On Fri, May 21, 2010 at 5:54 PM, <wjhon...@aol.com> wrote: > > The foundation does not "own and operate" the site in the way that Fox > news owns and operates their site. > The foundation merely ensures that the site operates, functions, runs. > It does not edit the contents of the site. That is the fundamental flaw in > this argument. > I really doubt that we are "promoting" the Foundation. I think we are > "promoting" (if anything) the contents of the site, which contents are > created, edited, loaded by the community. It is the uploader who is > responsible for any legal issue regarding what they have uploaded. Not the > foundation. > > That is how the Wikimedia sites differ from a typical site. > In the same way, Facebook is not legally responsible for some member > uploaded nude pictures of their ex-boyfriend to their page. > The user doing the uploading is responsible.
Actually, it's not only the uploaders that have 18 USC 2257(A) record keeping requirements, *anybody* who "inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct" *or *"produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or digitally- or computer-manipulated image, picture, or other matter intended for commercial distribution" becomes a "secondary producer<http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enforcement_Act>" and is subject to 18 USC 2257(A) record keeping requirements.[1]<http://www.justice.gov/criminal/optf/guide/2257compliance-guide-revised.pdf> Violations of 2257 are punishable by up to five years in federal prison for a first offense and ten years for subsequent offenses. Violations of 2257A are punishable by up to one year in federal prison.[2]<http://ilt.eff.org/index.php/2257_Reporting_Requirements> Hosting these images without 18 USC 2257(A) records, in my opinion, is a * no-win* situation for everyone involved. _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l