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Wikipedia Editors Hit With $10 Million Defamation Suit

New submitter Andreas Kolbe writes: "Businessman, philanthropist and musician Yank Barry and the Global Village Champions Foundation are suing four Wikipedia editors for defamation, claiming they have maliciously conspired to keep Barry's Wikipedia biography unduly negative. The Daily Dot article includes a copy of the legal brief and quotes Barry as saying, "My page was so ridiculously false and made me sound like a terrible person and people believed it causing deals to fall through. I finally had enough."

30 of 268 comments (clear)

  1. Well, this won't backfire! by Anonymous Coward · · Score: 5, Funny

    No, not at all.

    1. Re:Well, this won't backfire! by able1234au · · Score: 5, Funny

      Calling Barbara Streisand...

    2. Re:Well, this won't backfire! by hax4bux · · Score: 4, Funny

      Or that attorney who tried to sue "the oatmeal" I forget his name...

    3. Re:Well, this won't backfire! by Jesrad · · Score: 5, Funny

      I forget his name...

      And that's the punchline.

      --
      Maybe we deserve this world ?
    4. Re:Well, this won't backfire! by Mr.+Somey · · Score: 5, Interesting

      I'm not sure the Streisand Effect applies in this case. He's not actually trying to hide unpleasant or embarrassing aspects of his past - what he seems to want is for the article to reflect his own version of those events, or at least to contain his version (or "spin" if you prefer) in some way. And since he's a marginal figure to begin with, he's really in one of those "any publicity is good publicity" situations.

      And these days, among the people whose allegiance Barry seems to value most (i.e., former professional boxers and their fans), attacking Wikipedia is hardly seen as a bad thing to do - just the opposite in fact, and you could probably say that for a wide range of people and professions, especially celebrities. Wikipedia has always been seen by many of them as an illegitimate, irresponsible, self-appointed power-grab by anonymous nobodies - because after all, it is - and the passage of time (and the continued unctuous malfeasance of Wikipedians) has only cemented that impression in their minds.

      It's all rather unfortunate, but also inevitable, given the way Wikipedians often behave.

    5. Re:Well, this won't backfire! by JosKarith · · Score: 4, Informative

      I'm sure you can just look it up on Wikipedia.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    6. Re:Well, this won't backfire! by Rei · · Score: 4, Funny

      "The Wikipedia page said said I was an oversensitive litigious bastard!"

      --
      "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
    7. Re:Well, this won't backfire! by schnell · · Score: 4, Informative

      I'm not a lawyer, I don't know the details of libel laws, but I was relatively sure that good faith belief is all that is required.

      At least in the United States, the rules for libel are different based on whether or not the libeled party is a "public figure" or not. If someone is Joe Average, the only requirement is to prove that you said something incorrect about them which caused quantifiable damages. "Public figures," however, are expected to have good and bad things said about them as part of normal discourse. (Otherwise Ke$ha could sue someone for saying her album sucked.) So for public figures, the libeled party must prove that not only is the thing you said wrong, you must also have known it was wrong and had malicious intent in doing so. It's a high bar to meet, and that's why you see so few celebrities or politicians suing for libel - there's usually only provable malice in a few cases where a tabloid is printing knowingly false information in order to boost sales, etc.

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
  2. Falun Gong / Falun Dafa by bumba2014 · · Score: 5, Insightful

    I'm not sure about the English version, but the German version about Falun Gong / Falun Dafa contains a lot of negative lies, spread by the CCP. Every time someone corrects it, someone from china will change it back. At the end they didn't allow any changes anymore, and put half the truth and half the lies in it. Unfortunately a lot of people believe what is written in those articles. I can imagine this happening to a lot of subjects.

  3. But is it false? by mark-t · · Score: 4, Insightful

    I know that defamation suits can be filed (and sometimes even won) even if the information being published is true (if it's false, then one could further sue for libel) but it's my understanding that in the case where the published information is true, the onus is on the person who is suing to show that the *intent* of the publishers was to actually defame them... which of course is quite difficult to do in court. They would have to, using factual evidence, show how it was somehow considerably more probable that there was actually any malicious intent on the publisher's part than any claim the publisher the might make to contrary being true. Unless the publishers actually confess that this is the case, this will not be easy... no matter how good their lawyers are.

    1. Re:But is it false? by sg_oneill · · Score: 4, Interesting

      Defamation means that the information is false.

      No, it refers to speech that unfairly harms the reputation of someone. Truth is a *defence*, but its not the same thing.

      In most countries a statement being true is usually enough for the complaint not to stick but often a truth being used in a deceptive way can also qualify as defamation. Conversely often "Genuinely held belief" can be a defence for it (although often couple with an injunction to fix the error)

      Heres an example. Lets say Barack Obama has Asthma. I dont know if he does, but lets just pretend for the sake of this example. Lets also say that he really doesn't listen to his doctor and instead of using a preventitive he instead huffs on a ventolin puffer all day. Its something doctors consider poor asthma management and even counterproductive.

      Now heres a defamatory statement: Barack Obama abuses drugs. Assuming the "puffs ventolin all day" fact is true, then this statement is true.

      But its also defamatory, because a "reasonable person" (the usual standard in law) would deduce from the he's smoking blunts and blowing lines of coke. In other words I've unfairly hurt his reputation and created a false representation by telling the truth. And in Britain, and many other countries that would be defamation. But in the US? Judge probably won't even hear the case.

      --
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    2. Re:But is it false? by FatLittleMonkey · · Score: 4, Informative

      There's nothing in the Wikipedia article that hasn't been printed in the press about Barry. And the page is actually pretty tame compared to what they could add. (Putting fake clients on the website for his fake-meat company, for example. His phony "nominations" for a Nobel Peace Prize. Etc. None of those things are mentioned in the article, yet they meet Wikipedia citation standards.)

      --
      Science is all about firing a drunk pig out of a cannon just to see what happens.
    3. Re:But is it false? by crossmr · · Score: 4, Interesting

      They should be glad they aren't in South Korea.
      After moving here and giving the laws a good read, it's quite interesting.

      Truth isn't a defense here. Simply saying something negative about someone is sufficient for defamation, and the only defense is "public interest". If you can prove it was in the public's best interest to know that information you're okay.

      Further defamation is part of criminal law here. 2 years for defaming someone with a true statement, 5 years for a false statement. There is a separate law for defaming the dead with a false statement.

      Korea also has public insult laws on the books. So if you insult someone publicly so that others can hear it, that's also a criminal offence.

      To a certain extent, the laws are somewhat interesting. they have a "keep your nose in your own business" kind of quality about them. I'm not sure what would happen to a thing like wikipedia if it was hosted here.

  4. Re:Is what he's saying really true? by SeaFox · · Score: 4, Insightful

    I suspect he isn't half as famous as he thinks he is, and wants to blame Wikipedia for the lack of business opportunities banging down his door.

  5. RTFA by mwvdlee · · Score: 5, Informative

    Reading the Wikipedia article, it doesn't seem all that negative.
    There are some negative details in there, but these are simple facts, stated in a short and factual manner.
    If you don't want people to know of your extortion practices, then either don't extort people or do a better job at it so you don't get convicted for it in a public court.

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    1. Re:RTFA by kactusotp · · Score: 5, Informative

      Well digging through some of the other pages I image it is stuff like this that he objects to http://en.wikipedia.org/w/inde...

  6. Re:Who is that? by TapeCutter · · Score: 5, Insightful

    I don't think it can be considered opinion, WP advertises itself as an encyclopedia, it goes out of its way to base its claims on citations. I'm a strong supporter of WP and this guys sounds like a "flim-flam man", however that doesn't mean he is wrong and it does appear that at least one editor was hell bent on causing him financial damage. OTOH $10M is a ludicrous exaggeration of any real damages, or it would be were it not happening in the US.

    --
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  7. Re:Who is that? by Michael+Woodhams · · Score: 4, Insightful

    Oh good, I'll just print up a bunch of fliers saying you torture kittens and set fire to orphanages and post them around your home town. Because nobody has heard of you and I'm not a publicly listed company, it will be 'opinion' rather than 'libel'.

    I have no idea whether this guy's claims are justified, but neither do you. My liking Wikipedia does not therefore mean that the facts or the law are on the side of Wikipedia.

    --
    Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
  8. This is brilliant!! by snero3 · · Score: 4, Informative

    " I made a deal with God that whatever I save in tax, I give to kids.”[16]" I nearly chocked when I read that.

    --
    It said "windows 98 or better" so I installed Linux
  9. Re:Is what he's saying really true? by Anonymous Coward · · Score: 5, Informative

    That's what it looks like today -- after months of editwarring, followed by 2+ weeks of people trying to "fix" it, because of the bad publicity brought by the lawsuit.

    On 7 May, it looked like this.
    On 15 March, this is how it looked.
    All because of the four people Barry is now suing.

  10. Re:Progress by retroworks · · Score: 5, Interesting

    Agreed. I have no problem with Wikipedia editors being sued. I recently ran across a Wikipedia biography of El Salvador ex-presidente Jose Napolean Duarte which was written atrociously, basically accusing him of being a dictator behind a military coup. I corrected the article, noting he was actually popularly elected (a mayor of San Salvador, not a military coup leader), ousted in a coup, and then brought back in a counter coup, and then again popularly elected. Had to repost it twice, it kept getting "reverted" (it did get fixed but someone has since added "His military regime is noted for large-scale human rights abuses and massacres amongst the civilian population, supported by the Reagan Administration and the Central Intelligence Agency" to the first paragraph). Sure, Duarte was criticized for accepting the invitation of the second coup, but most people feel the human rights abuses were the work of the first junta and those opposed to the Salvadoran land reforms proposed by Duarte. But who has time to fight an idiot editor?

    This could get modded "off topic", I guess, but IMHO Wikipedia should encourage defamation lawsuits against its volunteer editors. The main problem is that people with extremely hostile views edit more perniciously, and moderate editors don't have time to fight about it. Unfortunately, that's a remedy of the rich, not for people who don't have the means to sue for defamation.

    --
    Gently reply
  11. Re:Who is that? by FatLittleMonkey · · Score: 4, Informative

    Who is that?

    Yank Barry? He's a convicted extortionist who worked for the Mafia in Montreal in the '80s. After being released from prison, he founded a company that sells fake food to (sometimes fake) clients, through which he conned celebrity endorsements by promising to donate food via his fake charities.

    http://news.nationalpost.com/2012/04/15/yank-barry/

    --
    Science is all about firing a drunk pig out of a cannon just to see what happens.
  12. Re:Articles about Catholicism are even worse by Anonymous Coward · · Score: 4, Insightful

    Wikipedia is a MMORPG where the guy with most free time always wins. Anybody who takes it seriously is a victim of either ignorance or zeal.

  13. Well, one thing is sure ... by aaaaaaargh! · · Score: 5, Interesting

    Yank Barry is a fucking asshole, and the "Global Village Champions Foundation" is a bunch of retarded morons.

    You may quote this entry on Wikipedia in case you need a citation.

  14. Re:Who is that? by thegarbz · · Score: 4, Insightful

    So, if push comes to shove, whatever is expressed there is an opinion. And last time I checked you're entitled to one in the US, and also to saying it.

    Actually you're not. That's the whole basis of libel laws. If you spread false or misleading information that could tarnish the reputation of another person you are most definitely not entitled to an opinion as far as the law is concerned.

  15. Re:Articles about Catholicism are even worse by AmiMoJo · · Score: 4, Insightful

    The only people with enough time to "win" at Wikipedia are zealots and trolls. Anyone well intentioned just gets fed up after the 5th revert and bout of rule lawyering.

    --
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  16. Shade of things to come by Andover+Chick · · Score: 4, Interesting

    Non-profits are being used more and more as to either promote for-profit causes or enrich non-profit executives. This is why major non-profits and college presidents are earning million dollar plus compensation. Global Village Champions sounds like a perfect example of this. Separately, Yank Barry is a convict who did prison time for extortion, now he's trying to use his muscle on Wiki volunteers. How pretty of a picture does he expect?

  17. Re:Articles about Catholicism are even worse by sandbagger · · Score: 4, Interesting

    Bingo.

    I remember once working on a Wiki article about a film that was increasingly in depth and cited various written original scorches, interviews et cetera. A lot of work went into it. One day a kid replaced it all with his undergraduate essay.

    The whole thing.

    Of course we tried a revert but his buddies —all students — have a lot more time to spend on this than others did so naturally they "won". The fanboys basically win at Wikipedia and an MMORPG is an excellent way of summarizing it.

    --
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  18. Re:Who is that? by Idarubicin · · Score: 5, Informative

    Kind of like how climate change activists erased the Medieval Warm Period off of Wikipedia a few years ago.

    [citation needed].

    Here's the current article: Medieval Warm Period. It has a couple of pages of detailed text, a pair of graphs of temperature records, and three photographs of locations or artifacts relevant to the MWP's effect on human history. The article has 41 footnotes, mostly to peer-reviewed journal articles.

    Five years ago: 2009 version. A little over a page, one graph, one photo. 25 footnotes.

    For fun, ten years ago: 2004 version. Six paragraphs (three of which are a single sentence). Zero figures, zero photographs. Just 4 inline references.

    Scrolling through the article's editing history I don't find any period where anyone "erased" the MWP, aside from some short-lived vandalism. At no point is there any intimation in the article that the MWP didn't occur or was otherwise not a real thing. The article appears to have grown steadily in length, quality, and detail over the last decade, but its central points appear to have remained essentially unchanged. Your comment, however, appears quite typical of climate change deniers--boldly stating things that are patently untrue in order to gain the emotional support of people who don't fact-check you, while wasting the time of the people who do.

    --
    ~Idarubicin
  19. Convicted Criminal Yank Barry is Lying Scum by McGruber · · Score: 4, Informative

    An April 15, 2012 National Post newspaper article by Joe O'Connor:

    The world according to Yank: Montrealer with checkered past gets Nobel nod, or does he?

    Mr. Barry is never far from the spotlight. He was the focus of a 4,000-word investigative report by the Montreal Gazette in October 1998.

    The front page article delved into Global Village Market, a company through which he was selling VitaPro, and one he marketed to potential investors with the help of the motto: “doing well by doing good.”

    Mr. Barry’s pitch, backed by some celebrity punch, reportedly sold investors on the notion that the more money the company made the more food he would distribute to the needy.

    Celine Dion was one of the celebrities involved. She was led to believe that she was endorsing a humanitarian mission to Africa led by Mr. Ali, and engineered by Yank Barry. She taped a message trumpeting her support for a purely philanthropic cause. Said message, in audiotape form was then, unbeknownst to Ms. Dion, reportedly used by Mr. Barry as part of his promotional material selling investment units in Global Village Market, a for-profit business.

    Cracks appeared early in the enterprise. Promises of philanthropy dried up. Investors lost everything and several lodged complaints against Mr. Barry with the Quebec Securities Commission. The securities regulator did not sanction Mr. Barry, though the entire episode lingers as a sore spot for many, including Celine Dion.

    Her image still appears on the Global Village Champions Foundation website, a presence that irks Paul-Andre Martel, the Montreal lawyer representing the famous singer and husband, Rene Angelil.

    “My clients have absolutely no involvement with Mr. Barry or his organization,” Mr. Martel said. “What we think is that Mr. Barry is using the name and the fame of people that have spent time with Mr. Ali over the years.”