[LINK] Wikipedia [France] Wins Landmark Case
Roger Clarke
Roger.Clarke at xamax.com.au
Mon Nov 5 12:39:09 AEDT 2007
[Darren Osborne at AAP drew this to my attention, looking for a
comment on its applicability in Australia. Remarks at end]
Wikipedia Foundation Wins Landmark Case
By Greg McNevin
Image and Data Manager Online
http://www.idm.net.au/story.asp?id=8981
November 5, 2007: In a landmark decision, a French court has ruled
that Wikipedia cannot be held responsible for content published on
its service by its users.
The online encyclopedia, which is written, edited and updated by
thousands of contributors around the world, was taken to court in
France by three men seeking damages for their homosexuality being
published online.
According to an AFP report, the men sought EU69,000 (AU$108,300) for
invasion of privacy when details of their sexuality were posted in a
short-lived anonymous article on the site. The judge rejected their
claim, however, arguing that the Wikimedia Foundation's (the not-for
profit organisation behind Wikipedia and other "wiki" sites)
responsibility for the content was not clearly established.
Due to its fundamental "anyone can add or edit" nature, Wikipedia is
coming under increasing criticism about accuracy and information
vandalism. While its many volunteer editors and its wider community
of users are vigilant about its misuse, the Foundation itself does
not control the content. It provides the open source tools and
funding to run the service, while the wider community of users
provide the content under a creative commons license.
The foundation is naturally quite pleased with the ruling, which
could prove to have wider ramifications in the web 2.0 publishing
world, perhaps by slowly taming the "wild west" of online publishing
by determining who is not responsible for content rather than by who
is.
"The decision is very clear and we appreciate the fact the court
acknowledges our role as an Internet host, rather than an editor,"
said Wikimedia Foundation chairman, Florence Devouard to AFP.
[Basically, the court accepted that Wikipedia isn't a publisher, but
rather a provider of space and facilities.]
[As regards any action against the individuals - assuming that
they're pseudonymous rather than anonymous: there are relatively few
circumstances in which an individual is restrained by privacy
protection law. Some exceptions: the torts of defamation,
confidence and passing off, and now maybe upskirting/voyeur laws.]
--
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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