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Tuesday, July 1, 2008

Libel case against Wikimedia Foundation dismissed

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*Image copyright Wikimedia Foundation. All rights reserved.

Wikinews has has confirmed through several sources that a lawsuit filed against the Wikimedia Foundation, the parent organization of the popular online encyclopedia Wikipedia, by the 'Barbara Bauer Literacy Agency' has been dismissed. As a result of the associated conflict, edits pertaining to Bauer on Wikipedia were deleted and, following the commencement of legal proceedings, Wikinews exclusively obtained the offending texts and edits.

At the start of the court action, Wikimedia asked the court to dismiss the case. "Wikimedia asks the Court to dismiss the claims against it, with prejudice. The claims against Wikimedia are frivolous because they are barred as a matter of law by the Communications Decency Act (47 U.S.C. § 230( c), "Section 230" or the "CDA"), by the First Amendment, and by New Jersey law. Wikipedia is an online encyclopedia written by its users, the content of which can be created, edited, or removed by anyone. The claims arise from statements made on numerous Internet websites, which Plaintiffs assert describe them as being among the "20 Worst Literary Agents" and having "no...significant track record of sales to commercial (advance paying) published" states the motion filed in Superior Court of New Jersey, Monmouth County," said the organization.

Before the case started, the Electronic Frontier Foundation (EFF) issued a press release that defends against a suit Bauer filed against Wikimedia which states that contributors on Wikipedia posted "libel statements" against Bauer that labeled her as number three on a list of twenty people grouped as the "worst" publishing agents, and included allegations that she had "no documented sales" through her firm. Complaints filed against her and her firm state that Bauer had a bad record when dealing with "commercial publishers,", and questioning her practice of, "charge[ing] in advance of making a sale, against the generally-accepted industry practice."

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