Civil/Criminal law on Wikipedia (was: [WikiEN-l] Request for a ban)

Daniel Mayer <maveric149-/[email protected]>
Newsgroups gmane.org.wikimedia.legal
Message-ID <[email protected]>
Sascha Noyes wrote on WikiEN-l:
>There is a difference between a criminal and a civil trial. 

Yeah so? Everything we do here is covered under contract/civil law, thus 
mediation and arbitration is perfectly fine. If somebody breaks our rules, 
they break the contract we have with them. We cannot imprison anybody, nor 
levy fines - all we can do is consider our contract with a certain person 
broken, and not allow them further access to editing our website. 

Criminal law does not apply unless they break a real law (such as libel or 
giving a serious  threat of physical harm). Then we call the cops and let the 
real criminal justice system take over. 

>If certain laws of a society are broken, then the state will 
>prosecute a case. 

But we are not a society, we are a community of people who hang out at a  
website with a particular goal in mind. 

>It is not primarily a dispute between him and me. Or for that matter 
>all the other people he has attacked. Rather, he is in violation of 
>one of wikipedia's important rules: no personal attacks. 

Rules and policies are not laws. No reason to set-up sham/mock courts and 
confuse the whole distinction. 

Just my opinion, IANAL.

-- Daniel Mayer (aka mav)
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