[WikiJA-l] Legal issues update on ja

2004年 10月 8日 (金) 15:08:16 UTC

Aphaia です。承前。

On Sat, 9 Oct 2004 00:00:47 +0900, Aphaia <aphaia ＠ gmail.com> wrote:

■ Dolfin vs WMF

Dolfin is a registered user on Japanese Wikipedia. His identity is
little known for the community. After edit wars s/he has been banned
in the early of April.

On 4/10 Tomos received an email from a person who stated the
representative of Dorfin.

The representative of Dorfin (I call the person RoD in the below)
claimed as below: the ban for Dolfin resolved the contract between
Dorfin and Mediawiki Foundation (sic?), all the contributions on
(ja).wp became therefore copyright violation against Dolfin. Dolfin
demanded to resolve that violation, that is, deletion of all his/her
contributions form Japanese Wikipedia.

http://ja.wikipedia.org/w/wiki.phtml?title=Wikipedia:%E5%89%8A%E9%99%A4%E4%BE%9D%E9%A0%BC_2004%E5%B9%B44%E6%9C%88_Dolfin%E3%81%95%E3%82%93%E9%96%A2%E9%80%A3&oldid=319571
The list of Dolfin's contributions requested for deletion on the first
mail of RoD]

three Japanese Wikipedians who were legal professionals commented
RoD's demand couldn't be supported by Japanese Civil Law, particularly
the analysis of contract concept.

Replying Tomos, Jimbo mailed Tomos his order and opinion. Jimbo
expressed clearly his will to reject the demand of RoD per se and
order to manage RoD's request for deletion on RfD as same as other
requests for deletion. No one objected to begin the process of RfD but
actually procedure on those request haven't been realised.

It is uncertain if RoD and/or Dolfin took any action, although RoD
stated if the deletion would be done asap, they has prepared to make
their demand a legal issue.
■ K.M. vs "Wikipedia Japan"(sic)

    * Background

K.M. is a registered user of Japanese and English Wikipedias. His
background is little known in the community except information on his
user page. According to his user page, he is a faithful of Jehovah's
Witnesses, Christian or Christianity-influenced denomination. S/he was
banned because of edit war and editing other user's statement on talk.

Most of his contributions were strongly controversial, because they
violated the copyright of Jehovah's Witnesses publications but K.M.
insisted they were her / his original writings. K.M. didn't admit
those copyright violation, and after their deletion, sh/e claimed
those deletions challenged to the freedom of expression and belief in
a BBS serving ja.wp, and Arbitration page on en.wp.

    * Warn

http://taurus.kake.info.waseda.ac.jp/wikip/joyful/joyful.u.cgi?mode=res&no=1715

On 6/8 K.M. (or a person under his name) posted a warning of
accusation to Wikipedia Japan (sic) because of libel. The post of K.M.
pointed out three points who s/he considered as libel; ''unjust''
deletion of his/her articles, ''POV'' on some Christianity-related
articles (the meaning of this statement is uncertain) and page
protections of those articles.

    私の記事の不当な削除、十字架?、復活祭?、キリスト教系の新宗教?での偏向な内容（POV)の記事記載＆管理人による不当ページ保護が続いているようですので、名誉毀損でWikipedia
Japanを告発する。

Because of two reasons this warning seems to be ineffective, according
to some Wikipedians. First, it is uncertain what meant there
''Wikipedia Japan''; if it was intended ''Japanese Wikipedia'',
according to the Japanese law, it has no legal subject; it is not even
''organisation without regal rights'', so hard to be an opponent side
of a suit. Second, on those points s/he referred, it was unclear "to
whom" the libel has be done. Unless K.M. is a representative of
Jehovah's Witnesses, libel to J.W. (as organisation) is not a libel to
K.M. as individual. And in Japanese law a suit on libel is processed
only based on request of interested party.

Discussion on this issues continued to 6/11 substantially. It is
uncertain if K.M. has done any other activities related to this
matter.

Tomos さんのように訳を添えるべきなんでしょうが、申し訳ありません。
明日は早いので、今晩はこれで失礼させていただきます。

ポストは明日土曜日の夜（日本時間）を考えています。

-- 
Aphaea@*.wikipedia.org
email: Aphaia @ gmail (dot) com