[WikiJA-l] Legal issues update on ja

2004年 10月 8日 (金) 15:00:47 UTC

Aphaia です。つづき。

Disclaimers のあとにくる部分です。

■ General Background

This year we have now no legal issues or troubles on any other
Japanese projects than Wikipedia (except Wiktionary deletion issue on
June, see the below #Legal issues related to ja in 2004).

Situation on ja.wp has not changed from Tomos report on May
(User:Tomos/Legal_discussions_on_Japanese_Wikipedia) basically. On
processing deletion and blocking/banning the basis of juristic
analysis are same, but recently the growth of users has reflected to
the current situation. Here I point out some changes.

Decision on deletion and blocking/banning were formerly on full
concensus, but now are based on rough consensus. Today it is difficult
for ja.wp to reach the full consensus because of its huge population
of registered users, although most of decision are made based on full
consensus in fact and the request for cancellation of decision are
rare in case there were opposite parties.

Certain contributers assert the deletion should be (or is expected to)
noticed to the original contributors, in addition to thier agreement
in advance at the time their submission. This opinion is partly based
on a view of courtesy but also on the legal aspect in relation to a
Japanese law, Law of Providers' Responsibility or shortly ISP Law(see
the below, #Deletion and ISP Law).

Introduction of ''Terms of Use" which will be applied only to Japanese
Wikipedia was proposed in February 2004, when there was no other
Japanese project within Wikimedia. The proposed draft of Terms of Use
was written in Japanese and discussed during February and March
mainly. But the discussion is ceised after then it is still a draft.
That draft is linked from MediaWiki:Lastupdate but seldom refered in
the community. There is no possibility of further discussion on Terms
of Use now. Other Japanese projects have no such discussion on making
their own Terms of Use or shared with other projects.

(Aphaia)
■ Deletion and ISP Law

On ja every contributor is expected to read the notices below the edit
window including they are consider to give the project full agreement
for the possible deletion of their contribution whenever they submit.
On the other hand in Japan, Law Concerning Limitation of Damages to
Specific Telecommunications Service Provider and Disclosure of Sender
Information, so-called ISP Law states that each deletion by the
provider against the will of the user who submitted the content is
relieved of their resposnsibilities of any compensation for the user
concerned with notice 7 days before the deletion, if the deletion is
requested by a third party because of legal violation (e.g.
copyright). It has been argued if such notice to a certain user is
necessary or not, specially the users themselves disagree with the
deletion of their submission. In particular this argument has arisen
in case users complaint such deletion has no appropriate reason and
violates therefore their own right (freedom of expression?) or honor.
(Aphaia)
■ Legal issues related to ja in 2004

Until Oct 7 there have been several legal issues on ja, some have
already been resolved, others are going-on or uncertain if they are
resolved. In this section brief information on each issue is found
successively by date. Usernames are only showed for on-going issues.
(Aphaia)
Apparently Resolved

Suisui will provide details to the board on two issues in another
mail. Here I mentioned only when they happened

   1. Dec, 2003 - resolved in the early 2004
   2. Wiktionary deletion; May, 2004 - resolved on June.

Going-on issues or uncertain if resolved

   1. Apr. 2004 Dolfin vs Wikimedia Foundation or "Japanese Wikipedia"
   2. Jun. 2004 K.M. vs "Wikipedia Japan"(sic) warned in
http://taurus.kake.info.waseda.ac.jp/wikip/joyful/joyful.u.cgi?mode=res&no=1715
   3. Sep. 2004 百楽天 vs uncertain in the text; the admin of the BBS
(running by an reigistered user of ja)? warind in
http://taurus.kake.info.waseda.ac.jp/wikip/joyful/joyful.u.cgi?mode=res&no=2713

(To be continued)