Obrigada Beria. Não entendi o que ele disse. Obrigada se alguém puder explicar.


 De: Béria Lima <berial...@gmail.com>
Para: Gabriela Cortês <gabrielacortes1...@yahoo.com.br>; Lista de emails da 
Wikimedia Brasil. <wikimediabr-l@lists.wikimedia.org> 
Enviadas: Sábado, 1 de Dezembro de 2012 14:19
Assunto: Re: [Wikimedia Brasil] Statement from WMF General Counsel

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 

On 1 December 2012 13:09, Gabriela Cortês <gabrielacortes1...@yahoo.com.br> 

> 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 , 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 and 
>the Defense of Contributors policy, 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 
>With warm regards,
>WikimediaBR-l mailing list
>WikimediaBR-l mailing list
WikimediaBR-l mailing list

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