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 <fredericknoro...@gmail.com> 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 <sudhanwa....@gmail.com> > 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 >> Wikimediaindia-l@lists.wikimedia.org >> To unsubscribe from the list / change mailing preferences visit >> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >> > _______________________________________________ > Wikimediaindia-l mailing list > Wikimediaindia-l@lists.wikimedia.org > To unsubscribe from the list / change mailing preferences visit > https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l >
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