--- Daniel Mayer <maveric149(a)yahoo.com> wrote:
Tomos wrote:
Similar things, but with different conditions,
would apply for
admins of other language-wikis. So, sometimes, even if the content
is perfectly legal to host in a U.S. server, it would have to be
deleted by an admin in another country.
Uh, no. The /only/ thing that counts is the legality of having
the material on a server in the US. What is legal for the user
to submit to Wikipedia is entirely up to the individual user, his
or her nation and the amount of risk the user is willing to take.
The /only/ laws that matter here are the ones of California and the
US. So if the material violates California and US law, /then/, and
only then, can it be deleted on legal grounds.
If I understood Tomos correctly, his point was this: a user posts
material to Wikipedia in violation of his country's laws, but not in
violation of US/CA laws. Somebody from that country notices the
violation, complains to an admin from that country and demands the
removal of the material. If the admin doesn't comply, they could
conceivably become liable under the laws of their own country.
This is the way I understood Tomos's point, and I don't think Mav
misunderstood it either. I agree with Mav's analysis, and the only
thing that would change that would be to have the server in an other
jurisdiction.
GNU-FL issues and our principle that the user does not own the content
also play a role. The contributor's ownership ends when he presses
"save". At that point the legal jurisdiction is transferred from the
user's country to the server's country, so where is the admin's liability.
Suppose too that the admin does comply with the demand (and there is no
question about liability in the server country). I, as resident of a
third country or even of the server country, can revert the deletion.
What liability would then exist in the country of the original
contributor and administrator?
Ec