Submissions/Whose's fault?: The civil liability on Wikipedia's information

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This is an accepted submission for Wikimania 2013.

Submission no. 
4022
Subject no. 
L2
Title of the submission
Whose's fault?: The civil liability on Wikipedia's information
Type of submission
Presentation
Authors of the submission

Mateus Nobre & Rodrigo Leite.

Country of origin

Brazilians

Affiliation

Mateus Nobre: member on Wikimedia Brasil and law student at Federal University of Semiarid.

Rodrigo Leite: Law professor at Federal University of Semiarid and Master in Law by Classic university of Lisboa.

E-mail address

mateusfnobre@gmail.com

rodrigoleite@ufersa.edu.br

Username

MetalBrasil

Personal homepage or blog
Abstract

Several times in the past years the wikimedians have witnessed all the potential for legal issues that the new information management model called Wikipedia can bring. Users (and even chapters) being sued for Wikipedia content. Whose's fault? Two law researchers - fitted with extensive doctrine, wide jurisprudence and jus-scientific research - intend to answer this capital question. With an international outlook, the panelists look forward to expose the juridical aspects of civil liability on Wikipedia's, to exhibit the actual interpretation of civil liability on Wikipedia's data and preventing wikimedians from juridic headaches.

Detailed proposal

We all know Wikipedia is a pedia, but is so also a wiki. Unite an embracing information spreader model (as an encyclopedia) with an all voluntarist and permanenctly-constructivist system (as a wiki) was not just a blast in the cultural world, but in the juridical one as well. The rise of an book made by a lot of people online couldn't seem more troublesome to prosecutors worldwide.

This haziness leaded us to unfortunate cases as the one which Wikimedia Italia (a chapter) being sued for 20,000,000 € for article information in 2010. [1] Fortunately, the Law shall not petrify society, but be dynamic and progress alongside with its, always with the welfare ideal in the horizon.

The civil liability of Wikipedia's information is a complex subject once it brings out some grey areas in the juridical science, as the civil liability of the hoster and the elements of civil liability. However, with juridical doctrine, updated international jurisprudence and original jus-scientific research, we look forward to define the diverse circunstances when 1) the hoster, 2) the editor and 3) the references could be civlly liable for any charge, investigating thoroughly the possibilities of the information, based in two major criteria: 1) collaboration of the hoster; 2) origins of information;

This work will make way in the area of wikipedia liability, and no place could be more appropriate than Wikimania. We hope that our contribution can finally bring grounding to the magistrates worldwide, and in the wikipedia ambient then, finally, we shall have fairness.

[1] - http://en.wikipedia.org/wiki/User:Gianfranco/Wikimedia_Italia_sued_for_20,000,000_%E2%82%AC

Track
  • Analysis and Public Engagement
Length of presentation/talk
25 Minutes
Language of presentation/talk
English
Will you attend Wikimania if your submission is not accepted?

Rodrigo Leite will not, and once he's not coming I could not follow with the submission.

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