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We are all Diù: a tale of wiki edits, defamation and Greek politics
Alexandra Giannopoulou
“to encourage the growth, development and distribution of free, multilingual, educational content, and to provide the full content of these wiki-based projects to the public free of charge”.
Let’s build an encyclopedia!
A community of editors
Is Wikimedia responsible for Wikipedia content?
NON!
1) France: District Court of Paris, 29 October 2007,M. B., M. P.T., M. F .D. v. Wikimedia Foundation Inc.
“the parties agree that the Wikimedia Foundation has been summoned only as a hosting service provider, in particular for the purpose of terminating the harm caused by the content”.
2) USA: Superior Court of New Jersey, 21 July 2008Bauer v. Wikimedia
“Wikimedia is a provider and user of an interactive computer service and is therefore immune from all claims”.
Is Wikimedia responsible for Wikipedia content?
NO!
Is Wikimedia responsible for Wikipedia content?
NO!
3) Italy: Civil Court of Rome, 20 June 2013: Previti v. Wikimedia Foundation Inc. District Court of Rome, 9 July 2014: A. Angelucci, G. Angelucci v. Wikimedia Foundation Inc. Italia“The Wikimedia Foundation] offer[s] a service precisely structured around the users’ freedom to compile the encyclopedia entries. It is exactly such freedom that leaves out the duty to provide any guarantee, and that is balanced by the possibility for anyone to modify the encyclopedia contents and to ask for their elimination . . .”.
Is Wikimedia responsible for Wikipedia content?
NEIN!
4) Germany: Higher Regional Court of Stuttgart, 2 October 2013
“Wikimedia is a “service provider” and not a “content provider as it is merely distributing information through publication and not “alleging” that information”.
Wikipedia Greece
Theodore Katsanevas v. Dimitrios Liourdis (Diù), ELLAK
In Papandreou's will, as publicly disclosed on 13 September 1996, he described Katsanevas as a "disgrace to the family" (Greek: όνειδος της οικογένειας) and said that "his aim was to politically inherit the history of struggle of Georgios Papandreou and Andreas Papandreou” (Georgios Papandreou was Andreas' father and was also a Greek Prime Minister).
“Greenpeace supports and organizes a campaign in favor of organic products. When a citizen gets food poisoning from the organic spinach he bought, he decides to sue Greenpeace because it supports organic products”.
Greek Free / Open Source Software Society (GFOSS)
As of August 2012, there were 285 Wikipedias
Community Self-regulation model
Neutrality
Openness
Be civil!
Referencing
Neutrality
Openness
Referencing
Be civil!
No original
research
“If an allegation or incident is noteworthy, relevant, and well documented, it belongs in the article – even if it is negative and the subject dislikes all mention of it”.
“You are responsible for your own actions: You are legally responsible for your edits and contributions on Wikimedia Projects”. User anonymity?
The user has to temporarily remove from the Greek-language Wikipedia article all the phrases that the claimant believes constitute an insult to his honour and person.
Interim order, 1
1 March 2014
Is Wikimedia responsible for Wikipedia content?
OXI?
4) Greece: Not examined by the courtRisk of liability from the interim order?
“fails to take down defamatory content once it receives notice that it is hosting such content ““While Wikimedia does not have to check beforehand whether the contents of a Wikipedia article are true, it has a duty to check if somebody complains about the article”
Wikipedia is not a democracy
Communities are not always right
Streisand effect
What is an effective take-down?
Biased and incomplete Wikipedia entries: Are the pillars respected?
