O pessoal tava reclamando que a WMF não tava ajudando o Chico (que tava a
ser investigado pela PF a pedido do Gilmar Mendes)

Essa ai é a resposta do advogado da WMF
*Béria Lima*

*Imagine um mundo onde é dada a qualquer pessoa a possibilidade de ter
livre acesso ao somatório de todo o conhecimento humano. Ajude-nos a
construir esse sonho. <http://wikimedia.pt/Donativos>*

On 1 December 2012 13:09, Gabriela Cortês

> ?
>   ------------------------------
> *De:* Ricardo Navalha <ricardo.nava...@gmail.com>
> *Para:* wikimediabr-l@lists.wikimedia.org
> *Enviadas:* Sábado, 1 de Dezembro de 2012 12:42
> *Assunto:* [Wikimedia Brasil] Statement from WMF General Counsel
> I want to thank the Portuguese Wikipedia community in Brazil for their
> hard work as Wikimedians and especially their dedication to and passion for
> the free distribution of truthful information. Like other projects,
> Portuguese Wikipedia represents an amazing collaboration and building of an
> encyclopedia that will survive for many ages. You share in the honor of
> constructing something great for the benefit of others.
> Although I am not a Portuguese Wikimedian, if I may say so, I am a bit
> concerned about seeing the situation in Brazil on Portuguese Wikipedia
> somewhat escalating. May I please suggest consideration of calm and
> restraint in deciding how the community responds to the situation.
> At the Foundation, we have no tolerance for censorship of truthful
> information. Because of legal ethical rules that apply in the United
> States, however, my legal team may represent only the Foundation, not
> community members unfortunately. Nevertheless, with a clear understanding
> that we are not the lawyers for those members, we often help support them
> with our extensive global experience when the members are faced with
> serious unjustified threats. In doing so, of course, we rely on the
> community to follow its own policies, such as NPOV, and to take the
> necessary steps to ensure that contributions are factual, legal, and
> non-infringing. As set out in our terms of 
> use<http://wikimediafoundation.org/wiki/Terms_of_Use> ,
> WMF does not control or influence the content contributed by community
> members.
> In the case of the investigation that has involved one of the members of
> the community, we fear there is a misunderstanding since we are genuinely
> surprised by the summaries that have been provided to us. Although we may
> be mistaken, we actually thought WMF acted quite appropriately in this case
> with a close focus on the issue. Although I prefer not to go into too much
> detail given the ongoing matter, as I understand, the Wikimedian approached
> us when he received an apparent request to appear for questioning as part
> of an investigation. At that time, at our expense, one of my most senior
> attorneys at WMF contacted legal counsel in Brazil to seek a better
> understanding of the risks. Legal counsel advised us about the case in
> detail, suggesting that, under the circumstances, the risk should be
> relatively low if certain things (as we understood them) were in fact so.
> It appeared to us that the Wikimedian agreed. We nevertheless cautioned
> that the Wikimedian attend any meeting with police officials with legal
> representation to ensure his rights were adequately protected against
> unjustified claims.
> At that time, there were preliminary inquiries as to whether the
> Foundation would pay for legal counsel. Under the Legal Fees Assistance
> Program<http://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/Legal_Fees_Assistance_Program>
>  and
> the Defense of Contributors 
> policy<https://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/Legal_Policies#Defense_of_Contributors>,
> certain threshold criteria must normally be met. One such criterion is that
> the user must usually be named as a defendant in a legal action, which was
> not so here. We nevertheless were in close contact with the Wikimedian as
> we saw it. If the investigation had escalated, we would have reassessed the
> need for additional support.
> In a later update, we understood that the Wikimedian had obtained legal
> counsel and that the two attended a productive meeting with the
> investigator. We also had our Brazilian legal counsel review certain
> investigation documents, which confirmed our assessment.
> There was a request that WMF staff members be interviewed on the community
> policies applicable to Portuguese Wikipedia. As a general matter, we are
> not familiar with the policies applicable to Portuguese Wikipedia. We
> suggested that the Portuguese community play a role in this regard.
> We were watching the situation closely and providing guidance where we
> were able. We care deeply about our community, and, in cases of serious
> unjustified allegations, we seek to help support the community. Indeed,
> these types of cases are not uncommon. Experienced in international
> matters, we are constantly involved in rebutting unjustified allegations
> worldwide, and, if I may say so, we are often successful at it.
> Again I believe that the community should not aggravate the situation to
> avoid misunderstandings or misperceptions which may unjustly expose
> community members to unfounded legal threats. For this reason, I reiterate
> my recommendation of consideration of calm and restraint in assessing and
> responding to the situation.
> Thank you for your genuine concern about free expression and your
> indignation against unjust censorship. Thank you for collecting and
> developing educational content under a free license or in the public domain
> for the benefit of the world.
> With warm regards,
> Geoffbrigham <http://pt.wikipedia.org/wiki/Usu%C3%A1rio(a):Geoffbrigham>
> http://pt.wikipedia.org/wiki/Wikip%C3%A9dia:Esplanada/geral/Not%C3%ADcia-crime_de_Gilmar_Mendes_contra_mim_por_edi%C3%A7%C3%B5es_na_P%C3%A9dia_(29nov2012)
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