding an email address for 
the average person is going to be harder than you think. I do a good bit 
of email-finding to contact journal-paper authors whose email address 
has changed from the one published in the journal, but especially 
outside of the sciences, this isn't particularly easy. Many professors 
have no websites, and many who do don't have an email address on the 
site. You end up having to dig up the university's find person 
database and search, and sometimes that database isn't even publicly 
available. And for celebrities, they actively go out of their way to 
hide their email. CEOs and similar in the business world usually don't 
have emails publicly listed either.

At the very least, it'd be quite a bit of work, and would probably 
require someone willing to use non-email communication channels, like 
LinkedIn messaging or Twitter or something, to achieve reasonable 
coverage. Might be an interesting experiment.

-Mark


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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread FT2
A specific email address isn't always available but virtually anyone notable
will have a method of contact that can be found fairly quickly.
Businesspeople have a business, academics have their university website,
politicians and high ranking officials have a political website or
governmental office, authors have a publisher, and a vast number of people
have an easily located personal website, agent, or known organization they
are closely affiliated with. Even alleged criminals have a lawyer or a means
of contact. The kind of stuff needed for contact details is almost always
noted in any keepable BLP, or a minute's web searching.

A few may need Twitter, LinkedIn, Facebook, but I suspect not many.  Only a
very small minority will not be easily identified with a means of email or
other direct contact within a few minutes.

Worth it, I think.

FT2



On Mon, May 23, 2011 at 2:02 PM, Delirium delir...@hackish.org wrote:

 On 5/23/11 1:40 AM, Thomas Dalton wrote:
  On 23 May 2011 00:03, FT2ft2.w...@gmail.com  wrote:
  Out of interest, when a BLP is created and not speedy deleted, could we
 not
  write a standard email to the subject stating that a biographical
 article
  has been created on them on the online encyclopedia Wikipedia,
 inviting
  them to review it, explaining what it's about, and pointing them to
 remedies
  for fixing minor or major issues or requesting deletion? Hearing from us
  might at the very least be seen as us trying to do something right.
  I've not heard that idea before; I like it. We should do that. It
  wouldn't be difficult and would, as you say, show that we are at least
  trying to do the right thing. We would need to be prepared to deal
  with the increased traffic to OTRS that it would inevitably result in,
  but that's not too big a problem.

 I don't think it's impossible, but I think finding an email address for
 the average person is going to be harder than you think. I do a good bit
 of email-finding to contact journal-paper authors whose email address
 has changed from the one published in the journal, but especially
 outside of the sciences, this isn't particularly easy. Many professors
 have no websites, and many who do don't have an email address on the
 site. You end up having to dig up the university's find person
 database and search, and sometimes that database isn't even publicly
 available. And for celebrities, they actively go out of their way to
 hide their email. CEOs and similar in the business world usually don't
 have emails publicly listed either.

 At the very least, it'd be quite a bit of work, and would probably
 require someone willing to use non-email communication channels, like
 LinkedIn messaging or Twitter or something, to achieve reasonable
 coverage. Might be an interesting experiment.

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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread Thomas Morton
I'm not so sure. As much as living persons have a history of
raising/catching important errors in their articles, they also take
exception to negative material.

I had one rather protracted issue with a BLP where the individual feels he
has been attacked by other parties and the media for a number of years. He
viewed the associated Wikipedia articles (which were reasonably balanced,
but did include negative information about him) as an extension of that
attack. His attempts to insert his version of the truth caused disruption,
but more importantly it really really upset him.

I can forsee this happening a lot more if we *tell* everyone they have a
biography :)

Sending something like that out is basically an invitation to edit their
biography; and the combination of being a WP newbie, and writing about
themselves is not usually a good one.

If we can address that issue at the same time, then sure, it's a good idea.

Tom

On 23 May 2011 14:28, FT2 ft2.w...@gmail.com wrote:

 A specific email address isn't always available but virtually anyone
 notable
 will have a method of contact that can be found fairly quickly.
 Businesspeople have a business, academics have their university website,
 politicians and high ranking officials have a political website or
 governmental office, authors have a publisher, and a vast number of people
 have an easily located personal website, agent, or known organization they
 are closely affiliated with. Even alleged criminals have a lawyer or a
 means
 of contact. The kind of stuff needed for contact details is almost always
 noted in any keepable BLP, or a minute's web searching.

 A few may need Twitter, LinkedIn, Facebook, but I suspect not many.  Only a
 very small minority will not be easily identified with a means of email or
 other direct contact within a few minutes.

 Worth it, I think.

 FT2



 On Mon, May 23, 2011 at 2:02 PM, Delirium delir...@hackish.org wrote:

  On 5/23/11 1:40 AM, Thomas Dalton wrote:
   On 23 May 2011 00:03, FT2ft2.w...@gmail.com  wrote:
   Out of interest, when a BLP is created and not speedy deleted, could
 we
  not
   write a standard email to the subject stating that a biographical
  article
   has been created on them on the online encyclopedia Wikipedia,
  inviting
   them to review it, explaining what it's about, and pointing them to
  remedies
   for fixing minor or major issues or requesting deletion? Hearing from
 us
   might at the very least be seen as us trying to do something right.
   I've not heard that idea before; I like it. We should do that. It
   wouldn't be difficult and would, as you say, show that we are at least
   trying to do the right thing. We would need to be prepared to deal
   with the increased traffic to OTRS that it would inevitably result in,
   but that's not too big a problem.
 
  I don't think it's impossible, but I think finding an email address for
  the average person is going to be harder than you think. I do a good bit
  of email-finding to contact journal-paper authors whose email address
  has changed from the one published in the journal, but especially
  outside of the sciences, this isn't particularly easy. Many professors
  have no websites, and many who do don't have an email address on the
  site. You end up having to dig up the university's find person
  database and search, and sometimes that database isn't even publicly
  available. And for celebrities, they actively go out of their way to
  hide their email. CEOs and similar in the business world usually don't
  have emails publicly listed either.
 
  At the very least, it'd be quite a bit of work, and would probably
  require someone willing to use non-email communication channels, like
  LinkedIn messaging or Twitter or something, to achieve reasonable
  coverage. Might be an interesting experiment.
 
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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread FT2
I agree with the point you make, but still think it's the right thing.

Essentially the counter argument boils down to if they don't know there's a
BLP they can't make work for us about it. Whatever is in the BLP will be
there whether they know it or not. So the question is, is it ethically
better, and likely to improve quality, if they do know about it? Probably
yes. We will for sure get some irate replies or requests that we simply
can't meet (ie demands or expectations that won't work with a neutral
reference site).  But we will also be recognized as trying to do right in a
way few other sources do. I don't think that the problem outweighs the clear
benefits of doing so.

I'm also inclined to believe innate human decency will help us - a few
people act like jerks but the majority, given a fair explanation, will
appreciate the effort, thank us, understand they are being consulted on any
issues they notice, and try to help.

Maybe we can design a possible email, experiment on a couple of batches of
30 - 50 newly created and older BLPs, and see what happens?

FT2





On Mon, May 23, 2011 at 2:34 PM, Thomas Morton morton.tho...@googlemail.com
 wrote:

 I'm not so sure. As much as living persons have a history of
 raising/catching important errors in their articles, they also take
 exception to negative material.

 I had one rather protracted issue with a BLP where the individual feels he
 has been attacked by other parties and the media for a number of years. He
 viewed the associated Wikipedia articles (which were reasonably balanced,
 but did include negative information about him) as an extension of that
 attack. His attempts to insert his version of the truth caused
 disruption,
 but more importantly it really really upset him.

 I can forsee this happening a lot more if we *tell* everyone they have a
 biography :)

 Sending something like that out is basically an invitation to edit their
 biography; and the combination of being a WP newbie, and writing about
 themselves is not usually a good one.

 If we can address that issue at the same time, then sure, it's a good idea.

 Tom

 On 23 May 2011 14:28, FT2 ft2.w...@gmail.com wrote:

  A specific email address isn't always available but virtually anyone
  notable
  will have a method of contact that can be found fairly quickly.
  Businesspeople have a business, academics have their university website,
  politicians and high ranking officials have a political website or
  governmental office, authors have a publisher, and a vast number of
 people
  have an easily located personal website, agent, or known organization
 they
  are closely affiliated with. Even alleged criminals have a lawyer or a
  means
  of contact. The kind of stuff needed for contact details is almost always
  noted in any keepable BLP, or a minute's web searching.
 
  A few may need Twitter, LinkedIn, Facebook, but I suspect not many.  Only
 a
  very small minority will not be easily identified with a means of email
 or
  other direct contact within a few minutes.
 
  Worth it, I think.
 
  FT2
 
 
 
  On Mon, May 23, 2011 at 2:02 PM, Delirium delir...@hackish.org wrote:
 
   On 5/23/11 1:40 AM, Thomas Dalton wrote:
On 23 May 2011 00:03, FT2ft2.w...@gmail.com  wrote:
Out of interest, when a BLP is created and not speedy deleted, could
  we
   not
write a standard email to the subject stating that a biographical
   article
has been created on them on the online encyclopedia Wikipedia,
   inviting
them to review it, explaining what it's about, and pointing them to
   remedies
for fixing minor or major issues or requesting deletion? Hearing
 from
  us
might at the very least be seen as us trying to do something
 right.
I've not heard that idea before; I like it. We should do that. It
wouldn't be difficult and would, as you say, show that we are at
 least
trying to do the right thing. We would need to be prepared to deal
with the increased traffic to OTRS that it would inevitably result
 in,
but that's not too big a problem.
  
   I don't think it's impossible, but I think finding an email address for
   the average person is going to be harder than you think. I do a good
 bit
   of email-finding to contact journal-paper authors whose email address
   has changed from the one published in the journal, but especially
   outside of the sciences, this isn't particularly easy. Many professors
   have no websites, and many who do don't have an email address on the
   site. You end up having to dig up the university's find person
   database and search, and sometimes that database isn't even publicly
   available. And for celebrities, they actively go out of their way to
   hide their email. CEOs and similar in the business world usually don't
   have emails publicly listed either.
  
   At the very least, it'd be quite a bit of work, and would probably
   require someone willing to use non-email communication channels, like
   LinkedIn 

[Foundation-l] Interesting legal action

2011-05-23 Thread WereSpielChequers
My experience at
http://en.wikipedia.org/wiki/Wikipedia:Database_reports/Living_people_on_EN_wiki_who_are_dead_on_other_wikis
is that however famous a sportsperson was in the 40s, 50s and 60s,
getting a reliable source to confirm their death is not always easy.
Hence we have quite a backlog where a non-English wikipedia thinks
someone is dead but we don't yet have a reliable source to justify
changing EN wiki. I'm pretty sure that an email address for the same
age group would be much harder, especially if they are still alive and
have not yet had an obituary published about them; or we don't have
anyone in the relevant task group who is confident to deal with
sources in that particular language.

People notable for a something in the last year or two probably would
be easier to get hold of, but I don't think the proposal is only for
these unspecified volunteers to do this where it is easy to do so.


WereSpielChequers

 Message: 3
 Date: Mon, 23 May 2011 14:28:11 +0100
 From: FT2 ft2.w...@gmail.com
 Subject: Re: [Foundation-l] Interesting legal action
 To: Wikimedia Foundation Mailing List
        foundation-l@lists.wikimedia.org
 Message-ID: BANLkTinaY0mykAd_-C-wOG=jr_+qoh2...@mail.gmail.com
 Content-Type: text/plain; charset=UTF-8

 A specific email address isn't always available but virtually anyone notable
 will have a method of contact that can be found fairly quickly.
 Businesspeople have a business, academics have their university website,
 politicians and high ranking officials have a political website or
 governmental office, authors have a publisher, and a vast number of people
 have an easily located personal website, agent, or known organization they
 are closely affiliated with. Even alleged criminals have a lawyer or a means
 of contact. The kind of stuff needed for contact details is almost always
 noted in any keepable BLP, or a minute's web searching.

 A few may need Twitter, LinkedIn, Facebook, but I suspect not many.  Only a
 very small minority will not be easily identified with a means of email or
 other direct contact within a few minutes.

 Worth it, I think.

 FT2




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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread Chris Keating
Regarding the original point about superinjunctions, an MP has named Ryan
Giggs in the House of Commons and this is being widely reported in the
British media.

The superinjunction will be gone by the end of the afternoon.

http://news.sky.com/skynews/Home/UK-News/Video-MP-Names-Footballer-At-Centre-Of-Gagging-Order-In-House-Of-Commons/Article/201105415997439?lpos=UK_News_Carousel_Region_1lid=ARTICLE_15997439_Video%3A_MP_Names_Footballer_At_Centre_Of_Gagging_Order_In_House_Of_Commons
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Re: [Foundation-l] Interesting legal action

2011-05-23 Thread Fred Bauder
 Regarding the original point about superinjunctions, an MP has named Ryan
 Giggs in the House of Commons and this is being widely reported in the
 British media.

 The superinjunction will be gone by the end of the afternoon.


Yet, this remains true:

The judge said: It has never been suggested, of course, that there is
any legitimate public interest, in the traditional sense, in publishing
this information.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread ????
On 21/05/2011 23:09, Sarah wrote:
 On Sat, May 21, 2011 at 16:01, Riskerrisker...@gmail.com  wrote:
 As to the comments from MZMcBride and Sarah, I would like to see a
 significantly higher minimal level of notability for BLPs.  In the past few
 years of working with the Arbitration Committee, I have seen literally
 thousands of BLPs that easily meet the current notability standards, but

 have been turned into coatracks to highlight a particular belief of the
 subject (whether or not that is why they are notable), to self-aggrandize,
 to attach all the negative information that can be found about the subject
 regardless of its comparative triviality.

 Worse yet are the ones that are userfied instead of deleted, or never even
 made it into article space; they often come up as top google hits for the
 subject, because Google crawls user space.  (They don't seem to crawl user
 talk or article talk, or if they do, they do not include them in their
 results.)

 A huge percentage of the BLP problems I've seen in the last six years
 have been vanity articles. Raising the notability bar would help to
 resolve that.



There are many core problems that affect this issue. One of which is 
'Verifiability not truth' which seems a laudable concept when applied to 
hearsay, and to allow articles on the paranormal etc. But is often used 
in BLP articles to justify including untruths, rumours, and to repeat 
slurs about someone, that happen to have a source that can be verified.


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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Chris Keating
Well, the CTB Superinjunction is now broken in a number of places on
en.wikipedia.

So there we go.
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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Chris Keating
Also rather interestingly, it appears that a Scottish newspaper has revealed
the identity of the footballer in question, on the grounds that English
superinjunctions don't apply in Scotland.

Perhaps the WMF should open an office in Edinburgh, if London is too risky
;-)

Chris
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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread FT2
Dead wood has been suggested, but I strongly disagree with it. While there
are issues and it needs careful work (nobody's denying that) I'm not seeing
hard evidence that so many BLPs - even minor BLPs - are the train wreck that
some represent nor as hard to manage as some portray.

What I wouldn't mind seeing is one of three easy ways to improve BLPs:

   - *Creation limited to editors with some kind of non-trivial track record
   * (and a suggestion/request mechanism so IP users and newer editors
   lacking that record can contribute suggestions)
   - *Creation of BLPs always in some kind of [[Draft:]] namespace or BLP
   incubator* that's NOINDEXed and not allowed into mainspace until of a
   reasonable quality of sourcing and balance, with [[Draft:]] articles removed
   or blanked after 10 or 14 days of inactivity.
   - *Community support for the principle behind notability*, rather than
   the lazy version. Too many users still assume that verifiability + coverage
   = notability. Notability is a *proxy measure* for enduring or lasting
   significance -- not just brief coverage, promotional coverage, minor or
   transient coverage, coverage that doesn't speak to lasting human cultural
   significance. More emphasis on questioning whether a subject really has true
   historic significance as a reference item, and less reliance on a mention
   here or there, would probably help.

We're in a world of changing data and information. We need to be responsive
as well as high quality, and we do that best in the same way that the whole
project was created - by innovating ways to achieve it. If BLP's are not
satisfactory then we develop and learn how to do BLP's well. Not by merely
refusing to host biographies under the same content standards as other
content. Not really inclined to endorse defeatism.

FT2



On Sat, May 21, 2011 at 10:08 PM, Sarah slimvir...@gmail.com wrote:

 We could solve that by hosting only BLPs that have already had
 encyclopedic or extensive treatment elsewhere, i.e. have already been
 the subject of (a) an encyclopedia article; or (b) a book or book
 chapter from a reliable publisher; or (c) a profile or in-depth piece
 in a high-quality newspaper (one about the person, not about events
 the person was involved in).

 I know this has been suggested before, but it's coming time to
 consider it seriously.


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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread WJhonson
In a message dated 5/22/2011 1:35:51 AM Pacific Daylight Time, 
wiki-l...@phizz.demon.co.uk writes:


 There are many core problems that affect this issue. One of which is 
 'Verifiability not truth' which seems a laudable concept when applied to 
 hearsay, and to allow articles on the paranormal etc. But is often used 
 in BLP articles to justify including untruths, rumours, and to repeat 
 slurs about someone, that happen to have a source that can be verified.
 
 

Truth is elusive.  Many people define Truth to suit themselves.
We're not in a position to be judge, defense and jury.  So we should not 
try.
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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread geni
On 22 May 2011 11:58, Chris Keating chriskeatingw...@gmail.com wrote:
 Also rather interestingly, it appears that a Scottish newspaper has revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

I rather doubt that is their legal position. There is past clase law
suggesting that really wont work. More practically they are likely
betting the CTB thing wont last beyond Monday on the basis that at
this point there are hermits in central wales who know who CTB is.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Fred Bauder
 On 22 May 2011 11:58, Chris Keating chriskeatingw...@gmail.com wrote:
 Also rather interestingly, it appears that a Scottish newspaper has
 revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 I rather doubt that is their legal position. There is past clase law
 suggesting that really wont work. More practically they are likely
 betting the CTB thing wont last beyond Monday on the basis that at
 this point there are hermits in central wales who know who CTB is.

 --
 geni


Nevertheless, when the minimum bet at a table is 100,000 pounds it is
wiser to watch than to play. There is no way deliberate calculated
violation of an injunction will be viewed favorably, at least initially.
An adverse decision may be overturned or enforceable, but it is an
expensive game.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Dan Collins
On Fri, May 20, 2011 at 6:14 PM, Thomas Morton
morton.tho...@googlemail.com wrote:
 Also; hard to see anyone suing you for communicating the info for the
 purposes of supressing it :-)

 Tom Morton

A few years ago, I would have said the same about communicating the
info for the purposes of free press.

--Dan

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Thomas Dalton
On 22 May 2011 17:22, geni geni...@gmail.com wrote:
 On 22 May 2011 11:58, Chris Keating chriskeatingw...@gmail.com wrote:
 Also rather interestingly, it appears that a Scottish newspaper has revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 I rather doubt that is their legal position. There is past clase law
 suggesting that really wont work. More practically they are likely
 betting the CTB thing wont last beyond Monday on the basis that at
 this point there are hermits in central wales who know who CTB is.

I agree. The only legal argument that stands any chance of success is
that CTB's identity is now common knowledge so the injunction is moot.
Whether that argument will succeed or not, I don't know, although
there's a good chance it will never actually get as far as a day in
court.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread ????
On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

The editors aren't safe though. JW was on the BBC radio yesterday saying 
that the WMF would hand over IP addresses if asked by the courts.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Sarah
On Sun, May 22, 2011 at 11:00,  wiki-l...@phizz.demon.co.uk wrote:
 On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

 The editors aren't safe though. JW was on the BBC radio yesterday saying
 that the WMF would hand over IP addresses if asked by the courts.

Jimbo said the Foundation would hand over the IP addresses of
Wikipedians if asked by a British court because of these injunctions?

Did he actually say that, and if so when did the Foundation decide this?

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Sarah
On Sat, May 21, 2011 at 21:22, Philippe Beaudette
phili...@wikimedia.org wrote:
 I asked Christine to do a quick scan, what follows is her response:

 *There isn't an exact BLP queue in OTRS; there is one for overall quality
 (called, what else, Quality) which is where a lot of the BLP concerns go, as
 they are quality issues.

 Of the current tickets in the queue, not quite half are BLP related (96 out
 of 209).

 Of those BLP tickets, about 15% of them mention being attacked/articles
 being biased or slanted.  I didn't do any deep research into whether the
 accounts are true or not; this is merely the perception of the person
 writing in, which is the most relevant measure for the topic currently under
 discussion.

 *
 *Also of those BLP tickets, the same percentage specifically mention
 libelous information, slander, etc.  *
 *
 *
 Hope that helps,
 pb

Thank you, Philippe, this is very helpful.

Would it make sense to set up a separate living persons queue to
make it easier to keep track?

The BLP problem is a very divisive one on the English Wikipedia, but
it's not entirely clear how grounded it is in fact. Sometimes we're
told OTRS is overwhelmed by the number of BLP complaints, but no
figures are given.

Some hard stats -- X number of complaints concerning Y number of
articles within time T, of which Z were actionable -- would be very
useful.

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread ????
On 22/05/2011 19:32, Sarah wrote:
 On Sun, May 22, 2011 at 11:00, wiki-l...@phizz.demon.co.uk  wrote:
 On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

 The editors aren't safe though. JW was on the BBC radio yesterday saying
 that the WMF would hand over IP addresses if asked by the courts.

 Jimbo said the Foundation would hand over the IP addresses of
 Wikipedians if asked by a British court because of these injunctions?



BBC radio4 5pm news. Didn't hear the full interview as I'd just parked 
up for comfort break.



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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Sarah
On Sun, May 22, 2011 at 13:33,  wiki-l...@phizz.demon.co.uk wrote:
 On 22/05/2011 19:32, Sarah wrote:
 On Sun, May 22, 2011 at 11:00, wiki-l...@phizz.demon.co.uk  wrote:
 On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has 
 revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

 The editors aren't safe though. JW was on the BBC radio yesterday saying
 that the WMF would hand over IP addresses if asked by the courts.

 Jimbo said the Foundation would hand over the IP addresses of
 Wikipedians if asked by a British court because of these injunctions?



 BBC radio4 5pm news. Didn't hear the full interview as I'd just parked
 up for comfort break.

Given that he said a few days ago that privacy laws were a
human-rights violation, http://www.bbc.co.uk/news/technology-13372839
I'd be surprised if he now said the Foundation would just cave in and
hand over IP addresses in relation to them.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Thomas Dalton
On 22 May 2011 20:39, Sarah slimvir...@gmail.com wrote:
 On Sun, May 22, 2011 at 13:33,  wiki-l...@phizz.demon.co.uk wrote:
 On 22/05/2011 19:32, Sarah wrote:
 On Sun, May 22, 2011 at 11:00, wiki-l...@phizz.demon.co.uk  wrote:
 On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has 
 revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

 The editors aren't safe though. JW was on the BBC radio yesterday saying
 that the WMF would hand over IP addresses if asked by the courts.

 Jimbo said the Foundation would hand over the IP addresses of
 Wikipedians if asked by a British court because of these injunctions?



 BBC radio4 5pm news. Didn't hear the full interview as I'd just parked
 up for comfort break.

 Given that he said a few days ago that privacy laws were a
 human-rights violation, http://www.bbc.co.uk/news/technology-13372839
 I'd be surprised if he now said the Foundation would just cave in and
 hand over IP addresses in relation to them.

Well, whatever he meant, it isn't his decision. The WMF's legal dept
has recently published their draft policies, which includes one on
subpoenas [1]. It basically says that, unless lives are at stake, they
will only comply with US subpoenas. For US subpoenas, they'll decide
whether to comply with or contest them based on the facts presented to
them. Of course, if they contest a US subpoena unsuccessfully, they
have no choice but to comply with it.

1. http://meta.wikimedia.org/wiki/Legal/Legal_Policies#Subpoenas

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Fred Bauder

 Well, whatever he meant, it isn't his decision. The WMF's legal dept
 has recently published their draft policies, which includes one on
 subpoenas [1]. It basically says that, unless lives are at stake, they
 will only comply with US subpoenas. For US subpoenas, they'll decide
 whether to comply with or contest them based on the facts presented to
 them. Of course, if they contest a US subpoena unsuccessfully, they
 have no choice but to comply with it.

 1. http://meta.wikimedia.org/wiki/Legal/Legal_Policies#Subpoenas

I read that rather differently; to me what it says is that they will make
an optimum response tailored to the situation presented.

I'm not sure that would include refusing to release the ip address of an
account on the warpath against superinjunctions.

There is a distinction between trying, and perhaps failing, to comply and
aggressive defiance.

By the way, I think this NYTs article:

https://www.nytimes.com/2011/05/22/us/22gossip.html?ref=todayspaper

The Gossip Machine, Churning Out Cash

may be of some relevance. I don't think we should pander in this way,
regardless of public interest by the public, the media, or our editors.
Perhaps just a note on any article about a celebrity that there is public
interest by the tabloids in their personal affairs.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Andrew Gray
On 22 May 2011 19:58, Sarah slimvir...@gmail.com wrote:

 The BLP problem is a very divisive one on the English Wikipedia, but
 it's not entirely clear how grounded it is in fact. Sometimes we're
 told OTRS is overwhelmed by the number of BLP complaints, but no
 figures are given.

 Some hard stats -- X number of complaints concerning Y number of
 articles within time T, of which Z were actionable -- would be very
 useful.

Some figures Amory Meltzer and I came up with in 2010:

In a single week in late 2009, we got an average of 40-50 active
tickets per day - not spam, not people thinking we were someone else,
etc. 15% of those were about BLP issues. If we look *only* at tickets
about specific article issues (removing the general WP/WMF-related
enquiries and normal vandalism reports), BLP tickets made up 30% of
the traffic. Making an estimate for recurring cases, this suggests we
get contacted regarding 2,000 to 2,500 BLP issues per year. I don't
have any figures on actionability, I'm afraid, but it's an intriguing
question...

The vast majority of these were regarding one specific BLP article; a
couple were BLP issues on non-BLP articles, usually companies and
towns. All told, BLP articles proportionally generated about two to
three times more issues than other content.

The interesting aspect here is that two-thirds of BLP issues are
reported by the subject, or by someone close to or involved with the
subject (a relative, colleague, agent, etc). If we look *only* at
third-party reports, BLPs seem to generate about as much traffic as
any other content. The same held for looking solely at normal
vandalism reports - 15%. Read what you will into that one... my
personal interpretation is that BLP failings were more likely to be
seen and more likely to cause some kind of real or perceived harm,
leading to a greater response rate.

From the *workload* perspective, however, whilst BLPs only make up
~15% of traffic, they take up substantially more time and effort. My
initial estimate was that they take up at least half the editor-hours
put into handling OTRS tickets; it would be hard to quantify this
without some fairly detailed surveys, but it feels right.

Writing to someone involved with the issue personally is always more
complicated, especially if they're - justifiably - angry or worried
about the situation. The problems are often quite complex, so can sit
longer while people consider how to approach the issue, and are more
likely to involve (long-term) onwiki followup, or require multiple
rounds of correspondence.

As a result, I suspect my 30% of article issues and Christine's 45%
are closer than they might seem - there's an unusually large backlog
of tickets this past month, compared to the situation a few months
ago, and so a count based on still open will suggest more of them
than actually come in on a daily basis.

Regarding a separate BLP queue, we found that a significant number of
tickets get handled in the wrong queues, because it's often simpler
for someone to respond to the email wherever it's come in rather than
move the ticket and then respond to it. Which is perfectly fine, of
course - a response goes out and everyone's happy - but it does mean
that the response data categorised by queue is often fairly
inaccurate. For meaningful data on any particular class of tickets,
you'd probably have to sample.

Apologies for the length, but hopefully that's of some use!

-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread David Gerard
On 22 May 2011 23:03, Andrew Gray andrew.g...@dunelm.org.uk wrote:

 Writing to someone involved with the issue personally is always more
 complicated, especially if they're - justifiably - angry or worried
 about the situation. The problems are often quite complex, so can sit
 longer while people consider how to approach the issue, and are more
 likely to involve (long-term) onwiki followup, or require multiple
 rounds of correspondence.


FWIW: when I talk to press, etc. about this, I say I can't promise a
particular result, but I can promise someone will take it seriously.
Which I suspect is what people hope for, really. Remember that we are
big, scary and mysterious from the outside.


- d.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Thomas Morton
  my personal interpretation is that BLP failings were more likely to
be seen and more likely to cause some kind of real or perceived
harm, leading to a greater response rate.

I suppose that if your a notable figure... you probably take a look to see
if a Wikipedia article exists... and even money says you won't like what you
find.

Other subject don't quite have the personal connection :)

Tom

On 22 May 2011 23:03, Andrew Gray andrew.g...@dunelm.org.uk wrote:

 On 22 May 2011 19:58, Sarah slimvir...@gmail.com wrote:

  The BLP problem is a very divisive one on the English Wikipedia, but
  it's not entirely clear how grounded it is in fact. Sometimes we're
  told OTRS is overwhelmed by the number of BLP complaints, but no
  figures are given.
 
  Some hard stats -- X number of complaints concerning Y number of
  articles within time T, of which Z were actionable -- would be very
  useful.

 Some figures Amory Meltzer and I came up with in 2010:

 In a single week in late 2009, we got an average of 40-50 active
 tickets per day - not spam, not people thinking we were someone else,
 etc. 15% of those were about BLP issues. If we look *only* at tickets
 about specific article issues (removing the general WP/WMF-related
 enquiries and normal vandalism reports), BLP tickets made up 30% of
 the traffic. Making an estimate for recurring cases, this suggests we
 get contacted regarding 2,000 to 2,500 BLP issues per year. I don't
 have any figures on actionability, I'm afraid, but it's an intriguing
 question...

 The vast majority of these were regarding one specific BLP article; a
 couple were BLP issues on non-BLP articles, usually companies and
 towns. All told, BLP articles proportionally generated about two to
 three times more issues than other content.

 The interesting aspect here is that two-thirds of BLP issues are
 reported by the subject, or by someone close to or involved with the
 subject (a relative, colleague, agent, etc). If we look *only* at
 third-party reports, BLPs seem to generate about as much traffic as
 any other content. The same held for looking solely at normal
 vandalism reports - 15%. Read what you will into that one... my
 personal interpretation is that BLP failings were more likely to be
 seen and more likely to cause some kind of real or perceived harm,
 leading to a greater response rate.

 From the *workload* perspective, however, whilst BLPs only make up
 ~15% of traffic, they take up substantially more time and effort. My
 initial estimate was that they take up at least half the editor-hours
 put into handling OTRS tickets; it would be hard to quantify this
 without some fairly detailed surveys, but it feels right.

 Writing to someone involved with the issue personally is always more
 complicated, especially if they're - justifiably - angry or worried
 about the situation. The problems are often quite complex, so can sit
 longer while people consider how to approach the issue, and are more
 likely to involve (long-term) onwiki followup, or require multiple
 rounds of correspondence.

 As a result, I suspect my 30% of article issues and Christine's 45%
 are closer than they might seem - there's an unusually large backlog
 of tickets this past month, compared to the situation a few months
 ago, and so a count based on still open will suggest more of them
 than actually come in on a daily basis.

 Regarding a separate BLP queue, we found that a significant number of
 tickets get handled in the wrong queues, because it's often simpler
 for someone to respond to the email wherever it's come in rather than
 move the ticket and then respond to it. Which is perfectly fine, of
 course - a response goes out and everyone's happy - but it does mean
 that the response data categorised by queue is often fairly
 inaccurate. For meaningful data on any particular class of tickets,
 you'd probably have to sample.

 Apologies for the length, but hopefully that's of some use!

 --
 - Andrew Gray
   andrew.g...@dunelm.org.uk

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread Thomas Dalton
On 23 May 2011 00:03, FT2 ft2.w...@gmail.com wrote:
 Out of interest, when a BLP is created and not speedy deleted, could we not
 write a standard email to the subject stating that a biographical article
 has been created on them on the online encyclopedia Wikipedia, inviting
 them to review it, explaining what it's about, and pointing them to remedies
 for fixing minor or major issues or requesting deletion? Hearing from us
 might at the very least be seen as us trying to do something right.

I've not heard that idea before; I like it. We should do that. It
wouldn't be difficult and would, as you say, show that we are at least
trying to do the right thing. We would need to be prepared to deal
with the increased traffic to OTRS that it would inevitably result in,
but that's not too big a problem.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread jokarwilis2005
My blog is my hobby
http://sdgunung03.blogspot.com
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-Original Message-
From: Thomas Dalton thomas.dal...@gmail.com
Sender: foundation-l-boun...@lists.wikimedia.org
Date: Mon, 23 May 2011 00:40:10 
To: Wikimedia Foundation Mailing Listfoundation-l@lists.wikimedia.org
Reply-To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Subject: Re: [Foundation-l] Interesting legal action

On 23 May 2011 00:03, FT2 ft2.w...@gmail.com wrote:
 Out of interest, when a BLP is created and not speedy deleted, could we not
 write a standard email to the subject stating that a biographical article
 has been created on them on the online encyclopedia Wikipedia, inviting
 them to review it, explaining what it's about, and pointing them to remedies
 for fixing minor or major issues or requesting deletion? Hearing from us
 might at the very least be seen as us trying to do something right.

I've not heard that idea before; I like it. We should do that. It
wouldn't be difficult and would, as you say, show that we are at least
trying to do the right thing. We would need to be prepared to deal
with the increased traffic to OTRS that it would inevitably result in,
but that's not too big a problem.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread jokarwilis2005
My blog is my hobby
http://sdgunung03.blogspot.com

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-Original Message-
From:  wiki-l...@phizz.demon.co.uk
Sender: foundation-l-boun...@lists.wikimedia.org
Date: Sun, 22 May 2011 22:46:00 
To: fredb...@fairpoint.net; Wikimedia Foundation Mailing 
Listfoundation-l@lists.wikimedia.org
Reply-To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Subject: Re: [Foundation-l] Interesting legal action

On 22/05/2011 21:04, Fred Bauder wrote:


 By the way, I think this NYTs article:

 https://www.nytimes.com/2011/05/22/us/22gossip.html?ref=todayspaper

 The Gossip Machine, Churning Out Cash

 may be of some relevance. I don't think we should pander in this way,
 regardless of public interest by the public, the media, or our editors.
 Perhaps just a note on any article about a celebrity that there is public
 interest by the tabloids in their personal affairs.


The Gossip Machine, Churning Out Cash: an article where paragraph 
after paragraph is ... wait for it ... gossip.

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread jokarwilis2005
My blog is my hobby
http://sdgunung03.blogspot.com
Powered by Telkomsel BlackBerry®

-Original Message-
From: Sarah slimvir...@gmail.com
Sender: foundation-l-boun...@lists.wikimedia.org
Date: Sun, 22 May 2011 16:32:06 
To: Wikimedia Foundation Mailing Listfoundation-l@lists.wikimedia.org
Reply-To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Subject: Re: [Foundation-l] Interesting legal action

On Sun, May 22, 2011 at 16:03, Andrew Gray andrew.g...@dunelm.org.uk wrote:
 On 22 May 2011 19:58, Sarah slimvir...@gmail.com wrote:

 The BLP problem is a very divisive one on the English Wikipedia, but
 it's not entirely clear how grounded it is in fact. Sometimes we're
 told OTRS is overwhelmed by the number of BLP complaints, but no
 figures are given.

 Some hard stats -- X number of complaints concerning Y number of
 articles within time T, of which Z were actionable -- would be very
 useful.

 ... In a single week in late 2009, we got an average of 40-50 active
 tickets per day - not spam, not people thinking we were someone else,
 etc. 15% of those were about BLP issues. If we look *only* at tickets
 about specific article issues (removing the general WP/WMF-related
 enquiries and normal vandalism reports), BLP tickets made up 30% of
 the traffic. Making an estimate for recurring cases, this suggests we
 get contacted regarding 2,000 to 2,500 BLP issues per year. I don't
 have any figures on actionability, I'm afraid, but it's an intriguing
 question...

It's very helpful, Andrew, thank you.

I'd like to see some kind of confidential reporting system for BLP
issues, because a lot aren't channeled through OTRS. But because we
have no way of recording them, the extent of the problem is unknown.

It would have to be confidential, so as not to draw attention to the
articles. A Foundation email address would suffice, where we report
that someone complained about [[Article X]]. Sometimes it's as simple
as receiving an email request to remove a date of birth, but the point
is we have caused that person worry. I would like to know how much
worry we are causing the subjects of our articles.

And yes, I take your point about how long it can take to resolve these
things. I've been involved in non-OTRS BLP issues, and people need a
lot of reassurance, so it can be very time-consuming.

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-22 Thread jokarwilis2005
My blog is my hobby
http://sdgunung03.blogspot.com
Powered by Telkomsel BlackBerry®

-Original Message-
From: Sarah slimvir...@gmail.com
Sender: foundation-l-boun...@lists.wikimedia.org
Date: Sun, 22 May 2011 13:39:46 
To: Wikimedia Foundation Mailing Listfoundation-l@lists.wikimedia.org
Reply-To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Subject: Re: [Foundation-l] Interesting legal action

On Sun, May 22, 2011 at 13:33,  wiki-l...@phizz.demon.co.uk wrote:
 On 22/05/2011 19:32, Sarah wrote:
 On Sun, May 22, 2011 at 11:00, wiki-l...@phizz.demon.co.uk  wrote:
 On 22/05/2011 11:58, Chris Keating wrote:
 Also rather interestingly, it appears that a Scottish newspaper has 
 revealed
 the identity of the footballer in question, on the grounds that English
 superinjunctions don't apply in Scotland.

 Perhaps the WMF should open an office in Edinburgh, if London is too risky
 ;-)

 The editors aren't safe though. JW was on the BBC radio yesterday saying
 that the WMF would hand over IP addresses if asked by the courts.

 Jimbo said the Foundation would hand over the IP addresses of
 Wikipedians if asked by a British court because of these injunctions?



 BBC radio4 5pm news. Didn't hear the full interview as I'd just parked
 up for comfort break.

Given that he said a few days ago that privacy laws were a
human-rights violation, http://www.bbc.co.uk/news/technology-13372839
I'd be surprised if he now said the Foundation would just cave in and
hand over IP addresses in relation to them.

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Sarah
On Fri, May 20, 2011 at 20:19, Wjhonson wjhon...@aol.com wrote:

  It is not up to us to decide that something is private.  If it's been 
 published, then it is public.
 If it's been published in a reliable source, than it's useable in our project.

But not everything that's usable has to be used. I'm increasingly
wondering whether we should be hosting any BLPs, because these are
often difficult decisions to make -- at which point there is
legitimate public interest in a person's private life -- and they
can't be reached thoughtfully in an open-editing environment.

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Thomas Morton
Our BLP policy is pretty solid, and the editors that enforce it are pretty
good at keeping out the crap  :) We can always improve it, of course. And
there are never enough BLP editors. (There are probably about 5 or 6 that
specialise heavily in such content).

Most of the outstanding issues are with current events (not to blow my own
trumpet but see:
http://en.wikipedia.org/wiki/User:ErrantX/Current_events_and_BLP), which
tend to attract enough non-BLP experienced editors to overrule them
(leading to articles with content that we don't really need/want).

IMO it's far from the point that hosting BLP's is more harm than it is
worth.

Tom

On 21 May 2011 14:21, Sarah slimvir...@gmail.com wrote:

 On Fri, May 20, 2011 at 20:19, Wjhonson wjhon...@aol.com wrote:
 
   It is not up to us to decide that something is private.  If it's been
 published, then it is public.
  If it's been published in a reliable source, than it's useable in our
 project.
 
 But not everything that's usable has to be used. I'm increasingly
 wondering whether we should be hosting any BLPs, because these are
 often difficult decisions to make -- at which point there is
 legitimate public interest in a person's private life -- and they
 can't be reached thoughtfully in an open-editing environment.

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Marco Chiesa
On 5/20/11, Fred Bauder fredb...@fairpoint.net wrote:

 Please mail User:Oversight with any such instance you are aware of. We do
 suppress any mention of a superinjunction, as the assertion that there is
 embarrassing personal information sufficient to support issuance of a
 superinjunction is defaming.


Is there any project which allows usernames such as Administrator,
Bureaucrat, Oversight or Steward? Isn't that confused and probably not
allowed? Or which project allows a user name for more than one person?

Cruccone

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread David Gerard
On 21 May 2011 14:39, Marco Chiesa chiesa.ma...@gmail.com wrote:

 Is there any project which allows usernames such as Administrator,
 Bureaucrat, Oversight or Steward? Isn't that confused and probably not
 allowed? Or which project allows a user name for more than one person?


en:wp has User:Oversight, administered by the Arbcom - its only
purpose is so you can use the wiki's email this user functionality
to alert the oversighters to seriously problematic material on the
wiki.


- d.

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread MZMcBride
Marco Chiesa wrote:
 Is there any project which allows usernames such as Administrator,
 Bureaucrat, Oversight or Steward? Isn't that confused and probably not
 allowed? Or which project allows a user name for more than one person?

http://meta.wikimedia.org/wiki/Title_blacklist prohibits those names
across all Wikimedia wikis.

MZMcBride



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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread MZMcBride
Sarah wrote:
 I'm increasingly wondering whether we should be hosting any BLPs, because
 these are often difficult decisions to make -- at which point there is
 legitimate public interest in a person's private life -- and they can't be
 reached thoughtfully in an open-editing environment.

I think anyone who has been in the BLP trenches has had the same thought.
The reality is that an encyclopedia without a Barack Obama article or a
Nelson Mandela article really isn't a general reference encyclopedia, or
at least isn't a very good one. The issue is making a reasonable distinction
between those types of individuals and everyone else.

Personally, I'm not particularly concerned about this biography as it has
plenty of people watching it at the moment and for the foreseeable future.
The same is true of Arnold Schwarzenegger and Dominique Strauss-Kahn and
many others. It's the much lower profile biographies of living people that
are the real concern.

MZMcBride



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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Sarah
On Sat, May 21, 2011 at 14:33, MZMcBride z...@mzmcbride.com wrote:
 Sarah wrote:
 I'm increasingly wondering whether we should be hosting any BLPs, because
 these are often difficult decisions to make -- at which point there is
 legitimate public interest in a person's private life -- and they can't be
 reached thoughtfully in an open-editing environment.

 I think anyone who has been in the BLP trenches has had the same thought.
 The reality is that an encyclopedia without a Barack Obama article or a
 Nelson Mandela article really isn't a general reference encyclopedia, or
 at least isn't a very good one. The issue is making a reasonable distinction
 between those types of individuals and everyone else.

 MZMcBride

We could solve that by hosting only BLPs that have already had
encyclopedic or extensive treatment elsewhere, i.e. have already been
the subject of (a) an encyclopedia article; or (b) a book or book
chapter from a reliable publisher; or (c) a profile or in-depth piece
in a high-quality newspaper (one about the person, not about events
the person was involved in).

I know this has been suggested before, but it's coming time to
consider it seriously.

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread MZMcBride
Sarah wrote:
 On Sat, May 21, 2011 at 14:33, MZMcBride z...@mzmcbride.com wrote:
 I think anyone who has been in the BLP trenches has had the same thought.
 The reality is that an encyclopedia without a Barack Obama article or a
 Nelson Mandela article really isn't a general reference encyclopedia, or
 at least isn't a very good one. The issue is making a reasonable distinction
 between those types of individuals and everyone else.
 
 We could solve that by hosting only BLPs that have already had
 encyclopedic or extensive treatment elsewhere, i.e. have already been
 the subject of (a) an encyclopedia article; or (b) a book or book
 chapter from a reliable publisher; or (c) a profile or in-depth piece
 in a high-quality newspaper (one about the person, not about events
 the person was involved in).
 
 I know this has been suggested before, but it's coming time to
 consider it seriously.

That sounds vaguely similar to
http://en.wikipedia.org/wiki/Wikipedia:BLP_problem#Dead_tree_standard.

Let me know if you start a Requests for comment/discussion about this. I'd
be interested, as would a number of other list participants, I imagine.

MZMcBride



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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Sarah
On Sat, May 21, 2011 at 15:14, MZMcBride z...@mzmcbride.com wrote:
 Sarah wrote:
 On Sat, May 21, 2011 at 14:33, MZMcBride z...@mzmcbride.com wrote:
 I think anyone who has been in the BLP trenches has had the same thought.
 The reality is that an encyclopedia without a Barack Obama article or a
 Nelson Mandela article really isn't a general reference encyclopedia, or
 at least isn't a very good one. The issue is making a reasonable distinction
 between those types of individuals and everyone else.

 We could solve that by hosting only BLPs that have already had
 encyclopedic or extensive treatment elsewhere, i.e. have already been
 the subject of (a) an encyclopedia article; or (b) a book or book
 chapter from a reliable publisher; or (c) a profile or in-depth piece
 in a high-quality newspaper (one about the person, not about events
 the person was involved in).

 I know this has been suggested before, but it's coming time to
 consider it seriously.

 That sounds vaguely similar to
 http://en.wikipedia.org/wiki/Wikipedia:BLP_problem#Dead_tree_standard.

 Let me know if you start a Requests for comment/discussion about this. I'd
 be interested, as would a number of other list participants, I imagine.

Yes, it's similar to dead tree standard, except not applied only if
a BLP subject requests deletion, but applied across the board. It
would solve our BLP vanity article issue too.

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread geni
On 21 May 2011 22:14, MZMcBride z...@mzmcbride.com wrote:
 That sounds vaguely similar to
 http://en.wikipedia.org/wiki/Wikipedia:BLP_problem#Dead_tree_standard.

 Let me know if you start a Requests for comment/discussion about this. I'd
 be interested, as would a number of other list participants, I imagine.

 MZMcBride

You realise that [[Daniel Brandt]] passes that test yes?

On the other hand recently elected African leaders will tend not to.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Federico Leva (Nemo)
MZMcBride, 21/05/2011 22:25:
 Marco Chiesa wrote:
 Is there any project which allows usernames such as Administrator,
 Bureaucrat, Oversight or Steward? Isn't that confused and probably not
 allowed? Or which project allows a user name for more than one person?

 http://meta.wikimedia.org/wiki/Title_blacklist  prohibits those names
 across all Wikimedia wikis.

But sysops can override the title blacklist.

Nemo

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Risker
On 21 May 2011 17:35, Federico Leva (Nemo) nemow...@gmail.com wrote:

 MZMcBride, 21/05/2011 22:25:
  Marco Chiesa wrote:
  Is there any project which allows usernames such as Administrator,
  Bureaucrat, Oversight or Steward? Isn't that confused and probably not
  allowed? Or which project allows a user name for more than one person?
 
  http://meta.wikimedia.org/wiki/Title_blacklist  prohibits those names
  across all Wikimedia wikis.

 But sysops can override the title blacklist.



That is correct, which is precisely why we were able to create this
account.  It has been very helpful in reducing the number of on-wiki posts
saying I need oversight for this diff! which was not really terribly
helpful.

On the other hand, it would probably  only be useful for larger projects
with a lot of oversight requests and also use an email notification system.


Nonetheless, it's a bit off-topic.


As to the comments from MZMcBride and Sarah, I would like to see a
significantly higher minimal level of notability for BLPs.  In the past few
years of working with the Arbitration Committee, I have seen literally
thousands of BLPs that easily meet the current notability standards, but
have been turned into coatracks to highlight a particular belief of the
subject (whether or not that is why they are notable), to self-aggrandize,
to attach all the negative information that can be found about the subject
regardless of its comparative triviality.

Worse yet are the ones that are userfied instead of deleted, or never even
made it into article space; they often come up as top google hits for the
subject, because Google crawls user space.  (They don't seem to crawl user
talk or article talk, or if they do, they do not include them in their
results.)





Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Sarah
On Sat, May 21, 2011 at 16:01, Risker risker...@gmail.com wrote:
 As to the comments from MZMcBride and Sarah, I would like to see a
 significantly higher minimal level of notability for BLPs.  In the past few
 years of working with the Arbitration Committee, I have seen literally
 thousands of BLPs that easily meet the current notability standards, but
 have been turned into coatracks to highlight a particular belief of the
 subject (whether or not that is why they are notable), to self-aggrandize,
 to attach all the negative information that can be found about the subject
 regardless of its comparative triviality.

 Worse yet are the ones that are userfied instead of deleted, or never even
 made it into article space; they often come up as top google hits for the
 subject, because Google crawls user space.  (They don't seem to crawl user
 talk or article talk, or if they do, they do not include them in their
 results.)

A huge percentage of the BLP problems I've seen in the last six years
have been vanity articles. Raising the notability bar would help to
resolve that.

For those who deal with the BLP queue on OTRS, how serious is the
problem of BLP attack pages, whether rising to the level of defamation
or not?

I know the problem exists -- anyone who edits can see it -- but I'd be
interested in hearing from OTRS people how pervasive it is in terms of
what's reported to them. Does anyone keep figures?

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Philippe Beaudette
On Sat, May 21, 2011 at 3:09 PM, Sarah slimvir...@gmail.com wrote:



 For those who deal with the BLP queue on OTRS, how serious is the
 problem of BLP attack pages, whether rising to the level of defamation
 or not?

 I know the problem exists -- anyone who edits can see it -- but I'd be
 interested in hearing from OTRS people how pervasive it is in terms of
 what's reported to them. Does anyone keep figures?

 Sarah


The Community Dept (Christine) is in the midst of looking at and classifying
inbound tickets to begin to give us a real feel for that.  I hope we'll have
some answers soon, but I'll ask her to give me a 30,000 foot overview and
report back here.

pb
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Wikimedia Foundation, Inc.

415-839-6885, x 2106  (reader relations)

phili...@wikimedia.org



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Re: [Foundation-l] Interesting legal action

2011-05-21 Thread Philippe Beaudette
On Sat, May 21, 2011 at 3:09 PM, Sarah slimvir...@gmail.com wrote:

 For those who deal with the BLP queue on OTRS, how serious is the
 problem of BLP attack pages, whether rising to the level of defamation
 or not?

 I know the problem exists -- anyone who edits can see it -- but I'd be
 interested in hearing from OTRS people how pervasive it is in terms of
 what's reported to them. Does anyone keep figures?


I asked Christine to do a quick scan, what follows is her response:

*There isn't an exact BLP queue in OTRS; there is one for overall quality
(called, what else, Quality) which is where a lot of the BLP concerns go, as
they are quality issues.

Of the current tickets in the queue, not quite half are BLP related (96 out
of 209).

Of those BLP tickets, about 15% of them mention being attacked/articles
being biased or slanted.  I didn't do any deep research into whether the
accounts are true or not; this is merely the perception of the person
writing in, which is the most relevant measure for the topic currently under
discussion.

*
*Also of those BLP tickets, the same percentage specifically mention
libelous information, slander, etc.  *
*
*
Hope that helps,
pb
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[Foundation-l] Interesting legal action

2011-05-20 Thread Sarah
A footballer protected by one of the British superinjunctions is
suing Twitter and persons unknown after he was alleged on Twitter to
have had an affair. Something that could have repercussions for
Wikipedia.

http://www.guardian.co.uk/media/2011/may/20/twitter-sued-by-footballer-over-privacy

Sarah

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 A footballer protected by one of the British superinjunctions is
 suing Twitter and persons unknown after he was alleged on Twitter to
 have had an affair. Something that could have repercussions for
 Wikipedia.

 http://www.guardian.co.uk/media/2011/may/20/twitter-sued-by-footballer-over-privacy

 Sarah

Oversighters have been diligently suppressing this stuff. Hopefully none
of our money will be wasted on this. Obviously superinjunctions are
totally over the top and not sustainable, but it is not our job to
straighten out the High Court.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Risker
On 20 May 2011 12:09, Sarah slimvir...@gmail.com wrote:

 A footballer protected by one of the British superinjunctions is
 suing Twitter and persons unknown after he was alleged on Twitter to
 have had an affair. Something that could have repercussions for
 Wikipedia.


 http://www.guardian.co.uk/media/2011/may/20/twitter-sued-by-footballer-over-privacy


Speaking as someone who's been in the middle of this exact issue from the
Wikipedia perspective, edits similar to the one described to have been made
on Twitter were removed multiple times from our own site over an extended
period: not because of the injunction, but because it was contentious and
negative information that could not be reliably sourced.  Our BLP policy has
worked.

Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Chris Keating

  A footballer protected by one of the British superinjunctions is
  suing Twitter and persons unknown after he was alleged on Twitter to
  have had an affair. Something that could have repercussions for
  Wikipedia.
 
 
 
 http://www.guardian.co.uk/media/2011/may/20/twitter-sued-by-footballer-over-privacy
 
 
 Speaking as someone who's been in the middle of this exact issue from the
 Wikipedia perspective, edits similar to the one described to have been made
 on Twitter were removed multiple times from our own site over an extended
 period: not because of the injunction, but because it was contentious and
 negative information that could not be reliably sourced.  Our BLP policy
 has
 worked.


It won't be too long before a reputable news source covers the whole issue -
or indeed a British Parliamentarian raises it under parliamentary privilege.

Then, of course, the material will be in the article even if there is still
an outstanding superinjunction



 Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Sarah
 On 20 May 2011 17:37, Chris Keating chriskeatingw...@gmail.com wrote:
 It won't be too long before a reputable news source covers the whole issue -
 or indeed a British Parliamentarian raises it under parliamentary privilege.

I'm thinking it will be interesting to see how Twitter's position is
handled, namely that it's not a publisher. This is the issue that
would impact on Wikipedia.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread FT2
This does all raise an interesting question of what jurisdictions actually
cover. In the superinjunction case for example, which of these is legally
able to be sued:


   - A UK citizen who posts the names online from their home in the UK and
   then remains in the UK after - obviously yes.

   - A US citizen who reads the names on Twitter and re-posts them online
   from their hotel while on vacation in the UK, then remains in the UK for
   some time

   - A UK citizen who reads the names on Twitter and re-posts them online
   from their hotel while on vacation in the US
   1/ actionable while still on vacation in the US?
   2/ actionable upon return to the UK?

   - A US citizen who reads the names on Twitter and re-posts them online
   from their home in the US
   1/ actionable while in the US (having not traveled)?
   2/ actionable when they travel to the UK on vacation a while later?


Just curious which of these is litigable or in contempt, and which is not.

FT2
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread FT2
I ask since clearly a US citizen in the US can post these online, so - can a
UK citizen on holiday there? Or a US citizen in the UK? Or...?

In other words, how do the factors interact such as -- 1/ the country you're
a citizen of, 2/ the country whose laws were claimed to be broken, 3/ the
jurisdiction you were in when you took the alleged breaking action, or 4/
the ability of local legal process to access you, in deciding what's legally
actionable?

Lawyers welcomed :) Curiosity and enlightenment more than anything.

FT2
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 17:37, Chris Keating chriskeatingw...@gmail.com wrote:
 It won't be too long before a reputable news source covers the whole
 issue -
 or indeed a British Parliamentarian raises it under parliamentary
 privilege.

 I'm thinking it will be interesting to see how Twitter's position is
 handled, namely that it's not a publisher. This is the issue that
 would impact on Wikipedia.


The action is in the U.K. The publisher fiction is American law. It
might come into play if an attempt is made in U.S. courts to collect any
judgment.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 I ask since clearly a US citizen in the US can post these online, so -
 can a
 UK citizen on holiday there? Or a US citizen in the UK? Or...?

 In other words, how do the factors interact such as -- 1/ the country
 you're
 a citizen of, 2/ the country whose laws were claimed to be broken, 3/ the
 jurisdiction you were in when you took the alleged breaking action, or 4/
 the ability of local legal process to access you, in deciding what's
 legally
 actionable?

 Lawyers welcomed :) Curiosity and enlightenment more than anything.

 FT2

I think any user who uses Twitter to publish information in the U.K. may
potentially be liable.

Commons sense has got to kick in somehow, but look at the wigs they wear...

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread David Gerard
On 20 May 2011 19:21, Fred Bauder fredb...@fairpoint.net wrote:

 I think any user who uses Twitter to publish information in the U.K. may
 potentially be liable.


The jurisdictional issues impact the users. Suing Twitter is unlikely
to go very far. It is *possible* they may be able to do something to
Facebook, who I believe have business presence in the UK. Suing WMUK
is unlikely to affect the behaviour of WMF, any more than the several
suits against WMDE have affected the behaviour of WMF.

I think our editors will continue to do the right thing concerning the
subjects of BLPs. And that we do this is IMO very important to
practical opinions concerning Wikipedia: that is, Wikipedia (WMF) is
not legally liable, but tries to do the *right thing*. We're here to
write an encyclopedia, not investigative journalism or a gossip rag.
That IMO is the most important *practical* protection of Wikipedia's
good name.


- d.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread ????
On 20/05/2011 18:06, FT2 wrote:
 I ask since clearly a US citizen in the US can post these online, so - can a
 UK citizen on holiday there? Or a US citizen in the UK? Or...?

 In other words, how do the factors interact such as -- 1/ the country you're
 a citizen of, 2/ the country whose laws were claimed to be broken, 3/ the
 jurisdiction you were in when you took the alleged breaking action, or 4/
 the ability of local legal process to access you, in deciding what's legally
 actionable?

 Lawyers welcomed :) Curiosity and enlightenment more than anything.


One might want to factor in a Google News Case in Belgium that dealt 
with which laws apply where:
http://www.barrysookman.com/2011/05/17/is-google-news-legal/

Also if it is found that WMF is negligent they may consider any senior 
member of WMF resident in London to be personally liable.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20/05/2011 18:06, FT2 wrote:
 I ask since clearly a US citizen in the US can post these online, so -
 can a
 UK citizen on holiday there? Or a US citizen in the UK? Or...?

 In other words, how do the factors interact such as -- 1/ the country
 you're
 a citizen of, 2/ the country whose laws were claimed to be broken, 3/
 the
 jurisdiction you were in when you took the alleged breaking action, or
 4/
 the ability of local legal process to access you, in deciding what's
 legally
 actionable?

 Lawyers welcomed :) Curiosity and enlightenment more than anything.


 One might want to factor in a Google News Case in Belgium that dealt
 with which laws apply where:
 http://www.barrysookman.com/2011/05/17/is-google-news-legal/

 Also if it is found that WMF is negligent they may consider any senior
 member of WMF resident in London to be personally liable.

Oh! Poor Jimbo!

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread ????
On 20/05/2011 19:56, Fred Bauder wrote:

 Also if it is found that WMF is negligent they may consider any senior
 member of WMF resident in London to be personally liable.

 Oh! Poor Jimbo!



I wouldn't count on that DBE being in the post.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 20 May 2011 17:37, Chris Keating chriskeatingw...@gmail.com wrote:
 It won't be too long before a reputable news source covers the whole issue -
 or indeed a British Parliamentarian raises it under parliamentary privilege.

They won't. Most reputable news sources are not interested in kiss and
tell and there are other ones that are in place for really rather good
reasons to the point where breaking them would probably get you sued
for libel under even US law

 Then, of course, the material will be in the article even if there is still
 an outstanding superinjunction

What we've actualy got however is an argument over what is considered
a reputable news source.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
 They won't. Most reputable news sources are not interested in kiss and
 tell and there are other ones that are in place for really rather good
 reasons to the point where breaking them would probably get you sued
 for libel under even US law


Heh, what news do you read!



  Then, of course, the material will be in the article even if there is
 still
  an outstanding superinjunction

 What we've actualy got however is an argument over what is considered
 a reputable news source.


Almost all of the content is trivial tabloid content of little interest...
the injunctions give it a minor twist but probably not enough to invalidate
the other BLP issues. So other than if the financial times splashed it
across their front page I doubt any of the stuff hidden by super-injunction
is worth having in the articles.

Tom/ErrantX
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 20 May 2011 21:21, Thomas Morton morton.tho...@googlemail.com wrote:
 They won't. Most reputable news sources are not interested in kiss and
 tell and there are other ones that are in place for really rather good
 reasons to the point where breaking them would probably get you sued
 for libel under even US law


 Heh, what news do you read!

[[WP:ITN]]

There other thing to consider is that kiss and tell unless it involves
someone like Michael Jackson doesn't have much of an overseas market.


 Almost all of the content is trivial tabloid content of little interest...
 the injunctions give it a minor twist but probably not enough to invalidate
 the other BLP issues.  So other than if the financial times splashed it
 across their front page I doubt any of the stuff hidden by super-injunction
 is worth having in the articles.

The Trafigura clearly was of interest (incidentally it appears that
one of their PR people is trying to edit the Trafigura article). The
Fred Goodwin one probably is. The rest that I know of probably not.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
 On 20 May 2011 21:21, Thomas Morton morton.tho...@googlemail.com wrote:
 They won't. Most reputable news sources are not interested in kiss and
 tell and there are other ones that are in place for really rather good
 reasons to the point where breaking them would probably get you sued
 for libel under even US law


 Heh, what news do you read!

 [[WP:ITN]]

 There other thing to consider is that kiss and tell unless it involves
 someone like Michael Jackson doesn't have much of an overseas market.


 Almost all of the content is trivial tabloid content of little interest...
 the injunctions give it a minor twist but probably not enough to invalidate
 the other BLP issues.  So other than if the financial times splashed it
 across their front page I doubt any of the stuff hidden by super-injunction
 is worth having in the articles.

 The Trafigura clearly was of interest (incidentally it appears that
 one of their PR people is trying to edit the Trafigura article). The
 Fred Goodwin one probably is. The rest that I know

Yes, that was my asessment too :-)

Tom

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Tom Morris
On Fri, May 20, 2011 at 19:29, David Gerard dger...@gmail.com wrote:
 On 20 May 2011 19:21, Fred Bauder fredb...@fairpoint.net wrote:

 I think any user who uses Twitter to publish information in the U.K. may
 potentially be liable.


 The jurisdictional issues impact the users. Suing Twitter is unlikely
 to go very far. It is *possible* they may be able to do something to
 Facebook, who I believe have business presence in the UK.

Twitter are planning to open a London office:

http://www.brandrepublic.com/bulletin/digitalambulletin/article/1066031/twitter-open-uk-office-serve-commercial-needs/

This should be... interesting.

-- 
Tom Morris
http://tommorris.org/

Please don't print this e-mail out unless you want a hard copy of it.
If you do, go ahead. I won't stop you.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread David Gerard
On 20 May 2011 22:22, Tom Morris t...@tommorris.org wrote:

 Twitter are planning to open a London office:
 http://www.brandrepublic.com/bulletin/digitalambulletin/article/1066031/twitter-open-uk-office-serve-commercial-needs/
 This should be... interesting.


Over the last several years, the UK libel laws have been a strong
consideration in WMF carefully maintaining *no* local business
presence in the UK. The legal environment here is toxic for anyone who
doesn't have to put up with it.


- d.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 17:23, Risker risker...@gmail.com wrote:
 Speaking as someone who's been in the middle of this exact issue from
 the
 Wikipedia perspective, edits similar to the one described to have been
 made
 on Twitter were removed multiple times from our own site over an
 extended
 period: not because of the injunction, but because it was contentious
 and
 negative information that could not be reliably sourced.  Our BLP
 policy has
 worked.


 Questionable. Oh we've kept the better known cases under wraps but
 oversight and rev del but the lesser known cases  and the flat out
 false ones (want to damage a footballer's reputation? hint that they
 have a super injuction) we haven't been so good at keeping up with.
 The pattern of reverts and rev dels is pretty obvious if you know what
 to look for as is the suspicious traffic bumps.

 Perhaps ironicaly the number of false accusations has reached the
 point that if we did care about BLP issues the responcible thing to do
 would be to publish most of the 53 on the main page.

 --
 geni

Please mail User:Oversight with any such instance you are aware of. We do
suppress any mention of a superinjunction, as the assertion that there is
embarrassing personal information sufficient to support issuance of a
superinjunction is defaming.

Fred

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 17:37, Chris Keating chriskeatingw...@gmail.com wrote:
 It won't be too long before a reputable news source covers the whole
 issue -
 or indeed a British Parliamentarian raises it under parliamentary
 privilege.

 They won't. Most reputable news sources are not interested in kiss and
 tell and there are other ones that are in place for really rather good
 reasons to the point where breaking them would probably get you sued
 for libel under even US law

 Then, of course, the material will be in the article even if there is
 still
 an outstanding superinjunction

 What we've actualy got however is an argument over what is considered
 a reputable news source.

 --
 geni

Actually no, the information is generally an invasion of privacy, and is
oversightable on that basis, but see Arnold_Schwarzenegger#Infidelity
Sometimes there is no point.

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
 Please mail User:Oversight with any such instance you are aware of.

That's not actually legal.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 22:22, Tom Morris t...@tommorris.org wrote:

 Twitter are planning to open a London office:
 http://www.brandrepublic.com/bulletin/digitalambulletin/article/1066031/twitter-open-uk-office-serve-commercial-needs/
 This should be... interesting.


 Over the last several years, the UK libel laws have been a strong
 consideration in WMF carefully maintaining *no* local business
 presence in the UK. The legal environment here is toxic for anyone who
 doesn't have to put up with it.


 - d.

Failed state.

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Mike Godwin
David Gerard writes:

Over the last several years, the UK libel laws have been a strong
 consideration in WMF carefully maintaining *no* local business
 presence in the UK. The legal environment here is toxic for anyone who
 doesn't have to put up with it.


I've discussed this precise issue (informally) with Twitter's general
counsel, and we agree that the exposure for Twitter in the UK is
significantly different than it would be for the Wikimedia Foundation. I
mean, of course you can libel someone in 140 characters -- we've all seen it
happen. But the role of Twitter in relation to tweets is much more like
(say) a phone company's role than it is like WMF's or even Google's.

Twitter is an excellent company to put this analysis to the test -- it has
the legal resources to challenge a libel lawsuit (or a hundred, or a
thousand), and the role it plays as a communications medium is, if not
unique, then certainly pretty unusual.

I'd look at legal precedents involving SMS/texting in the UK -- that may
tell you what Twitter is thinking.

The risks for WMF in the UK (and, indeed, throughout the EU as a function of
UK membership in the European Union) remain pretty significant, largely for
all the reasons that Wikipedia is something different from Twitter.


--Mike
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
 Please mail User:Oversight with any such instance you are aware of.

 That's not actually legal.

 --
 geni


What on earth is illegal about assisting the project in avoiding
publishing defamatory information?

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
Huh? Why?

Tom Morton

On 20 May 2011, at 23:00, geni geni...@gmail.com wrote:

 On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
 Please mail User:Oversight with any such instance you are aware of.

 That's not actually legal.

 --
 geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Risker
On 20 May 2011 18:02, Fred Bauder fredb...@fairpoint.net wrote:

  On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
  Please mail User:Oversight with any such instance you are aware of.
 
  That's not actually legal.
 
  --
  geni
 

 What on earth is illegal about assisting the project in avoiding
 publishing defamatory information?



What Geni means is that if he (as a UK resident) identified something that
violated the superinjunction, emailing Oversight would be sufficient for him
to violate the superinjunection.  I am not certain that is 100% correct, if
he does not name any names, but I can understand that perspective.  As it
is, there are plenty of non-UK citizens/residents watching the articles
involved to address the situation, so generally speaking UK
residents/citizens should not feel they are obliged to put themselves at
risk.

Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
Ah. No thats not accurate. Fortunately even the British courts can't
stamp On private communication.

The injunction is on publishing the info. Telling your mates down the
pub is fine.

Tom Morton

On 20 May 2011, at 23:08, Risker risker...@gmail.com wrote:

 On 20 May 2011 18:02, Fred Bauder fredb...@fairpoint.net wrote:

 On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
 Please mail User:Oversight with any such instance you are aware of.

 That's not actually legal.

 --
 geni


 What on earth is illegal about assisting the project in avoiding
 publishing defamatory information?



 What Geni means is that if he (as a UK resident) identified something that
 violated the superinjunction, emailing Oversight would be sufficient for him
 to violate the superinjunection.  I am not certain that is 100% correct, if
 he does not name any names, but I can understand that perspective.  As it
 is, there are plenty of non-UK citizens/residents watching the articles
 involved to address the situation, so generally speaking UK
 residents/citizens should not feel they are obliged to put themselves at
 risk.

 Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
Also; hard to see anyone suing you for communicating the info for the
purposes of supressing it :-)

Tom Morton

On 20 May 2011, at 23:08, Risker risker...@gmail.com wrote:

 On 20 May 2011 18:02, Fred Bauder fredb...@fairpoint.net wrote:

 On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
 Please mail User:Oversight with any such instance you are aware of.

 That's not actually legal.

 --
 geni


 What on earth is illegal about assisting the project in avoiding
 publishing defamatory information?



 What Geni means is that if he (as a UK resident) identified something that
 violated the superinjunction, emailing Oversight would be sufficient for him
 to violate the superinjunection.  I am not certain that is 100% correct, if
 he does not name any names, but I can understand that perspective.  As it
 is, there are plenty of non-UK citizens/residents watching the articles
 involved to address the situation, so generally speaking UK
 residents/citizens should not feel they are obliged to put themselves at
 risk.

 Risker/Anne
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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread FT2
One interesting thing jumped out at me from this article:

Google argued that the users of Google News were responsible for the acts
of reproduction and communication, not Google. It contended that it only
provided users facilities which an enabled these acts and so was exempt from
infringement...

Interesting that Google's defense is basically the same as P2P website
hosts. We're just indexing, it's the people who download that are
responsible for any breach.

I can't decide if this dismissal is reassuring (shows they are consistent
between big sites and smaller ones how the legal knots are tied) or worrying
(because of the severity it implies) in copyright terms..

FT2



On Fri, May 20, 2011 at 7:28 PM,  wiki-l...@phizz.demon.co.uk wrote:

 One might want to factor in a Google News Case in Belgium that dealt
 with which laws apply where:
 http://www.barrysookman.com/2011/05/17/is-google-news-legal/

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On 20 May 2011 18:02, Fred Bauder fredb...@fairpoint.net wrote:

  On 20 May 2011 22:47, Fred Bauder fredb...@fairpoint.net wrote:
  Please mail User:Oversight with any such instance you are aware of.
 
  That's not actually legal.
 
  --
  geni
 

 What on earth is illegal about assisting the project in avoiding
 publishing defamatory information?



 What Geni means is that if he (as a UK resident) identified something
 that
 violated the superinjunction, emailing Oversight would be sufficient for
 him
 to violate the superinjunection.  I am not certain that is 100% correct,
 if
 he does not name any names, but I can understand that perspective.  As it
 is, there are plenty of non-UK citizens/residents watching the articles
 involved to address the situation, so generally speaking UK
 residents/citizens should not feel they are obliged to put themselves at
 risk.

 Risker/Anne


Even the U.K. has not formally enacted Catch 22.

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 20 May 2011 23:13, Thomas Morton morton.tho...@googlemail.com wrote:
 Ah. No thats not accurate. Fortunately even the British courts can't
 stamp On private communication.

 The injunction is on publishing the info. Telling your mates down the
 pub is fine.


No it isn't. Telling one mate down the pub might but multiple people
is kinda dicey. I assume more than one person has access to the
User:Oversight feed.

Exactly what is and isn't considered a private communication is a
complex area though.



-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
It's not publishing the info. It's fine.

The point is to stifle mass media.

Tom Morton

On 20 May 2011, at 23:28, geni geni...@gmail.com wrote:

 On 20 May 2011 23:13, Thomas Morton morton.tho...@googlemail.com wrote:
 Ah. No thats not accurate. Fortunately even the British courts can't
 stamp On private communication.

 The injunction is on publishing the info. Telling your mates down the
 pub is fine.


 No it isn't. Telling one mate down the pub might but multiple people
 is kinda dicey. I assume more than one person has access to the
 User:Oversight feed.

 Exactly what is and isn't considered a private communication is a
 complex area though.



 --
 geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 20 May 2011 23:33, Thomas Morton morton.tho...@googlemail.com wrote:
 It's not publishing the info. It's fine.

Err you are aware that the courts regard sending the information on a
postcard counts as publishing?

 The point is to stifle mass media.

That doesn't mean that they are the only people the law applies to.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread ????
On 20/05/2011 23:14, FT2 wrote:
 One interesting thing jumped out at me from this article:

 Google argued that the users of Google News were responsible for the acts
 of reproduction and communication, not Google. It contended that it only
 provided users facilities which an enabled these acts and so was exempt from
 infringement...

 Interesting that Google's defense is basically the same as P2P website
 hosts. We're just indexing, it's the people who download that are
 responsible for any breach.

 I can't decide if this dismissal is reassuring (shows they are consistent
 between big sites and smaller ones how the legal knots are tied) or worrying
 (because of the severity it implies) in copyright terms..


Central to that is the Viacom argument as to whether Google is a service 
provider or a content provider.

http://www.copyhype.com/2011/04/is-youtube-a-service-provider-or-content-provider/

In the Belgium case Google were doing all the copying at their own volition.




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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Seth Finkelstein
[Posting wearing my battered free-speech (ex)activist hat, not
the Wikipedia-critic hat]

1) Stand-down a little - apparently Twitter is only being asked to
produce identity information, same as the Wikimedia Foundation has
been in other cases (under court order).

http://www.bbc.co.uk/news/technology-13477811

Lawyers at Schillings who represent CTB have issued a statement
clarifying the action it has taken.

It said it was not suing Twitter but had made an application to
obtain limited information concerning the unlawful use of Twitter by a
small number of individuals who may have breached a court order.

That is, this isn't a provider liability case.

2) Regarding Our BLP policy has worked., that's a fascinating
argument that the super-injunction *is* worthwhile. If Wikipedia
defines verifiability in terms of major media sources, and the
super-injunction inhibits those sources, then it effectively
inhibits Wikipedia (even if it's impolitic to put it that way).
I actually believe that the accumulated sourcing now *should* satisfy
Wikipedia's verification requirements in the case of the footballer,
and was tempted to make that argument. But given I have a nontrivial
connection to UK jurisdiction, plus I'm sure I'd get a huge amount
of personal attack due to the various politics, it wasn't worth it. 
Just observing, on various talk pages, I believe the WP:NOTCENSORED 
faction has made its sourcing argument poorly. Maybe there's another
lesson there as to relative costs imposed.

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

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Thomas Morton
Hmm.

TL;DR version - communicating the contents of an injunction is not
inherently illegal, communicating it to a private mailing list might be
actionable, but highly unlikely, especially if the intent is to help supress
publication of the information in a wider forum.

Ok, now the longer form. What we are talking about here is civil litigation
- so the first thing to clear up is that there is no criminal action
involved in publishing the information. Which means if you do publish the
information in a way the subject feels is in violation it is up to them to
take you to court over it. No police will be knocking on your door :)

So the first point to make there is.. how likely are they to take you to
court over it?

An injunction is a form of legal finding called an equitable remedy (we
have articles about all of these things BTW, I just checked) which in this
case widely prohibits people from a certain act (publishing the info). If
you violate the injunction the litigant has to take you to court, which will
then decide if you have broken the injunction and, based on your specific
case, award some form of damages. This may simply be fines, or worse.

From a technical perspective the litigant may legitimately consider you
telling your friends down the pub this information. From a practical
perspective, if they took you to court over it they would not get far
(because whilst the litigant is able to interpret the order as broadly as he
or she likes, the courts interpretation is the binding one). The scope of
the injunction depends a lot on the wording, but the intent in this case is
to gag the media and other forms of mass publication - a judge is not very
likely (at least in my experience of civil litigation) to interpret it so
broadly.

In addition, if a judge did allow the litigation to go fully before the
courts there is great scope to argue that it is a violation of our right to
free speech.

Finally, if you are simply linking to already published information (i.e. on
Wikipedia) there is a fairly strong argument that you are not the publisher
of this information. Especially if you make no mention of the actual
information in the communication. As the intent is to suppress the data it
could be construed under necessary communique as part of complying with an
equitable remedy.

It is all a lot more complex than there is time for to go into in a single
email :) but the practical upshot of this is; do not be too concerned about
sending links to pre-published content that violates an injunction.

The press has put a lot of stress on the terrifying scope and danger of
these orders. There is danger (to society) in these things, and there is
something to be concerned about. But not on a personal level.

(IANAL; my interest in law is academic, but I have the good fortune to work
alongside a pile of lawyers, civil and criminal)

Tom

On 20 May 2011 23:34, geni geni...@gmail.com wrote:

 On 20 May 2011 23:33, Thomas Morton morton.tho...@googlemail.com wrote:
  It's not publishing the info. It's fine.

 Err you are aware that the courts regard sending the information on a
 postcard counts as publishing?

  The point is to stifle mass media.

 That doesn't mean that they are the only people the law applies to.

 --
 geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Wjhonson
Publish means to make public.  To make available to the public.
Telling your buddies in the locker room is not publishing.


 


No it isn't. Telling one mate down the pub might but multiple people
is kinda dicey. I assume more than one person has access to the
User:Oversight feed.

Exactly what is and isn't considered a private communication is a
complex area though.

 

 


 

 

-Original Message-
From: geni geni...@gmail.com
To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Sent: Fri, May 20, 2011 3:28 pm
Subject: Re: [Foundation-l] Interesting legal action


On 20 May 2011 23:13, Thomas Morton morton.tho...@googlemail.com wrote:
 Ah. No thats not accurate. Fortunately even the British courts can't
 stamp On private communication.

 The injunction is on publishing the info. Telling your mates down the
 pub is fine.


No it isn't. Telling one mate down the pub might but multiple people
is kinda dicey. I assume more than one person has access to the
User:Oversight feed.

Exactly what is and isn't considered a private communication is a
complex area though.



-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Wjhonson
{{fact}}
I dispute that private communications are public.

 


Err you are aware that the courts regard sending the information on a
postcard counts as publishing?

 

 


 

 

-Original Message-
From: geni geni...@gmail.com
To: Wikimedia Foundation Mailing List foundation-l@lists.wikimedia.org
Sent: Fri, May 20, 2011 3:34 pm
Subject: Re: [Foundation-l] Interesting legal action


On 20 May 2011 23:33, Thomas Morton morton.tho...@googlemail.com wrote:
 It's not publishing the info. It's fine.

Err you are aware that the courts regard sending the information on a
postcard counts as publishing?

 The point is to stifle mass media.

That doesn't mean that they are the only people the law applies to.

-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread geni
On 21 May 2011 00:42, Wjhonson wjhon...@aol.com wrote:
 {{fact}}
 I dispute that private communications are public.


The catch is the postcards are not considered private (postman can
read them). If this applies to unencrypted emails (that can in theory
be read by the admin of any server they go through) is a question that
I've never run across an examination of.

As for the wider point:

In law publication means distribution to just one other person (the
third party) or potential distribution (for example on a postcard or
maybe even just graffiti written on a wall).

http://journalism.winchester.ac.uk/?page=227


-- 
geni

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder

 2) Regarding Our BLP policy has worked., that's a fascinating
 argument that the super-injunction *is* worthwhile. If Wikipedia
 defines verifiability in terms of major media sources, and the
 super-injunction inhibits those sources, then it effectively
 inhibits Wikipedia (even if it's impolitic to put it that way).
 I actually believe that the accumulated sourcing now *should* satisfy
 Wikipedia's verification requirements in the case of the footballer,
 and was tempted to make that argument. But given I have a nontrivial
 connection to UK jurisdiction, plus I'm sure I'd get a huge amount
 of personal attack due to the various politics, it wasn't worth it.
 Just observing, on various talk pages, I believe the WP:NOTCENSORED
 faction has made its sourcing argument poorly. Maybe there's another
 lesson there as to relative costs imposed.

 --
 Seth Finkelstein

Google searches for superinjunction Name of footballer name of
squeeze yields no hits at reliable sources.

Fred



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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Sarah
On Fri, May 20, 2011 at 18:01, Fred Bauder fredb...@fairpoint.net wrote:

 2) Regarding Our BLP policy has worked., that's a fascinating
 argument that the super-injunction *is* worthwhile. If Wikipedia
 defines verifiability in terms of major media sources, and the
 super-injunction inhibits those sources, then it effectively
 inhibits Wikipedia (even if it's impolitic to put it that way).
 I actually believe that the accumulated sourcing now *should* satisfy
 Wikipedia's verification requirements in the case of the footballer,
 and was tempted to make that argument. But given I have a nontrivial
 connection to UK jurisdiction, plus I'm sure I'd get a huge amount
 of personal attack due to the various politics, it wasn't worth it.
 Just observing, on various talk pages, I believe the WP:NOTCENSORED
 faction has made its sourcing argument poorly. Maybe there's another
 lesson there as to relative costs imposed.

 --
 Seth Finkelstein

 Google searches for superinjunction Name of footballer name of
 squeeze yields no hits at reliable sources.

I saw it in a reliable source recently that would have passed muster.
I personally don't care who's had an affair with whom, so I didn't
think to use it, but it would have been policy compliant -- except in
the sense that it was only one source and BLPs are safer with multiple
sources for anything contentious.

So yes, the sourcing policy (V, not BLP) -- specifically the concept
of verifiability, not truth -- did work. And, as Seth points out,
that means the superinjunctions worked too, because they're the reason
we lacked verifiability until recently.

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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Fred Bauder
 On Fri, May 20, 2011 at 18:01, Fred Bauder fredb...@fairpoint.net
 wrote:

 2) Regarding Our BLP policy has worked., that's a fascinating
 argument that the super-injunction *is* worthwhile. If Wikipedia
 defines verifiability in terms of major media sources, and the
 super-injunction inhibits those sources, then it effectively
 inhibits Wikipedia (even if it's impolitic to put it that way).
 I actually believe that the accumulated sourcing now *should* satisfy
 Wikipedia's verification requirements in the case of the footballer,
 and was tempted to make that argument. But given I have a nontrivial
 connection to UK jurisdiction, plus I'm sure I'd get a huge amount
 of personal attack due to the various politics, it wasn't worth it.
 Just observing, on various talk pages, I believe the WP:NOTCENSORED
 faction has made its sourcing argument poorly. Maybe there's another
 lesson there as to relative costs imposed.

 --
 Seth Finkelstein

 Google searches for superinjunction Name of footballer name of
 squeeze yields no hits at reliable sources.

 I saw it in a reliable source recently that would have passed muster.
 I personally don't care who's had an affair with whom, so I didn't
 think to use it, but it would have been policy compliant -- except in
 the sense that it was only one source and BLPs are safer with multiple
 sources for anything contentious.

 So yes, the sourcing policy (V, not BLP) -- specifically the concept
 of verifiability, not truth -- did work. And, as Seth points out,
 that means the superinjunctions worked too, because they're the reason
 we lacked verifiability until recently.


We routinely suppress disclosure of private information. When do the
details of an affair become public? And how? Decisions by media editors
is the short answer, but what criteria do they use?

If the subjects are mere celebrities, as opposed to persons with
political responsibilities, does intense public interest transmogrify
private affairs to public?

Fred


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Re: [Foundation-l] Interesting legal action

2011-05-20 Thread Wjhonson

 It is not up to us to decide that something is private.  If it's been 
published, then it is public.
If it's been published in a reliable source, than it's useable in our project.




We routinely suppress disclosure of private information. When do the
details of an affair become public? And how? Decisions by media editors
is the short answer, but what criteria do they use?

If the subjects are mere celebrities, as opposed to persons with
political responsibilities, does intense public interest transmogrify
private affairs to public?

Fred

 

 

 

 

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