User:Brianjd

Babel user information
en-N This user has a native understanding of English.

This page is my perspective on the Wikimedia Foundation (WMF). This page remains neutral where possible; but sometimes this page needs to refer to me, and it does so in the first person.

Jurisdiction

The WMF inherits rules from relevant jurisdictions, as well as defining its own rules. Relevant jurisdictions always include the jurisdiction where the WMF is hosted; according to the WMF Terms of Use, this is San Francisco, California. They usually also include other jurisdictions, but there are remarkable inconsistencies about which ones. The WMF Terms of Use refer to applicable law and related concepts in several different ways:

• The summary includes this condition:

  You do not violate copyright, post illegal content, or violate other applicable laws that follow human rights principles. (without any information about which jurisdictions are relevant)

This seems to contradict the actual terms, which mostly do not limit the term applicable law to laws that follow human rights principles. (There is one exception in section 10, discussed later in this list.)

• The overview says:

  Please be aware that you are legally responsible for all of your contributions, edits, and reuse of Wikimedia content under the laws of the United States of America and other applicable laws (which may include laws where you or the subject of your contributions are located).

• Section 1, ‘Our Services’, says:

  For your own protection you should exercise caution and avoid taking any actions that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America and the State of California. For other countries, this is determined on a case-by-case basis. Although we may not agree with such actions, we warn users—particularly the editors, contributors, and authors—that non-U.S. authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content.

• Section 4, ‘Refraining from Certain Activities’, prohibits certain activities, including:
  • Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content)
  • Soliciting personally identifiable information from anyone under the age of 18 years, or under the age of majority where you are if higher than 18 years, for an illegal purpose or violating any applicable law regarding the health or well-being of minors (without any information about which jurisdictions are relevant)
  • Intentionally or knowingly posting content that constitutes libel or defamation under the laws of the United States of America (without any reference to other jurisdictions)
  • Using WMF services for Other Illegal Purposes:
    • Posting child pornography or any other content that violates applicable law concerning child pornography or child sexual abuse material, or encouraging, grooming, or advocating for others to create or share such material
    • Posting or trafficking in obscene material that is unlawful under applicable law
    • Using the services in a manner that is inconsistent with applicable law

  (all without any information about which jurisdictions are relevant)

• The section on public domain contributions says:

  It is important … that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries as required by the specific Project edition.

• The section on re-use says:

  Reuse of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under applicable copyright law. (without any information about which jurisdictions are relevant)

• Section 10, ‘Management of Websites’, says the WMF reserves the right to, among other things:

  Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat posting of unlawful material under applicable law in line with human rights principles

This is the only place where the actual terms reference human rights principles. This is being discussed on the Terms of Use talk page.

The same list of actions that the WMF reserves the right to take also includes:

• Investigate your use of the Projects or our services (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or an appropriate governmental request
• Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities)

This section does not include any information about which jurisdictions are relevant.

This section is referenced by my Commons user page.