Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-17 Thread phoebe ayers
On Mon, Jun 16, 2014 at 6:16 PM, Risker risker...@gmail.com wrote:

 On 16 June 2014 20:48, phoebe ayers phoebe.w...@gmail.com wrote:

  On Mon, Jun 16, 2014 at 11:17 AM, Risker risker...@gmail.com wrote:
 
   Not quite sure what you're shouting about, Gerard.  The amendment
 clearly
   gives individual projects the right to have an alternative to this
   particular section of the terms of use, and that alternative can be
  either
   more strict or less strict.
  
 
  That's correct. Members of various projects asked for this kind of
  flexibility in the comment period, and the board agreed that we should
 add
  the ability for projects to craft alternatives on a per-project basis to
  this amendment.
 
  In the absence of a local policy, however, the ToU amendment applies to
  every project. While this issue is a concern of many on the English
  Wikipedia, the amendment was not crafted specifically for en:wp; this has
  been an issue across many language communities. The terms of use
  (amendments and all) apply to all of our projects.
 
  best,
  -- phoebe
 
 

 I'm so very disappointed in the Board and the WMF for this TOU amendment,
 which was obviously written to quell concerns about English Wikipedia, with
 extremely little consideration of any other project.  Now projects *must*
 formally exempt practices that are perfectly acceptable to them: Commons in
 particular, where professionals (who link to their personal for-profit
 websites in their file descriptions) contribute a great deal of the highest
 quality work; MediaWiki and all its developer-related sites, where a large
 number of our best non-staff developers are financially supported by other
 organizations; Wikidata, which is pure data and no benefit can be derived;
 Wikisource, where no benefit can be derived; and a multitude of Wikipedias
 that have openly welcomed editors who receive financial support or are paid
 by various organizations without any issue whatsoever.  It is extremely
 unlikely that it will ever be enforced in the vast majority of WMF
 projects.


I'm sorry you're disappointed. But I don't really follow your reasoning. I
don't know of many people who get paid *specifically* to upload photos or
contribute to Wikidata. Perhaps a few cultural professionals who are
already, in general, following this best practice. And if someone is
specifically getting paid to upload photos to Commons (or contribute to
another wiki) it seems, in general, like a good idea to know about it. (If
a professional photographer that's not doing work for hire chooses to
donate some of their professional-quality photos to the project -- in their
spare time, as it were -- I don't think the amendment applies, though I
leave discussion of that nuance to the legal team and the commons
community).

Anyway, I'm not sure why you are assuming that the amendment will
automatically be abhorrent to every community that's not English Wikipedia.
Of course projects do vary based on size and cultural norms and other
factors; that's why we put in the local exemption clause however.



 It would have been far more beneficial if the WMF and the Board had had the
 courage to work directly with the English Wikipedia community to develop a
 policy there instead of imposing it on hundreds of projects that not only
 don't care, they will now have to create policies to counteract the effects
 of this TOU amendment.  Simply put, Terms of Use should never include
 clauses whose enforcement is undesirable in a significant portion of the
 overall site.

 I'll be off now to help Mediawiki create their RFC to essentially void this
 decision.


Of course you should feel free, though I'm not entirely sure how a
provision that a person should disclose if they are getting paid
specifically to edit that wiki (in mediawiki's case, it would likely be
something along the lines of I work for the Foundation or I work for
someone else who has an interest in developing mediawiki and also
developing documentation on the wiki) is especially undesirable. I'm
pretty sure most paid developers do this anyway. (If someone is editing in
their spare time -- on any project -- and not specifically getting paid for
that work, the amendment doesn't apply). At any rate, I leave that specific
discussion to the mediawiki community, where I suspect it's basically a
non-issue.

best,
-- phoebe
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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-17 Thread Risker
On 17 June 2014 12:56, phoebe ayers phoebe.w...@gmail.com wrote:

 On Mon, Jun 16, 2014 at 6:16 PM, Risker risker...@gmail.com wrote:


  
  
 
  I'm so very disappointed in the Board and the WMF for this TOU amendment,
  which was obviously written to quell concerns about English Wikipedia,
 with
  extremely little consideration of any other project.  Now projects *must*
  formally exempt practices that are perfectly acceptable to them: Commons
 in
  particular, where professionals (who link to their personal for-profit
  websites in their file descriptions) contribute a great deal of the
 highest
  quality work; MediaWiki and all its developer-related sites, where a
 large
  number of our best non-staff developers are financially supported by
 other
  organizations; Wikidata, which is pure data and no benefit can be
 derived;
  Wikisource, where no benefit can be derived; and a multitude of
 Wikipedias
  that have openly welcomed editors who receive financial support or are
 paid
  by various organizations without any issue whatsoever.  It is extremely
  unlikely that it will ever be enforced in the vast majority of WMF
  projects.
 

 I'm sorry you're disappointed. But I don't really follow your reasoning. I
 don't know of many people who get paid *specifically* to upload photos or
 contribute to Wikidata. Perhaps a few cultural professionals who are
 already, in general, following this best practice. And if someone is
 specifically getting paid to upload photos to Commons (or contribute to
 another wiki) it seems, in general, like a good idea to know about it. (If
 a professional photographer that's not doing work for hire chooses to
 donate some of their professional-quality photos to the project -- in their
 spare time, as it were -- I don't think the amendment applies, though I
 leave discussion of that nuance to the legal team and the commons
 community).


The amendment has effect if someone decides to kick up a fuss about it; it
may not result in a determination of paid contributions but will create a
chill directed toward anyone contributing in a like manner.  Substitute the
word photos in the above with words; if someone linking to their
personal site and contributing words from their published sources
(available at a fee, click shop!) is not essentially a self-employed paid
editor, then there is little point in this amendment.





 Anyway, I'm not sure why you are assuming that the amendment will
 automatically be abhorrent to every community that's not English Wikipedia.
 Of course projects do vary based on size and cultural norms and other
 factors; that's why we put in the local exemption clause however.


Editors from several non-English Wikipedia projects stated that their
projects are quite happy to have paid editors. Now in order for those
editors not to violate the TOU, those projects have to go to the work of
developing and approving an alternate policy, or they can just ignore it,
and refuse to enforce the TOU; either way, it's not cost-neutral, and
reduces the respect that the broad community has for the terms of use. I
cannot think of another site anywhere that creates opt-out terms of use.
Can you? Why does this need to be in the terms of use at all?






  It would have been far more beneficial if the WMF and the Board had had
 the
  courage to work directly with the English Wikipedia community to develop
 a
  policy there instead of imposing it on hundreds of projects that not only
  don't care, they will now have to create policies to counteract the
 effects
  of this TOU amendment.  Simply put, Terms of Use should never include
  clauses whose enforcement is undesirable in a significant portion of the
  overall site.
 
  I'll be off now to help Mediawiki create their RFC to essentially void
 this
  decision.


 Of course you should feel free, though I'm not entirely sure how a
 provision that a person should disclose if they are getting paid
 specifically to edit that wiki (in mediawiki's case, it would likely be
 something along the lines of I work for the Foundation or I work for
 someone else who has an interest in developing mediawiki and also
 developing documentation on the wiki) is especially undesirable. I'm
 pretty sure most paid developers do this anyway. (If someone is editing in
 their spare time -- on any project -- and not specifically getting paid for
 that work, the amendment doesn't apply). At any rate, I leave that specific
 discussion to the mediawiki community, where I suspect it's basically a
 non-issue.


There are actually a surprisingly large number of non-WMF employees who are
indeed paid to develop mediawiki.  As well, for the majority of the
developer-related sites/software, they can't include the information on
(non-existent) userpages or edit summaries which are either non-existent or
specifically used for other purposes.

If it's not important enough to be a mandatory requirement for every single
user on every single project, then it really 

Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-17 Thread Federico Leva (Nemo)

phoebe ayers, 17/06/2014 18:56:

Anyway, I'm not sure why you are assuming that the amendment will
automatically be abhorrent to every community that's not English Wikipedia.


And why do you think it will be useful? If it was needed, how comes only 
some 50 non-en.wiki editors came to support it (and about as many 
opposed it)?


Nemo

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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-17 Thread Gerard Meijssen
Hoi,
I have read Stephen's mail. It refers to many other things that I did not
read.

When the policy was discussed I raised the notion that for Wikidata the
need for such disclosure is different. Given that I did not get any
response, I took it as if that was not interesting relevant and understood
it as one ring to rule them all.

Apparently not.
Thanks,
 GerardM


On 16 June 2014 20:15, Tilman Bayer tba...@wikimedia.org wrote:

 Hi GerardM,

 have you read Stephen's email?

 On Mon, Jun 16, 2014 at 10:58 AM, Gerard Meijssen
 gerard.meijs...@gmail.com wrote:
  Hoi,
  WOW,
  CAN SOMEONE WHO HAS THE AUTHORITY TO DO SO CLARIFY IF THIS WILL GET A
  HEARING?
 
  Either it is something that should apply to all projects and consequently
  it is a board issue or it is en.wp only. When it is en.wp only, the
 policy
  is either not carefully thought through or it should not be a board issue
  in the first place.\
 
  The time to reconsider the application from a project level did come and
  has gone REALLY
  Thanks,
   GerardM
 
 
  On 16 June 2014 19:32, Tomasz W. Kozlowski twkozlow...@gmail.com
 wrote:
 
  Stephen LaPorte writes:
 
   We would like to announce that the Wikimedia Foundation Board of
 Trustees
   has approved an amendment to Section 4 of the Terms of Use to require
   disclosure of paid editing.
 
  There is a proposal on Wikimedia Commons that aims to opt-out that
 project
  from the amendment, given the huge differences between Commons and the
  English Wikipedia, at which the amendment was targeted.
 
  Feedback and comments are welcome at
  
 
 https://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Alternative_
  paid_contribution_disclosure_policy
 
  Tomasz
 
 
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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-17 Thread Jan-Bart de Vreede
Hi Nemo ( others)

I know of at least one non english project that has implemented a much stronger 
stance against paid contributions

Their are two possibilities when specific projects discuss if they need to have 
their own policy on this topic

a) If all participants of the project agree on what they would like to 
implement, then it should not be a long discussion.
b) If there are different opinions this could be a longer discussion and is a 
worthwhile one to have (and the general ToU is a general fall back in case 
there is no conclusion to that discussion)

In both cases this is a discussion that worth having. One of the most important 
things we have is our integrity (and the perception of that integrity by our 
readers), and having a frank discussion (per project) on how we protect this 
integrity is not a waste of time or useless overhead, its incredibly relevant.

Jan-Bart


On 17 Jun 2014, at 19:55, Federico Leva (Nemo) nemow...@gmail.com wrote:

 phoebe ayers, 17/06/2014 18:56:
 Anyway, I'm not sure why you are assuming that the amendment will
 automatically be abhorrent to every community that's not English Wikipedia.
 
 And why do you think it will be useful? If it was needed, how comes only some 
 50 non-en.wiki editors came to support it (and about as many opposed it)?
 
 Nemo
 
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[Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Stephen LaPorte
Hi all,

We would like to announce that the Wikimedia Foundation Board of Trustees
has approved an amendment to Section 4 of the Terms of Use to require
disclosure of paid editing. This follows the extensive discussion of the
amendment
https://meta.wikimedia.org/wiki/Terms_of_use/Paid_contributions_amendment
on meta in February and March, which resulted in 320,000 words of
discussion in various languages. At the Board's meeting in April, they
reviewed issues raised in this discussion, and approved the proposed
amendment. This amendment is added to the Terms of Use effective
immediately.

The new section can be found here:
https://wikimediafoundation.org/wiki/Terms_of_Use#4._Refraining_from_Certain_Activities

For more information, please see the following links:

* A letter from the Board:
https://meta.wikimedia.org/wiki/Board_letter_on_paid_contributions_without_disclosure

* A blog post summarizing the change and explaining the process:
https://blog.wikimedia.org/2014/06/16/change-terms-of-use-requirements-for-disclosure/


* An FAQ explaining the amendment:
https://meta.wikimedia.org/wiki/Terms_of_use/FAQ_on_paid_contributions_without_disclosure

* You can leave comments on the Terms of Use on Meta:
https://meta.wikimedia.org/wiki/Talk:Terms_of_use

-- 
Stephen LaPorte
Legal Counsel
Wikimedia Foundation

*NOTICE:  As an attorney for the Wikimedia Foundation, for legal and
ethical reasons, I cannot give legal advice to, or serve as a lawyer for,
community members, volunteers, or staff members in their personal capacity.
For more on what this means, please see our legal disclaimer
https://meta.wikimedia.org/wiki/Wikimedia_Legal_Disclaimer.*
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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Tomasz W . Kozlowski
Stephen LaPorte writes:

 We would like to announce that the Wikimedia Foundation Board of Trustees
 has approved an amendment to Section 4 of the Terms of Use to require
 disclosure of paid editing.

There is a proposal on Wikimedia Commons that aims to opt-out that project 
from the amendment, given the huge differences between Commons and the 
English Wikipedia, at which the amendment was targeted.

Feedback and comments are welcome at 
https://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Alternative_
paid_contribution_disclosure_policy

Tomasz


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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Gerard Meijssen
Hoi,
WOW,
CAN SOMEONE WHO HAS THE AUTHORITY TO DO SO CLARIFY IF THIS WILL GET A
HEARING?

Either it is something that should apply to all projects and consequently
it is a board issue or it is en.wp only. When it is en.wp only, the policy
is either not carefully thought through or it should not be a board issue
in the first place.\

The time to reconsider the application from a project level did come and
has gone REALLY
Thanks,
 GerardM


On 16 June 2014 19:32, Tomasz W. Kozlowski twkozlow...@gmail.com wrote:

 Stephen LaPorte writes:

  We would like to announce that the Wikimedia Foundation Board of Trustees
  has approved an amendment to Section 4 of the Terms of Use to require
  disclosure of paid editing.

 There is a proposal on Wikimedia Commons that aims to opt-out that project
 from the amendment, given the huge differences between Commons and the
 English Wikipedia, at which the amendment was targeted.

 Feedback and comments are welcome at
 
 https://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Alternative_
 paid_contribution_disclosure_policy

 Tomasz


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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Tilman Bayer
Hi GerardM,

have you read Stephen's email?

On Mon, Jun 16, 2014 at 10:58 AM, Gerard Meijssen
gerard.meijs...@gmail.com wrote:
 Hoi,
 WOW,
 CAN SOMEONE WHO HAS THE AUTHORITY TO DO SO CLARIFY IF THIS WILL GET A
 HEARING?

 Either it is something that should apply to all projects and consequently
 it is a board issue or it is en.wp only. When it is en.wp only, the policy
 is either not carefully thought through or it should not be a board issue
 in the first place.\

 The time to reconsider the application from a project level did come and
 has gone REALLY
 Thanks,
  GerardM


 On 16 June 2014 19:32, Tomasz W. Kozlowski twkozlow...@gmail.com wrote:

 Stephen LaPorte writes:

  We would like to announce that the Wikimedia Foundation Board of Trustees
  has approved an amendment to Section 4 of the Terms of Use to require
  disclosure of paid editing.

 There is a proposal on Wikimedia Commons that aims to opt-out that project
 from the amendment, given the huge differences between Commons and the
 English Wikipedia, at which the amendment was targeted.

 Feedback and comments are welcome at
 
 https://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Alternative_
 paid_contribution_disclosure_policy

 Tomasz


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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Risker
Not quite sure what you're shouting about, Gerard.  The amendment clearly
gives individual projects the right to have an alternative to this
particular section of the terms of use, and that alternative can be either
more strict or less strict.  Seems Commons is considering an alternative
that is very much less strict.

If your point is that terms of use that are specifically intended for one
or a small number of projects, and that are extremely unlikely to be
enforced on most projects, should be addressed on a project-by-project
basis, I tend to agree with you; however, it seems that since the primary
target project couldn't come to consensus on a policy, everyone else gets
stuck with one designed for enwiki.

Risker


On 16 June 2014 13:58, Gerard Meijssen gerard.meijs...@gmail.com wrote:

 Hoi,
 WOW,
 CAN SOMEONE WHO HAS THE AUTHORITY TO DO SO CLARIFY IF THIS WILL GET A
 HEARING?

 Either it is something that should apply to all projects and consequently
 it is a board issue or it is en.wp only. When it is en.wp only, the policy
 is either not carefully thought through or it should not be a board issue
 in the first place.\

 The time to reconsider the application from a project level did come and
 has gone REALLY
 Thanks,
  GerardM


 On 16 June 2014 19:32, Tomasz W. Kozlowski twkozlow...@gmail.com wrote:

  Stephen LaPorte writes:
 
   We would like to announce that the Wikimedia Foundation Board of
 Trustees
   has approved an amendment to Section 4 of the Terms of Use to require
   disclosure of paid editing.
 
  There is a proposal on Wikimedia Commons that aims to opt-out that
 project
  from the amendment, given the huge differences between Commons and the
  English Wikipedia, at which the amendment was targeted.
 
  Feedback and comments are welcome at
  
 
 https://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Alternative_
  paid_contribution_disclosure_policy
 
  Tomasz
 
 
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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread phoebe ayers
On Mon, Jun 16, 2014 at 11:17 AM, Risker risker...@gmail.com wrote:

 Not quite sure what you're shouting about, Gerard.  The amendment clearly
 gives individual projects the right to have an alternative to this
 particular section of the terms of use, and that alternative can be either
 more strict or less strict.


That's correct. Members of various projects asked for this kind of
flexibility in the comment period, and the board agreed that we should add
the ability for projects to craft alternatives on a per-project basis to
this amendment.

In the absence of a local policy, however, the ToU amendment applies to
every project. While this issue is a concern of many on the English
Wikipedia, the amendment was not crafted specifically for en:wp; this has
been an issue across many language communities. The terms of use
(amendments and all) apply to all of our projects.

best,
-- phoebe

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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread Risker
On 16 June 2014 20:48, phoebe ayers phoebe.w...@gmail.com wrote:

 On Mon, Jun 16, 2014 at 11:17 AM, Risker risker...@gmail.com wrote:

  Not quite sure what you're shouting about, Gerard.  The amendment clearly
  gives individual projects the right to have an alternative to this
  particular section of the terms of use, and that alternative can be
 either
  more strict or less strict.
 

 That's correct. Members of various projects asked for this kind of
 flexibility in the comment period, and the board agreed that we should add
 the ability for projects to craft alternatives on a per-project basis to
 this amendment.

 In the absence of a local policy, however, the ToU amendment applies to
 every project. While this issue is a concern of many on the English
 Wikipedia, the amendment was not crafted specifically for en:wp; this has
 been an issue across many language communities. The terms of use
 (amendments and all) apply to all of our projects.

 best,
 -- phoebe



I'm so very disappointed in the Board and the WMF for this TOU amendment,
which was obviously written to quell concerns about English Wikipedia, with
extremely little consideration of any other project.  Now projects *must*
formally exempt practices that are perfectly acceptable to them: Commons in
particular, where professionals (who link to their personal for-profit
websites in their file descriptions) contribute a great deal of the highest
quality work; MediaWiki and all its developer-related sites, where a large
number of our best non-staff developers are financially supported by other
organizations; Wikidata, which is pure data and no benefit can be derived;
Wikisource, where no benefit can be derived; and a multitude of Wikipedias
that have openly welcomed editors who receive financial support or are paid
by various organizations without any issue whatsoever.  It is extremely
unlikely that it will ever be enforced in the vast majority of WMF
projects.

And the end result is an amendment that can't effectively be enforced
without violating the internal rules of the amendment. [1] It's virtually
impossible to make a supportable allegation of undeclared paid editing
without violating outing or harassment policies.  Of course, we all know
there will be plenty of unsupported allegations.

It would have been far more beneficial if the WMF and the Board had had the
courage to work directly with the English Wikipedia community to develop a
policy there instead of imposing it on hundreds of projects that not only
don't care, they will now have to create policies to counteract the effects
of this TOU amendment.  Simply put, Terms of Use should never include
clauses whose enforcement is undesirable in a significant portion of the
overall site.

I'll be off now to help Mediawiki create their RFC to essentially void this
decision.

Risker/Anne



[1]
https://meta.wikimedia.org/wiki/Terms_of_use/FAQ_on_paid_contributions_without_disclosure#How_does_community_enforcement_of_this_provision_work_with_existing_rules_about_privacy_and_behavior.3F
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Re: [Wikimedia-l] [Wikimedia Announcements] Disclosure amendment to the Terms of Use

2014-06-16 Thread MZMcBride
Risker wrote:
I'm so very disappointed in the Board and the WMF for this TOU amendment,
which was obviously written to quell concerns about English Wikipedia,
with extremely little consideration of any other project.  Now projects
*must* formally exempt practices that are perfectly acceptable to them:
Commons in particular, where professionals (who link to their personal
for-profit websites in their file descriptions) contribute a great deal
of the highest quality work; MediaWiki and all its developer-related
sites, where a large number of our best non-staff developers are
financially supported by other organizations; Wikidata, which is pure
data and no benefit can be derived; Wikisource, where no benefit can be
derived; and a multitude of Wikipedias that have openly welcomed editors
who receive financial support or are paid by various organizations
without any issue whatsoever.  It is extremely unlikely that it will ever
be enforced in the vast majority of WMF projects.

From what I can tell, a few people thought there was a lack of ammunition
against paid advocates. This amendment provides a modicum of firepower.

Whether this amendment is a good idea or not, I agree with you that this
amendment is unlikely to be heavily enforced, which is why I'm not
particularly concerned about it.

I imagine most readers and editors have never and will never fully read
the terms of use. I certainly haven't gotten through the whole thing. It's
long. Plus it's one of many documents that I'm allegedly supposed to read
before editing a wiki. I think I'm also supposed to read the Creative
Commons Attribution-ShareAlike 3.0 Unported License, the GNU Free
Documentation License, and probably the privacy policy, as well as local
policies and now policy overrides, of course.

So, uh, nobody does. And the world keeps on spinning. The general rule of
engagement continues to be don't be a dick, which is really a
re-statement of the Golden Rule. And none of this is specific to Wikimedia
wikis. Don't be a dick is pretty universal. Terms of use, terms and
conditions, site usage agreements, etc. continue to go unread across the
wired and unwired worlds. If it helps, there are worse things that the
Legal and Community Advocacy group could be spending its time on. :-)

Are black hat paid advocates going to disclose their practices on their
user page? Of course not. They're also not going to read or follow the
terms of use. Perhaps a benefit of this will be that GLAM folks and
similarly like-minded individuals will now be more cognizant of the need
to disclose their paid editing, which seems like a decent practice in many
cases. If that's the upshot here, that doesn't seem so bad.

At the end of the day, you don't need to register an account to edit. You
don't need to provide an e-mail address. With a very small amount of
patience, you can make as many accounts as you want (they're free!). We've
already lost the battle and yet we continue to win the war. How about that.

MZMcBride



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