Interesting court decision

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Vigilant
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Interesting court decision

Unread post by Vigilant » Wed Jun 17, 2015 12:43 am

Hello, John. John, hello. You're the one soul I would come up here to collect myself.

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Re: Interesting court decision

Unread post by Poetlister » Wed Jun 17, 2015 11:47 am

Firstly, WMF can say "our servers are in Florida, nyah, nyah". Secondly, the judgment refers to "the fact that they were published on a professionally-run and commercial news website". Nobody could accuse Wikipedia of being one of those.
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Re: Interesting court decision

Unread post by lilburne » Wed Jun 17, 2015 11:53 am

This is the judgement
https://regmedia.co.uk/2015/06/16/delfi ... dgment.pdf

Interesting discussion points:
28. On 16 December 2008 the Tallinn Court of Appeal upheld the
County Court’s judgment. It emphasised that the applicant company had not
been required to exercise prior control over comments posted on its news
portal. However, having chosen not to do so, it should have created
some other effective system which would have ensured rapid removal of unlawful
comments from the portal. The Court of Appeal considered that the
measures taken by the applicant company were insufficient and that it was
contrary to the principle of good faith to place the burden of monitoring the
comments on their potential victims.


29. The Court of Appeal rejected the applicant company’s argument that
its liability was excluded under the Information Society Services Act. It
noted that the applicant company was not a technical intermediary in respect
of the comments, and that its activity was not of a merely technical,
automatic and passive nature; instead, it invited users to add comments.
Thus, the applicant company was a provider of content services rather than
of technical services.

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Re: Interesting court decision

Unread post by Poetlister » Wed Jun 17, 2015 11:59 am

Does Wikipedia specifically invite rather than just allow edits? I would think the "anyone can edit" slogan is an invitation, but it could easily be argued either way.
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Re: Interesting court decision

Unread post by HRIP7 » Wed Jun 17, 2015 1:01 pm

Poetlister wrote:Does Wikipedia specifically invite rather than just allow edits? I would think the "anyone can edit" slogan is an invitation, but it could easily be argued either way.

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Re: Interesting court decision

Unread post by Vigilant » Wed Jun 17, 2015 2:45 pm

Poetlister wrote:Does Wikipedia specifically invite rather than just allow edits? I would think the "anyone can edit" slogan is an invitation, but it could easily be argued either way.
When the WMF sponsors edit-a-thons and calls for recruitment, I'd say, "That's a Bingo!"
Hello, John. John, hello. You're the one soul I would come up here to collect myself.

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