Legal issues

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  1. Legal Issues in Wiki Management

This article provides a comprehensive overview of the legal issues relevant to managing a wiki, particularly one built on the MediaWiki platform. It is designed for beginners, offering guidance on copyright, defamation, privacy, licensing, and other potential legal pitfalls. Understanding these issues is crucial for maintaining a healthy, legally compliant wiki community. Ignoring these concerns can lead to significant legal trouble for wiki administrators and even individual contributors.

Introduction

Wikis, by their very nature, are collaborative and open platforms. This openness, while beneficial for knowledge sharing, introduces inherent legal risks. Anyone can contribute, which means content can potentially infringe on copyright, be defamatory, or violate privacy laws. Administrators bear a significant responsibility for mitigating these risks. This article will cover key areas, providing practical advice and resources. It's important to remember this is *not* legal advice; consult with a qualified attorney for specific situations. WikiProject:Legal is a good starting point for discussing these issues within your wiki community.

1. Copyright

Copyright is arguably the most significant legal issue facing wikis. Copyright protects original works of authorship, including text, images, audio, and video. A core principle is that copyright is automatically granted to the creator of a work, even if it isn't formally registered.

  • Infringement: Using copyrighted material without permission is copyright infringement. This includes copying large portions of text from books, articles, websites, or other sources. Even paraphrasing closely can be considered infringement. Images are especially problematic, as many are protected by copyright. Using copyrighted images without permission can lead to takedown requests and potential lawsuits. See Help:Images for guidance on acceptable image use.
  • Fair Use/Fair Dealing: There are exceptions to copyright protection, such as fair use (in the US) and fair dealing (in many other countries). These allow limited use of copyrighted material for purposes like criticism, commentary, news reporting, teaching, scholarship, or research. However, fair use is a complex legal doctrine, and the boundaries are often unclear. Simply adding a disclaimer stating "fair use" is *not* sufficient. Factors considered include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work. Wikipedia:Non-free content criteria provides a detailed example of applying these principles.
  • Public Domain: Works in the public domain are not protected by copyright and can be freely used. This generally applies to works whose copyright has expired or which were explicitly released into the public domain by the creator. Determining whether a work is in the public domain can be complex, as copyright laws vary by country. Resources like Wikimedia Commons specialize in hosting public domain and freely licensed content.
  • Licensing: Contributors often license their contributions to the wiki under specific terms. The most common license used by wikis is the Creative Commons Attribution-ShareAlike License (CC BY-SA 3.0), which allows others to use, share, and adapt the content, as long as they attribute the original author and license their derivative works under the same license. Understanding the implications of different licenses is critical. Special:MyContributions will show you the license under which *your* contributions are released.

2. Defamation

Defamation involves making false statements that harm someone's reputation. It falls into two categories:

  • Libel: Defamation in written or published form. This is the primary concern for wikis.
  • Slander: Defamation in spoken form.

To be considered defamatory, a statement must be:

  • False: The statement must be demonstrably untrue.
  • Published: It must be communicated to a third party. A wiki, being publicly accessible, inherently involves publication.
  • Identifying: It must identify the person being defamed.
  • Damaging: It must cause harm to the person's reputation.

Defense against Defamation: Truth is an absolute defense to defamation. If a statement is true, it cannot be defamatory, even if it harms someone's reputation. Other defenses include privilege (e.g., statements made in a legal proceeding) and opinion (statements that are not presented as facts). However, simply labeling something as "opinion" does not automatically protect it. WikiProject:Biographies of living persons outlines specific guidelines for writing about living people to minimize the risk of defamation.

3. Privacy

Wikis can inadvertently violate privacy laws by publishing personal information about individuals without their consent.

  • Personally Identifiable Information (PII): This includes information such as names, addresses, phone numbers, email addresses, social security numbers, and financial information. Publishing PII without consent is a serious privacy violation. Wikipedia:Privacy policy provides detailed guidelines.
  • Data Protection Laws: Laws like the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) regulate the collection, use, and storage of personal data. Wikis that collect personal data from users (e.g., through registration forms) must comply with these laws. This includes obtaining consent, providing users with access to their data, and allowing them to request deletion of their data.
  • Right to be Forgotten: Under some laws, individuals have the right to request that their personal information be removed from the internet. Wiki administrators may be required to comply with such requests.
  • Biographical Information: Exercise extreme caution when writing about living people. Avoid publishing sensitive personal information that is not already publicly available. Focus on verifiable facts and avoid speculation or gossip. Wikipedia:Biographies of living persons/Noticeboard is a place to report potential privacy violations.

4. Licensing of Wiki Software & Modifications

The MediaWiki software itself is licensed under the GNU General Public License (GPL). This means you are free to use, modify, and distribute the software, but you must also release any modifications you make under the GPL. This "copyleft" license ensures that the software remains open-source.

  • GPL Compliance: If you modify the MediaWiki software, you must make your modifications available under the GPL. This can involve publishing your source code.
  • Third-Party Extensions: Many wikis use third-party extensions to add functionality. Ensure that these extensions are also licensed under compatible terms. Some extensions may have restrictive licenses that limit your ability to use or modify them.
  • Database Licensing: The data within your wiki (the content contributed by users) is typically licensed separately (e.g., under the CC BY-SA license). This is distinct from the license of the software itself.

5. Terms of Use & Privacy Policy

Every wiki should have clear and comprehensive Terms of Use and a Privacy Policy.

  • Terms of Use: These outline the rules for using the wiki, including acceptable content, prohibited behavior, and disclaimers of liability. They should clearly state that users are responsible for their own contributions and that the wiki administrators are not liable for any damages arising from the use of the wiki.
  • Privacy Policy: This explains how the wiki collects, uses, and protects personal data. It should comply with applicable data protection laws (e.g., GDPR, CCPA). It should also inform users about their rights regarding their personal data. Wikipedia:Privacy policy is a good example to follow.

6. Dealing with Legal Threats

  • Takedown Notices: You may receive takedown notices from copyright holders or individuals alleging defamation or privacy violations. Take these notices seriously and investigate them promptly. Consult with an attorney before responding.
  • DMCA: In the United States, the Digital Millennium Copyright Act (DMCA) provides a safe harbor for online service providers (like wikis) from copyright infringement liability, provided they comply with certain requirements, including having a DMCA agent and a procedure for responding to takedown notices.
  • Legal Counsel: If you receive a legal threat, it is essential to consult with a qualified attorney as soon as possible. Do not attempt to handle the matter on your own.
  • Documentation: Keep detailed records of all legal threats, takedown notices, and your responses. This documentation will be valuable if you need to defend yourself in court.

7. Jurisdiction and Governing Law

Wikis are often accessible globally, which raises the question of jurisdiction. Which country's laws apply? This is a complex issue.

  • Server Location: The location of the wiki's server can be a factor in determining jurisdiction.
  • User Location: The location of the users who contribute to the wiki can also be relevant.
  • Terms of Use: Your Terms of Use should specify the governing law and jurisdiction for any disputes. It's advisable to choose a jurisdiction with a well-developed legal system and a favorable legal environment for online platforms.

8. Content Review and Moderation

Proactive content review and moderation are essential for mitigating legal risks.

  • Moderation Tools: MediaWiki provides various moderation tools, such as page protection, user blocking, and revision deletion. Use these tools to prevent and address legal issues.
  • Community Involvement: Encourage community involvement in content review and moderation. Train trusted users to identify and report potential legal problems.
  • Regular Audits: Conduct regular audits of the wiki's content to identify and address any potential legal issues.
  • Automated Tools: Utilize automated tools to detect copyright violations and other problematic content. ORES (Objective Revision Evaluation Service) is one example.

Resources and Further Reading


Help:Contents MediaWiki Special:Statistics Manual:Configuration Extension:Semantic MediaWiki Wikipedia:Policies and guidelines Help:Search Wikipedia:Tutorial Wikipedia:FAQ Wikimedia Commons Wikipedia:Disclaimer

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