[Foundation-l] GFDL 1.3 Release

Tue Nov 4 02:04:10 UTC 2008

Erik writes:

>>
>> Will Wikimedia Foundation take the role of a publisher when  
>> relicensing
>> content?
>
> Mike can answer much better to any section 230 issues, but no, I don't
> see how it would. This change seems to me to be very similar in nature
> to our licensing policy.

  Section 230 analysis focuses on the origin or development of the  
content, and not on licensing (or relicensing). So it follows from  
this that relicensing could not by itself trigger a change in the  
Foundation's legal status (from "interactive computer service" to  
"publisher or speaker" according to the language of Title 47, Sec. 230  
of the United States Code). Note that this analysis focuses on a U.S.  
statutory provision -- it shouldn't be applied to other legal  
frameworks.

--Mike