On Tue, Dec 9, 2008 at 11:58 AM, Thomas Dalton <[EMAIL PROTECTED]>wrote:

> 2008/12/9 Anthony <[EMAIL PROTECTED]>:
> > On Tue, Dec 9, 2008 at 10:42 AM, Thomas Dalton <[EMAIL PROTECTED]
> >wrote:
> >
> >> > On the other hand, accepting absolutely anything would quickly get
> >> Wikipedia
> >> > blocked everywhere.
> >>
> >> Of course, but part of being neutral is that we can't decide what is
> >> and isn't acceptable.
> >
> >
> > I absolutely disagree with that.  Like I said, neutrality does not equal
> > moral relativism.  An encyclopedia *must* decide what is and isn't
> > acceptable.  There is no choice *except* to decide that.
>
> Why not? What happens if we choose not to decide that?
>

"If you choose not to decide you still have made a choice."  Seriously,
though, if you don't decide what to include and what not to include, then
you haven't created an encyclopedia, you've created a blob of random bits of
content.

>> We use the law for that.
> >
> >
> > What law?  The law of Florida?  What's neutral about that?  Clearly
> Florida
> > law, and all US law for that matter, allows for speech which is directly
> > contradictory to the goals of the foundation.  Content which is legal
> under
> > Florida law is at best a superset of acceptable content (I say "at best"
> > because there are probably instances of acceptable content which is
> > nonetheless illegal).  On the other hand, content which is legal under
> the
> > laws of all states in the world is clearly a subset of acceptable
> content.
>
> Yes, Florida law (although I think UK law is pretty similar in this
> regard). It's not neutral, it's arbitrary, but we have no choice in
> the matter.


That's exactly the point I made above, though.  You have to choose.  Why
choose arbitrarily?


> What legal content under Florida law isn't acceptable? And
> says who?
>

The beheading of Nick Berg seems to be legal under Florida law.  But I don't
find it acceptable, and neither do a majority of Wikipedians.  That's just
one example though.  There are an infinite number of them.


> > The fact that no-one
> >> has ever been charged with any offence regarding this image that was
> >> been around for 32 years is pretty strong evidence that is isn't
> >> illegal.
> >
> >
> > I disagree with that, but moreover, the fact that the UK police were
> > consulted about this very image, directly leading to the decision to ban
> the
> > page, surely is greater evidence of the opposite conclusion.
>
> "Consulted" doesn't mean much, we have no idea what they said, just
> that they were asked about it. The fact that they didn't, as soon as
> they saw the article, start arresting record shop owners suggests they
> didn't think it was particularly illegal.
>

There's clearly no mens rea on the part of record shop owners at this point.

>  Furthermore, I
> > don't see how you can state unequivocally that "no-one has ever been
> charged
> > with any offence regarding this image".  The image clearly is illegal in
> > certain middle-eastern countries, isn't it?
>
> I'll concede that point and withdraw the overly generalised remark.
> No-one has been charged in either the US or the UK, which are the two
> jurisdictions relevant to this discussion.


Why are those the only jurisdictions relevant?  I thought the only relevant
jurisdiction was Florida.
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