Mayor of Florence Sues Wikipedia 196
ZioBit writes "Florence Mayor Leonardo Domenici and one of the city assessors
are suing (Google translation) Wikipedia on the basis of a (possible) defamation regarding the handling of public parkings assignation to a private company, "Florence Parking". The apparent problem is that both of their wives are members of the board of directors of "Florence Parking", and Wikipedia is reporting it."
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Nice work on drawing attention to the original problems also...it's always amusing how much political types don't get it.
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http://en.wikipedia.org/w/index.php?title=Leonardo_Domenici&diff=195140090&oldid=195132037 [wikipedia.org]
Barbara... (Score:3, Funny)
Nice work on drawing attention to the original problems also...it's always amusing how much political types don't get it.
...Striesand!!!
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I don't think its spiteful behavior so much as the perceived value of a limited or (artificially) restricted commodity.
Anyone who wants can look at my back yard on Google Earth. Nothing there but weeds and a few cars up on cement blocks. But if I expend an inordinate amount of energy hiding it, then there must be something really interesting to see. At least that's the way most people's minds seem to work.
Defense (Score:5, Informative)
An absolute defense against defamation is that the stated item is the truth. For their lawsuit to succeed, it has to be premised that something untrue was said that hurt them.
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Re:Defense (Score:4, Insightful)
Re:Defense (Score:5, Informative)
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In America, yes;
the very source u cited contradicts you .. it says:
... and if u think about it a bit more, you may also find that truth and legal-truth are quite different things.
" Some U.S. statutes preserve historical common law exceptions to the defense of truth to libel actions. These exceptions were for statements "tending to blacken the memory of one who is dead" or "expose the natural defects of one who is alive." "
so no, the truth itself is not always a fool-proof legal defense in America
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Just because a stupid case established precedent, doesn't mean constitutional law, or statutory law doesn't trump it. Therefore, the only way to test these laws is to be brought to suit using them.
Re:Defense (Score:5, Insightful)
Firstly, these exceptions are narrow and not relevant to this discussion, bringing them up is immature pedantry. The politician's wives being discussed are not dead and their place on a board is not a natural defect. These exceptions are there because speaking ill of the dead and teasing physical defects achieves no purpose, the general spirit of the law remains that someone has the right to say the truth if it has a point.
Secondly, truth is actually narrower than legal-truth in defamation cases (as discussed in the wikipedia article) since in most cases the defendant must only show that they had a reasonable belief that it was true, rather than it actually being so. If you misunderstand reality you are not liable for speaking your mind unless it can be proven that you were negligent with your facts, i.e. published without checking them. As for real truth, well truth is truth, the courts aren't far enough up their own arse to start calling black white when it comes to facts outside the courtroom, they have enough to confuse inside.
Thirdly, for fuck's sake, if you're going to discuss law at least write "you", capitalise the first letter of sentences and stop using ellipsis as a comma. It makes it easier to read and makes people take you seriously. A little sloppy spelling and grammar is fine, but deliberately garbling a word just to save two letters from your sentence is just pathetic.
Re:Defense (Score:5, Funny)
Without immature pedantry, every Slashdot story would have, at most, 5 posts.
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Wikimedia, however, is a US company, operating only within the US, and therefore only has to comply with US laws.
Individual Wikipedia contributors may or may not be liable, depending on local laws in their own jurisdictions, but I see no grounds on which anyone could sue Wikimedia under any national law other than US.
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If you look here [cptech.org] , it indicats that Italian courts have decided that if the content is availble in Italy, then Italian courts have jurisdiction.
And now they just have to get everyone ELSE to believe that, and they'll be golden.
What is it with Italy and that, btw? First the Pope (who has as much authority as he can get people to believe he has) and now the Judges (who seemingly want everyone to believe that everyone on Earth has to obey them, presuming they've ever touched an Internet connection). Is it something in the wine?
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It appears that itneed not have been intentional. This quick excerpt from a case, citing the Supreme Court of Canada (since the US hasn't gotten their case law online yet): The necessary elements of the tort of defamation are well established. In addition to the obvious need for a defamatory statement, it is an essential element of the cause of action that the defamatory statement be published and then read or
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Obviously liable (Score:2)
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Sounds like the real beef is these guys were convicted but w
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welcome (Score:2, Funny)
Recent events are just the beginning.
oh my god! (Score:5, Funny)
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Just like Wikileaks (Score:5, Interesting)
Disclaimer: I don't know the facts of this particular case. I'm just talking about a general trend.
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Welcome to international notoriety, Mayor (Score:2)
Um... I fail to see the problem.
If a conflict of interest exists and someone points it out, you can't (successfully) sue them for defamation. Stating the truth counts as a rock-solid defense.
Also, not too long ago we heard about a similar situation of a blog owner sued for comments posted by a third party - And the courts found that you can't hold the blog owner
Re:Welcome to international notoriety, Mayor (Score:5, Insightful)
Apparently this is not the case in Italy though. Maybe we should send the good mayor an hour long looping clip of the scene in "A Few Good Men" where Jack Nicholson rails, "you can't handle the truth!"
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In the U.S. most of the time
What jurisdiction (Score:2)
Parking Corruption (Score:5, Interesting)
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Leonardo Domenici (born July 12, 1955) is an Italian politician. He has been the Mayor of Florence since June 13, 1999. Domenici was born in Florence, from where he graduated in moral philosophy Article [wikipedia.org]
Florence. where ? (Score:5, Insightful)
Since this particular Florence is the one in Italy, the laws on defamation are pretty different from the US. I would not trust any legal
analysis in Slashdot for any jurisdiction, but for Italy I would trust it even less than usual.
Re:Florence. where ? (Score:5, Interesting)
I'm happy that slashdot continues to have some sort of respect for the intellect of the reader. I'm pretty sure that everybody here made the mental connection to Italy, and if they didn't, they should be reading Geography 101 instead of slashdot. Espicially with the "Google Translate" link. And the original document in Italian.
Crafications such as 'London, England' are only necessary when it is likely that the reader could be confused. Hence there is no need to write 'Beijing, China', for example
The "dumbing down" of American media isn't really apparent until you compare similar publications from the US to their closest British counterparts. Compare Newsweek [newsweek.com] or Time Magazine [time.com] to The Economist [economist.com] or The New York Times [nytimes.com] to The Guardian [guardian.co.uk]. And this isn't just my opinion, it has been validated in studies of the matter.
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There's a sizable city in Ontario also named London. It's usually pretty easy to figure out which London is being referred to (if the news source isn't based in Ontario, it's almost certainly the one in England). The really annoying thing is there are duplicate names for other locations within the two cities. Both have a Hyde Park, a Thames River, and a Covent Garden Market. It's probably a good thi
Re:Florence. where ? (Score:4, Funny)
That's okay, I just figured you were from Beijing, China.
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Just wanted to make a point about one of my pet hates; that is, americans always putting a country's name after the place name. E.G. Paris, France, or Rome, Italy, as if there was another more famous populous Rome or Paris somewhere.
The United States has stolen a lot of city names from elsewhere. As other posters have pointed out, there is a Florence in Florida. (Also, Alabama, Oregon, Kentucky, Mississippi, Colorado, Wisconsin, Montana, and Massechutses. We have Rome in Georgia, New York, Pennsylvania, Indiana, Ohio, Oregon, and Mississippi. There are also at least 9 Parises. This disambiguation is a matter of convention, and in general it helps prevent confusion. Is it such a travesty that someone then uses this more-specific naming
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Funny, I've often found myself asking questions on mailing lists due to the omission of the country name from an announcement of an event. Thus, recently on a dance-related list, I asked whether the events in Manchester a Dublin were in New Hampshire, or in England and Ireland.
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Re:Florence. where ? (Score:5, Insightful)
Sheesh. With friends like you
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So *who* are they actually suing? (Score:2)
Of course, IANAL, but I'm pretty sure it can be difficult to sue someone in a different country, particularly if you aren't going to their country to file the suit. If they file suit against them in Italian court, I'd expect it would be difficult
Re:So *who* are they actually suing? (Score:4, Informative)
"Wikipedia currently runs on dedicated clusters of GNU/Linux servers, 300 in Florida, 26 in Amsterdam and 23 in Yahoo!'s Korean hosting facility in Seoul."
P.S. Gotta love those network topology diagrams. Pretty dang nice for a nonprofit.
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For this to work, I believe they would need to convince a U.S. Federal court to extradite people to Italy, and given the merits of this case, I doubt that would happen.
Can people actually be extradited to face a civil case? I know that criminals can be extradited to face criminal charges - but I am not aware of anyone having been extradited anywhere to face a civil suit.
Of course, as I've already stated, IANAL. So if someone knows better, please let us know. I guess I just figured since civil cases don't really represent the interests of the state per se, that the state wouldn't be interested in moving for extradition for the parties involved.
And of course we do
Lets get this over with: (Score:2)
Dude, there's an edit button (Score:5, Interesting)
Wouldn't it be a bit simpler to click the edit button and change the perceived falsehoods in an encyclopedic manner?
I imagine one could even hire a geek to do it for quite a bit less than the price of hiring a lawyer, filing a lawsuit, then pursuing that suit.
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Suing for money is one remedy, you could also sue for a written or posted apology or retraction, or many other things.
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Suing for money is one remedy, you could also sue for a written or posted apology or retraction, or many other things.
Sue whom exactly. (Score:5, Informative)
The Wikipedia Foundation is a US corporation, which does not hold assets in Italy, so it can't be sued in an Italian court. Or, to be more accurate, it can be sued but the verdict would be meaningless.
However, Wikipedia does have an Italian chapter ( http://wikimediafoundation.org/wiki/Local_chapters [wikimediafoundation.org] ). I assume that is the organization being sued.
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If you do business in Italy, you can be sued there. In fact, the determining factor on whether or not you can be sued in Italy is whether or not an Italian court says you can.
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Italy: Come over here so we can sue you, or else we'll start blocking your packets!
Wiki: Suck it, and good luck with that.
Re:Sue whom exactly. (Score:4, Interesting)
How about something like "Remove this vile calumny or we'll ..." :
1. Remove Wikipedia's DNS entry in Italy. (See recent Wikileaks problems.)
2. Publish (in Italy at least) routing information that redirects Wikipedia requests to a black hole. (See recent You Tube problems.)
I think the Mayor's goal may not include preventing random residents of (say) Nevada from reading about his (alleged) corruption (after all, what does he care about what someone in Vegas thinks?), but probably does include preventing people in Italy from doing the same.
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If you do business in Italy, you can be sued there.
That's not actually true. The general standard is that a company can be sued in a country in which it has a "permanent establishment", which normally translates to an office or an employed agent. It's the same rule that determines whether they have to pay tax there or not.
Jurisdiction? (Score:2)
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Does Wikipedia even have servers or an office in Italy? If not, then their lawsuit is pretty damn pointless.
Basically, the tendency is that you're not supposed to sue Wikipedia; it's better to try solve the issue first through ordinary channels [wikipedia.org]. It's a procedure that's being used in a lot of subprojects too, due to practical reasons. I'm pretty sure they failed to follow this in this case...
However, it should be noted that some Wikimedia projects (Finnish Wikipedia, for example) do apply local laws in a very limited fashion. For example, as far as I know, Finnish Wikipedia it only applies to copyrights (the U
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Obviously it's a conflict of interest for the mayor of Florence, but how is it relevant in an encyclopedic article on Florence?
If Wikipedia wants to include this type of political activism the will have to accept the cons
Re:Jurisdiction? (Score:4, Interesting)
Wikipedia's place? While Wikipedia as a bunch of servers may belong to the Wikimedia foundation, Wikipedia as content belongs to its readers and to its editors. The content provided by these people is what they agree (with whatever mechanisms) it is. No more, no less. The question is rather like those proposed by ./ readers who wonder if "Slashdot" is not being inconsistent when there are multiple, often contradictory, opinions offered - by slashdot users - on various topics (patents, copyright... ).
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Inventor of bureaucracy (Score:2)
Defamation is one of the proffered decoys. I experienced this twice on me and I felt ashamed to be an Italian.
I lived abroad for over 30 years and I can see the perspective clearer than Italian inhabitants can. The stupid bureaucratic attitude is what is preventing the country to flourish.
The excuses for this behaviour are: Ferrari, Lamborghini, Maserati and Alfa Romeo. Not just a small consolation but
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Maybe they remember running the world for thousands of years, and just can't be f*cked any more?
This is actually kinda frightening... (Score:3, Insightful)
Which makes me start to realize something... Let's say a government pressed criminal charges. Here's a hypothetical example that doesn't seem so far-fetched... I make an anti-Chinese government site/post/blog from my home PC in the US, and that really pisses the Chinese government off. Since there's no free speech in China (but my website manages to get past the Great Firewall of China), I get criminally charged with "disrespecting the government" or some crap like that and they issue an international arrest warrant. I could then be arrested in the US and would have to hire a lawyer as to why I shouldn't be extradited to China--even though I exercised my right to free speech according to the US Constitution, while in the US . Even if I persuade a judge to not grant the extradition request (in all likelihood, at great expense to me), I could never travel outside the US as I could be arrested at any time and extradited from a country with no vested interest in preventing a foreigner from being extradited to China. Frightening, isn't it?
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For them to charge you would be meaningless, unless you are a Chinese citizen. Even being (legitimately) charged, they have to request extradition, and hire (local)lawyers to represent them at the hearing. It's not cheap, and not very likely they would try it unless they thought they had a good chance of success.
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Assuming that your local police are really stupid and/or bought off...
China would be footing your legal bill (18 USC 3195) but even the average public defender could argue that successfully:
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No shit, Sherlock. I was referring to the fact that such an example would essentially leave people in exile in their own countries. Not to mention the fact what an outstanding international arrest warrant could do to someone's future job prospects, etc. All of this despite the guarantees in the Constitution...
Non-robotic translation (Score:5, Informative)
FIRENZE- Firenze's Mayor, Leonardo DOmenici, and local government member Graziano Cioni have given the order to sue for defamation the Wikipedia web encyclopedia (sic).
THE ACCUSATION - The reason, explained in a brief communication, is because in the "Leonardo Domenici" page on the site there are references to decisions made by the Mayor and his staff that, quoting, ''caused criticism from the citizens'', quoting in particular the award of a contract related to the management of the town's parking lots to the "Firenze Parking" company, of which Dominici and Cioni's wives have seats in the board of directors.
THE INQUIRY - The communication from the Mayor reminds that such a "defamation" had circulated in the past and that in 2004 the office of the public prosecutor had started an investigation, resulting in one indictment and a request for a trial. The Wikipedia page, however (at the time of writing) has not been modified and is still now present in the form challenged by Domenici. Hence the decision to sue for defamation and libel.
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public parkings assignation (Score:3, Funny)
Help Mirror Wikipedia (Score:2)
Backfired fabolously. (Score:2)
Now I know. And their lawsuit doesn't make me thing for a SECOND that they're not guilty. Quite the opposite.
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Here is the text at issue (Score:2)
I went through the history of the English article and couldn't find anything about the parking issue, but I found it in the Italian wikipedia, here [wikipedia.org]. It's just a brief item in a list of criticisms attributed to opposition parties:
I don't see how this is actionable. It is merely a correct report of what other people have publicly said.
decentralisation (Score:2)
Anyone know what's going on with Barbara Bauer? (Score:3, Interesting)
Re:We slashdotted Google (Score:5, Informative)
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Pointless Link (Score:4, Funny)