Comment by Kim_Bruning
21 hours ago
Well, that would be tricky, since Wikipedia is not a business, and is nor is it specifically American. (Other than a foundation in the US that runs the servers) . There are Wikipedias in many of the world's languages!
If the UK effectively bans public wikis above a certain size (even if by accident), then it is the law of the land that Wikipedia is banned. Or at least the english wikipedia, which is indeed very large. And if it is banned, then it must block access for the uk, under those conditions. Depending on the exact rules, possibly the uk could make do with the Swahili wikipedia?
That said, the problem here is that it is a public wiki of a certain size. One option might be for Wikipedia to implement quotas for the UK, so that they don't fall under category 1 rules.
Another option would be to talk with Ofcon and get things sorted that way.
By Wikipedia I meant the foundation of course. I'm not sure localisation automatically makes them a multinational entity. Windows is available in Chinese but we both understand that Microsoft is not a Chinese company.
It is fair to say it's not a business, but essentially there's no difference to my feeling that private entities from other countries shouldn't be throwing their weight around in local democracy.
Do you feel that Wikipedia today is banned through the letter of the law? If so why is there a question of it continuing to operate there?
The Wikimedia Foundation is not in charge of the Wikipedias per se (though as always, once you have a central organization, it starts stretching its tentacles) .
Wikipedias are not merely localized versions of each other, they're truly independent.
If you happen to know two languages and want to quickly rack up edits (if that's your sport), arbitraging knowledge between two Wikipedias is one way to go.
Wikipedia is not throwing their weight around. They are merely pointing out that the law happens to make their operating model illegal, and surely that can't be the intent. If they are illegal, they cannot operate. Is "very well, we disagree, but if you truly insist, we shall obey the law and leave" throwing your weight around?
And yes, I get the impression that the UK's letter of the law could lead to a categorization with rules that (a) Wikipedia simply cannot comply with, and still be a Wikipedia. So in that case Wikipedia would be effectively banned.
But we're not there yet. Hence the use of proper legal channels, including this court case. Ofcom is expected to make their first categorizations this summer, so this is timely.
It's the foundation who are involved in this court action and who is the topic of this thread. The code uploaded to GitHub wouldn't change the geographic basis of Microsoft either...
But that said I want to be clear that I have no issue with the Foundation's current actions or position in the court system. I was responding only very specifically to the suggestion above that they "should" block Wikipedia access immediately in order to force the hand off the British government.
3 replies →
> Do you feel that Wikipedia today is banned through the letter of the law?
Wikipedia is certainly large enough, in terms of traffic. And as anyone can edit it, it would seem to be a user-to-user service, making it a Category 1 provider, equivalent to Facebook, Twitter, Instagram and Youtube.
And their wiki page about 'breasts' certainly shows photographs of female nipples. Their pages on penises are likewise illustrated. They also have pages about suicide and self-harm.
Wikipedia is also a website we could reasonably expect children to access.
And Wikipedia did lobby the government, before the act was passed, to make it clear they weren't subject to it, which the government opted not to do.
So it would certainly appear they are subject to it.
> Do you feel that Wikipedia today is banned through the letter of the law? If so why is there a question of it continuing to operate there?
This isn't so much up to feeling as it is up to interpretation of the law. If there isn't a good way for Wikipedia to hide parts of itself and the law requires that it does, then it is effectively banned by the letter of the law.
The question of it continuing to operate exists because it is an obvious good to society that the law is yet to act on shutting down themselves. Right now it continues to exist in the UK despite being illegal due to the good will (or incompetence if you're not feeling generous) of the UK government.