The WMF's legal team has already provided its opinion in the post published on their blog (linked above in Sudhanwa's email). The post admits that the oversight action was unusual, and a departure from the ordinary norms that would usually apply.
I do not think there is anything irresponsible about having an open and frank discussion about the issue based on the information that is available in the public domain. On Tue, May 7, 2019 at 7:18 PM Asaf Bartov <[email protected]> wrote: > Since you are disappointed at staff silence on this list, I will clarify: > I have no more insight into the legal issue, and the considerations that > made the WMF Legal team comply with the German court order, than you do. > Nor am I a lawyer. For me to offer any opinion on the matter would be > irresponsible. The Legal team at WMF *is* in a position to address your > concern, and can be reached at [email protected]. As far as I know, > none of them reads this mailing list. > > A. > > On Mon, May 6, 2019 at 9:42 PM Sudhanwa Jogalekar <[email protected]> > wrote: > >> Hi, >> >> My point was not about the content or context of the court order but the >> compliance of it by WMF. >> For all these years, we have been told that WMF does not do anything on >> the content on wikipedia. And here is a case where even the history is also >> removed that too within a day to comply with a German court order which is >> obviously out of jurisdiction of any US laws under which WMF is required to >> be complaint. >> >> From the points mentioned by Anirudh, it is also clear that WMF probably >> does some(may be considerably more) discrimination depending on the >> context. As such, it seems there is a bias within WMF and also on the >> content of WMF projects. >> >> For me, it is very much important that the Indian map issue IS a legal >> matter and WMF does not address it properly. This issue is being >> highlighted from the Wikiconference in Mumbai and it still continues. >> Almost all my time after leaving from Pune till I came back from the >> conference was completely eaten up by the maps issue (police, morcha and >> what not. Obviously I am touchy about it.) >> >> It is really saddening to know that all the people from the community, >> and various WMF connected organisations and user groups etc are absolutey >> silent on it. Otherwise, they make so much noise on any minor points >> happening here and there. And WMF staff also gets into the discussions. >> There is complete silence now on the maps topic and legal issue. >> >> btw, >> Have you noticed the change in Google maps of India? After the air strike >> and F16 down, Google maps show the correct maps of India now (no Pakistan >> or Chinese controlled areas etc) >> >> Legal experts, please comment. Your opinions are very important for all >> of us. >> Regards >> -Sudhanwa >> >> >> >> >> On Thu, May 2, 2019 at 2:24 PM Anirudh S. Bhati <[email protected]> >> wrote: >> >>> The fact that the German court order had to do with a relatively private >>> and low-profile individual could explain WMF's willingness to comply with >>> the decision. If, however, the ruling had to do with a high-profile >>> individual in politics, or some political issue that raised substantial >>> questions around free speech, then perhaps WMF's approach could have been >>> different. >>> >>> At the same time, we should keep in mind that there are also strong >>> financial reasons to comply with court rulings of the German courts, as WMF >>> raises a significant amount of money from the German public. If they had >>> been facing a Laotian court order, for instance, their approach could have >>> been very different. I do think this had more to do with the fact that the >>> court order dealt with a relatively private and low-profile person. >>> >>> How would WMF react to a situation like this in India? I think it will >>> be dealt on a case-by-case basis. >>> >>> Yours, >>> Anirudh >>> >>> >>> >>> On Thu, May 2, 2019 at 3:15 AM Frederick Noronha < >>> [email protected]> wrote: >>> >>>> Hi Sudhanwa, >>>> >>>> This is a complex case, with legal (and perhaps technological) >>>> implications, so I'm not surprised by the lack of response. >>>> >>>> Law and technology seem to be moving in different directions here. >>>> >>>> (1) I am familiar with the journalistic/legal argument that the >>>> repetition of a defamatory statement is, in itself, defamation too. >>>> >>>> (2) On the other hand, the Wikipedia believes that all the edit >>>> histories should be retained, for convincing and sound reasons. >>>> >>>> But what happens if some defamatory statement gets 'embedded' in those >>>> histories? >>>> >>>> This is why I see a kind of conflict between law and the way technology >>>> (Wikis, in this case) seem to be evolving.... >>>> >>>> In some cases at least, the Wikipedia should challenge the rulings of >>>> the courts. (This one seemed to offer little time to do this.) I'm sure a >>>> number of pro bono lawyers will support such an important cause. FN >>>> >>>> On Thu, 2 May 2019 at 00:48, Sudhanwa Jogalekar <[email protected]> >>>> wrote: >>>> >>>>> Dear Indian Wikimedians, >>>>> >>>>> I had sent this mail earlier also and was expecting some comments on >>>>> it. Somehow not a single person has replied to this mail. >>>>> We talk so much on the list on many insignificant things. Many times >>>>> WMF people also add their comments/views in it. But for such an important >>>>> topic, that too of national interest, there is complete silence !! I am >>>>> surprised and saddened. >>>>> >>>>> This was the original mail I sent on April 12th. >>>>> ----------------------- >>>>> >>>>> Please check out this news from WMF. >>>>> >>>>> >>>>> https://wikimediafoundation.org/2019/04/11/a-german-court-forced-us-to-remove-part-of-a-wikipedia-articles-history-heres-what-that-means/ >>>>> >>>>> This means WMF accepts court rulings across the world and take action >>>>> accordingly. What can happen in the case of India maps? Your views please. >>>>> >>>>> Regards >>>>> --------------------------- >>>>> --Sudhanwa >>>>> >>>>> ~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~! >>>>> web: www.sudhanwa.com blog: www.sudhanwa.in >>>>> Twitter: sudhanwa Check on FB, Linkedin for more. >>>>> _______________________________________________ >>>>> Wikimediaindia-l mailing list >>>>> [email protected] >>>>> To unsubscribe from the list / change mailing preferences visit >>>>> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >>>>> >>>> _______________________________________________ >>>> Wikimediaindia-l mailing list >>>> [email protected] >>>> To unsubscribe from the list / change mailing preferences visit >>>> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >>>> >>> _______________________________________________ >>> Wikimediaindia-l mailing list >>> [email protected] >>> To unsubscribe from the list / change mailing preferences visit >>> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >>> >> >> >> -- >> >> ~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~!~! >> web: www.sudhanwa.com blog: www.sudhanwa.in >> Twitter: sudhanwa Check on FB, Linkedin for more. >> _______________________________________________ >> Wikimediaindia-l mailing list >> [email protected] >> To unsubscribe from the list / change mailing preferences visit >> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >> > > > -- > Asaf Bartov > Wikimedia Foundation <http://www.wikimediafoundation.org> > > Imagine a world in which every single human being can freely share in the > sum of all knowledge. Help us make it a reality! > https://donate.wikimedia.org > _______________________________________________ > Wikimediaindia-l mailing list > [email protected] > To unsubscribe from the list / change mailing preferences visit > https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >
_______________________________________________ Wikimediaindia-l mailing list [email protected] To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
