Terms of use/Paid contributions amendment/ug-arab and User talk:Yomibabs: Difference between pages

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Welcome to Meta![edit]

Hello, Yomibabs. Welcome to the Wikimedia Meta-Wiki! This website is for coordinating and discussing all Wikimedia projects. You may find it useful to read our policy page. If you are interested in doing translations, visit Meta:Babylon. You can also leave a note on Meta:Babel or Wikimedia Forum if you need help with something (please read the instructions at the top of the page before posting there). Happy editing!

-- Meta-Wiki Welcome (talk) 06:28, 26 February 2014 (UTC)[reply]

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+<div class="borderc6 backgroundc2" style="border-style:solid;border-width:medium;padding:0.3em 0.5em;color:lightgrey">
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+<div align="center">{{Welcome/lang}}</div>
-{{info|You will find an introduction to the question and the proposal from the Wikimedia Foundation Legal Department below.
+== Welcome to Meta! ==
-* This proposed amendment will be available for discussion for at least thirty days (until '''March 21, 2014'''), and then it may be presented to the Wikimedia Foundation Board for approval and adoption.
+<!--{{<includeonly>subst:</includeonly>void|{{error:not substituted|welcome}}}}-->
-* When you are ready to comment please do so on [[Talk:Terms of use/Paid contributions amendment|the talk page]] in the language most comfortable to you. }}
+<div class="lang-en" lang="en" style="color:black">
-== TOU Amendment: Paid contribution disclosure ==
+Hello, {{PAGENAME}}. Welcome to the '''Wikimedia [[Meta:About Meta|Meta-Wiki]]'''! This website is for coordinating and discussing all [[Complete list of Wikimedia projects|Wikimedia projects]]. You may find it useful to read our [[Meta:Policy|policy page]]. If you are interested in doing translations, visit [[Meta:Babylon]]. You can also leave a note on [[Meta:Babel]] or [[Wikimedia Forum]] if you need help with something (please read the instructions at the top of the page before posting there). Happy editing!
+</div>
-=== تونۇشتۇرۇش ===
-The Wikimedia Foundation Legal Department plans to ask the Wikimedia Foundation Board of Trustees to consider a proposed amendment in our Terms of Use to address further undisclosed paid editing. Contributing to the Wikimedia Projects to serve the interests of a paying client while concealing the paid affiliation has led to situations that the community considers problematic. Many believe that users with a potential conflict of interest should engage in transparent collaboration, requiring honest disclosure of paid contributions. Making contributions to the Wikimedia Projects without disclosing payment or employment may also lead to [[#applicablelaw|legal ramifications]]. Our [[wmf:Terms of Use|Terms of Use]] already prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. To ensure compliance with these provisions, this amendment provides specific minimum disclosure requirements for paid contributions on the Wikimedia projects.
-As required by Section 16 of the [[wmf:Terms of Use#16 Modifications to these Terms of Use|Terms of Use]], we are receiving community comments for 30 days on this proposed amendment before forwarding the final version to the [[wmf:Board|Board of Trustees]] for its review. Translations into German, Indonesian, French, Spanish, Italian, and Japanese are available; the community is encouraged to translate and discuss the proposed amendment into other languages as well.
-=== Proposed amendment ===
-''A subsection added to the end of Section 4 of the Terms of Use, namely “[[wmf:Terms of Use#4. Refraining from Certain Activities|Refraining from Certain Activities]]”''.
-<div style="background: #FFFFCD;">
-;Paid contributions without disclosure
-These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. To ensure compliance with these obligations, you must disclose your employer, client, and affiliation with respect to any contribution to any Wikimedia projects for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways:
-:*a statement on your user page,
-:*a statement on the talk page accompanying any paid contributions, or
-:*a statement in the edit summary accompanying any paid contributions.
-Applicable law, or community and Foundation policies, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure. For more information, please read [[#paidtoufaq|our background note on disclosure of paid contributions]].
 </div>
-{{anchor|paidtoufaq}}
-== FAQ on disclosure of paid contributions ==
-=== Why is this disclosure provision necessary? ===
-Contributing to the Wikimedia Projects to serve the interests of a paying client while concealing the paid affiliation has led to situations that the Wikimedia community considers problematic.  Many believe that users with a potential conflict of interest should engage in transparent collaboration, requiring honest disclosure of paid contributions. Making contributions to the Wikimedia projects without disclosing payment or employment may also lead to legal ramifications. Our [[wmf:Terms of Use|Terms of Use]] already prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. To ensure compliance with these obligations, this provision provides specific minimum disclosure requirements for paid contributions on the Wikimedia projects.
-{{anchor|applicablelaw}}
-=== What is the "applicable law" for paid contributions on Wikipedia? Are undisclosed paid contributions potentially illegal? ===
-Depending on the circumstances, undisclosed paid editing could subject you, your business or your clients to legal liability. Specific laws could apply to you, your business, or your clients, such as unfair competition and simple fraud statutes. In addition to the requirements of the Terms of Use, you must comply with those laws in your disclosure and execution of paid contributions.
-We cannot advise you about specific legal requirements, and you should employ your own lawyer if you have questions. That said, as general background, deceptive business practices, including concealment of a professional affiliation in specific cases, are prohibited in multiple jurisdictions.  In the United States, for example, the Federal Trade Commission (FTC) has the nationwide authority to regulate unfair or deceptive acts or practices in commerce.<ref> [http://www.law.cornell.edu/uscode/text/15/45 Federal Trade Commission Act], 15 U.S.C. § 45(a)(2) (2006)</ref>  As the FTC illustrated in the below example, those failing to disclose a regulated company’s affiliation online may be subject to liability:
-<poem>
-:''An online message board designated for discussions of new music download technology is frequented by MP3 player enthusiasts. They exchange information about new products, utilities, and the functionality of numerous playback devices.  Unbeknownst to the message board community, an employee of a leading playback device manufacturer has been posting messages on the discussion board promoting the manufacturer’s product.  Knowledge of this poster’s employment likely would affect the weight or credibility of her endorsement. Therefore, the poster should clearly and conspicuously disclose her relationship to the manufacturer to members and readers of the message board.'' <ref>[http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf 16 C.F.R. §255.5, Example 8, p.12.] </ref></poem>
-The FTC’s guide [http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf Dot Com Disclosures] specifies that “disclosures must be communicated effectively so that consumers are likely to notice and understand them in connection with the representations that the disclosures modify.” For state law implications, see, e.g.,  [http://www.ag.ny.gov/press-release/ag-schneiderman-announces-agreement-19-companies-stop-writing-fake-online-reviews-and N.Y. Attorney General’s 2013 investigation] regarding companies engaging in [[w:astroturfing|astroturfing]].  <ref> [http://scholar.google.com/scholar_case?case=18225865807738669845&hl=en&as_sdt=6&as_vis=1&oi=scholarr Parino v. Bidrack, Inc.], 838 F. Supp. 2d 900, 905 (N.D. Cal. 2011) (plaintiff’s allegations, including defendant’s creation and use of fake reviews on website, were sufficient to bring a claim under California’s Unfair Competition Law and False Advertising Law)</ref>
-Laws applicable outside the US may also prohibit non-disclosure of paid contributions. The EU [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:149:0022:0039:en:PDF Unfair Commercial Practices Directive] (and the corresponding national versions) ban the practice of “[u]sing editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer” and “[f]alsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.” <ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:149:0022:0039:en:PDF Directive 2005/29/EC of the European Parliament] ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:149:0022:0039:en:PDF#page=15 Annex I, points 11 and 22]).</ref> National legislation of [[w:Member state of the European Union|EU member states]] may further restrict undisclosed paid contributions, such as through local competition laws, and, for similar reasons, [[w:Wikipedia:Wikipedia Signpost/2012-11-12/News and Notes|local national courts]] may find violations in failing to disclose one’s affiliation on Wikipedia in the proper way.
-=== Are there other possible negative effects of paid contributions?===
-There is an extreme likelihood that contributions which are paid for, but intentionally not disclosed as such, do not serve the public interest in a fair and beneficial manner.  When considering the value of the contribution of content to the public on balance with the value of dissemination of the content, there is at least an implied conflict of interest that the balance will tend to serve the more private interests of the paid contributor.  If it is accepted that this is the case more often than not, it is hard to imagine the expected outcome as a net positive for Wikipedia.
-As repeated real life examples illustrate, undisclosed paid editing can have the unintended effect of causing negative public relations issues for companies, clients, and individuals. The press follows such stories closely. Failing to include a disclosure with a paid contribution may lead to a loss of trust with the broader public as well as the Wikimedia community. To maintain goodwill and to avoid misunderstandings, transparency and friendly cooperation is the best policy for those being compensated for Wikimedia contributions.
-To avoid embarrassment, be sure to follow local policies regarding paid contributions, such as [[en:WP:COI]] for the English Wikipedia.
-=== What do you mean by “compensation”? ===
-As used in this provision, “compensation” means an exchange of money, goods, or services.  Put another way, paid contributions are any edits for which any money, goods, or services are given or provided to the editor in return. Examples of compensation might include salaries, cash, vouchers, scholarships, awards, equipment, prizes, expenses, bursaries, training, accommodation, food and drink, transport, privileged access to information or exhibits, access to IT systems or educational services. Compensation for contributions can be either implicit or explicit; if you are employed by a firm to increase public awareness of a product, for example, you are being paid for any Wikipedia editing you might carry out in the course of this work, even if your contract does not explicitly mention contributing to any Wikimedia projects.
-=== What does the phrase “employer, client, and affiliation” mean? ===
-This means the person or organization that is paying you compensation – money, goods, or services – with respect to any contribution to a Wikimedia project. This could be a business, a charity, an educational institution, a government department or another individual, for example. The disclosure requirement is simple, and requires you to provide this information in one of the three ways described above. If you are editing an article on Wikipedia on behalf of your employer, for example, you must disclose your employer's details. If you have been hired by a public relations firm to edit Wikipedia, you must disclose both the firm and the firm’s client. If you are a compensated [[outreach:Wikipedian_in_Residence|Wikimedian in residence]], for example, you must note the details of the GLAM organisation that is paying you.
-=== Are paid editing disclosures required only when editing Wikipedia articles? ===
-No, you must disclose your employment, client, and affiliation when making any type of paid contribution to any Wikimedia project. This includes edits on talk pages and edits on projects other than Wikipedia. That said, a simple disclosure on your user page, satisfies this minimum requirement. For example, if you are employed by the National museum to upload images from their collection to the Wikimedia Commons, you satisfy the Terms of Use if you simply say that you edit on behalf of the National museum on your user page.
-=== Does this provision mean that paid contributions are always allowed as long as I make the disclosure? ===
-No, the disclosures mandated by the Terms of Use reflect a minimum requirement that helps each Wikimedia project to enforce their own policies and guidelines as appropriate. Users must also comply with these additional policies and guidelines as well as any applicable laws. For example, English Wikipedia’s policy on [[w:en:WP:NPOV|neutral point of view]] requires that editing be done fairly, proportionally and (as far as possible) without bias; these requirements must be followed even if the contributor discloses making paid edits.
-=== Does this mean that Wikimedia projects must change their policies? ===
-No, unless their policies are inconsistent with these minimum requirements. Wikimedia projects are free to change their policies to reference this requirement or require stricter requirements for paid contributions. We encourage users to be respectful of user privacy and not harass others, even in cases of suspected paid contributions. For example, under the English Wikipedia policy on [[w:Wikipedia:Harassment#Posting of personal information|harassment]], users must not publicly share personal information about other users.
-=== How should I disclose paid contributions in my user page? ===
-You may explain that you work for a particular client or employer on your user page. If you work for company Acme, and, as part of your job responsibilities, you edit Wikipedia articles about company Acme, you satisfy the minimum requirement of the Terms of Use if you simply say that you edit on behalf of company Acme on your user page. You however need to follow community or Foundation policies, in addition to applicable law.
-=== How should I disclose paid contributions in my edit summary? ===
-You may represent your employer, affiliation, and client in the edit summary box before you “save” your edit or contribution. For example, before saving your edits to a Wikipedia article about your client, Jordan Smith, you may write this note in the edit summary box: “Jordan Smith has hired me to update their Wikipedia article” or “I work for Jordan Smith.”
-=== How should I disclose paid contributions on a talk page? ===
-You may represent your employer, affiliation, and client in the relevant talk page either before, or immediately after, you “save” your edit or contribution. For example, if you are a teacher at the Middle High School and are being paid to make edits to a Wikipedia page as part of your work, you may write this note on the talk page: "The Middle High School has hired me to make the edits to this article on [insert date]", or "With reference to my edits on this page, I work for the Middle High School".
-=== Do I have to disclose the details of the compensation I am receiving? ===
-You do not have to disclose the amount or type of compensation you are receiving for editing; the minimum required is that you disclose your employer, client, and affiliation.
-=== پايدىلىنىش ===
-<references />
+-- [[User:Meta-Wiki Welcome|Meta-Wiki Welcome]] ([[User talk:Meta-Wiki Welcome|talk]]) 06:28, 26 February 2014 (UTC)
-[[Category:Legal department community consultation{{Langcat|Terms of use/Paid contributions amendment}}]]