Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-04 Thread Brad Jorsch (Anomie)
(note any comments here are entirely my own personal opinion) On Wed, Jun 4, 2014 at 11:23 AM, Mike Godwin wrote: > The ECJ said the > right "to be forgotten" applies when the data aggregated "appear to be > inadequate, irrelevant or no longer relevant, or excessive in relation > to the purpose

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-04 Thread Mike Godwin
Chris writes: > I think there's a philosophical issue about "privacy" here. As far as I can > see the ECJ interprets "privacy" as "the right to enjoy a private life", and > sees any party holding a significant amount of data about a private > individual without good reason as a potential infringem

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-04 Thread Chris Keating
> > Whatever "the right to be forgotten" may turn out to be, it's not > about publication of previously unpublished information. Ergo, it's > not about "invasion of privacy," broadly speaking. The opinion makes > clear that one can publish true, accurate, already-published > information and neverth

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-04 Thread Mike Godwin
??? writes: >On 02/06/2014 21:14, Mike Godwin wrote: >> >> Google has a clear purpose too, and it was no defense. Plus, there is >> a public-interest argument in favor of eschewing the erasure of true, >> accurate public data that happens to be old. >> > >There is nothing in the judgement about er

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread ???
On 04/06/2014 00:06, Nathan wrote: On Tue, Jun 3, 2014 at 6:54 PM, ??? wrote: On 03/06/2014 22:35, Nathan wrote: Interesting. Can you link me to a biography where a school detention is the main feature of the article? How about this 8 yo? https://en.wikipedia.org/wiki/Prince_Emmanuel_of_

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Nathan
On Tue, Jun 3, 2014 at 6:54 PM, ??? wrote: > On 03/06/2014 22:35, Nathan wrote: > >> >> Interesting. Can you link me to a biography where a school detention is >> the >> main feature of the article? >> > > How about this 8 yo? > https://en.wikipedia.org/wiki/Prince_Emmanuel_of_Belgium#Biography >

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread ???
On 03/06/2014 22:35, Nathan wrote: Interesting. Can you link me to a biography where a school detention is the main feature of the article? How about this 8 yo? https://en.wikipedia.org/wiki/Prince_Emmanuel_of_Belgium#Biography What about these other kids? https://en.wikipedia.org/wiki/Lady_L

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Nathan
On Tue, Jun 3, 2014 at 5:23 PM, ??? wrote: > On 03/06/2014 12:53, Mark wrote: > >> On 6/2/14, 10:55 PM, ??? wrote: >> >>> There is no public interest in how many time celeb X got a detention >>> at school for not doing their homework at junior high. >>> >> >> Isn't that the kind of information yo

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread ???
On 03/06/2014 12:53, Mark wrote: On 6/2/14, 10:55 PM, ??? wrote: There is no public interest in how many time celeb X got a detention at school for not doing their homework at junior high. Isn't that the kind of information you would in fact expect to find in a biography of any kind of public

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Mike Godwin
On Tue, Jun 3, 2014 at 10:37 AM, Nathan wrote: > Does the ECJ need to establish jurisdiction over Wikimedia or specific users > (presumably only those users directly involved in creating or curating the > content in dispute)? We've seen in some situations in the past (e.g. with > the DCRI and frw

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Nathan
On Tue, Jun 3, 2014 at 9:37 AM, Mike Godwin wrote: > On Mon, Jun 2, 2014 at 4:19 PM, Todd Allen wrote: > > Would WMF, being in the US, need to worry about this to any greater > degree > > than it worries about, say, Chinese publishing restrictions, or UK > > "superinjunctions"? > > First, WMF op

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Mike Godwin
On Mon, Jun 2, 2014 at 4:48 PM, Chris Keating wrote: >> >> > I don't believe Wikipedia could be a data controller as it has no legal >> > personality, and legal personality is quite difficult to acquire when >> > you >> > set out to avoid acquiring it. >> >> On this point I must disagree. WMF is

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Mike Godwin
On Mon, Jun 2, 2014 at 4:19 PM, Todd Allen wrote: > Would WMF, being in the US, need to worry about this to any greater degree > than it worries about, say, Chinese publishing restrictions, or UK > "superinjunctions"? First, WMF operates globally, and while I took pains as general counsel, just a

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-03 Thread Mark
On 6/2/14, 10:55 PM, ??? wrote: There is no public interest in how many time celeb X got a detention at school for not doing their homework at junior high. Isn't that the kind of information you would in fact expect to find in a biography of any kind of public figure? If I were reading a biogr

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-02 Thread ???
On 02/06/2014 21:14, Mike Godwin wrote: Google has a clear purpose too, and it was no defense. Plus, there is a public-interest argument in favor of eschewing the erasure of true, accurate public data that happens to be old. There is nothing in the judgement about erasing "true, acaccurate pu

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-02 Thread Chris Keating
> > > > I don't believe Wikipedia could be a data controller as it has no legal > > personality, and legal personality is quite difficult to acquire when you > > set out to avoid acquiring it. > > On this point I must disagree. > I'd be interested to hear why :-) I think also though that if edito

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-02 Thread Todd Allen
Would WMF, being in the US, need to worry about this to any greater degree than it worries about, say, Chinese publishing restrictions, or UK "superinjunctions"? On Jun 2, 2014 2:15 PM, "Mike Godwin" wrote: > Chris writes: > > > If as a private citizen in the EU you construct a card-file index of

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-02 Thread Mike Godwin
Chris writes: > If as a private citizen in the EU you construct a card-file index of > newspaper cuttings (or any other kind of database) including personal > details about a group of individuals, you are becoming both a "data > processor" and "data controller". I think that's the plain meaning o

Re: [Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-06-02 Thread Chris Keating
On Fri, May 30, 2014 at 6:39 PM, Mike Godwin wrote: > Chris writes: > > > As I understand it, the "right to be forgotten" will only affect the > > discoverability of content, rather than existence of content. > > > > So if we rely on a source which says that person X did Y many years ago, > > and

[Wikimedia-l] Applying the Right to Be Forgotten to Wikipedia (Was Re: Right to be forgotten)

2014-05-30 Thread Mike Godwin
Chris writes: > As I understand it, the "right to be forgotten" will only affect the > discoverability of content, rather than existence of content. > > So if we rely on a source which says that person X did Y many years ago, > and X succeeds in invoking their "right to be forgotten", then the sou