| Revision as of 22:42, 27 November 2007 view sourceFT2 (talk | contribs)Edit filter managers, Administrators55,546 edits →Traditional Knowledge: repaste comment from talk page← Previous edit |
Latest revision as of 18:33, 4 November 2024 view source Redrose64 (talk | contribs)Autopatrolled, Administrators273,438 edits Undid revision 1255303665 by Fery Hury (talk) this is not a help desk, it is the page for discussing improvements to Misplaced Pages:General disclaimerTag: Undo |
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{{pp-protected|reason=Persistent ] - seems like this page gets no on-point comments from IPs and new users ever, and a lot of bad edits frequently|small=yes}} |
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{{talk header|noarchives=yes|search=no}} |
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{{Misplaced Pages Help Project}} |
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}} |
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{{metatalk}} |
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{{Annual readership}} |
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{{Archive box|auto=long|search=yes}} |
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== Inconsistent use of the Oxford comma/unclear parenthetical == |
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] |
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{{edit fully-protected|answered=yes}} |
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== Libel == |
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The last sentence of "Jurisdiction and legality of content" uses the Oxford comma while the parenthetical in "Not professional advice" appears to omit it. This should be fixed if it's a mistake; if not, someone please tell me what the intended meaning of the parenthetical is. ] (]) 00:21, 21 October 2022 (UTC) |
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*{{not done}} as there isn't a specific actionable edit request here. This section can certainly still be used for discussion. Contextually, these appear to be different - with the later being a non-exclusive list of general examples only. — ] <sup>]</sup> 13:58, 8 December 2022 (UTC) |
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*:The latter may be not be an exhaustive list, but that doesn't mean a serial comma is or isn't warranted. |
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*:I've since read through the rest of the article and found this isn't the only case; there are 6 cases of a list of 3 or more items omitting the serial comma and 4 cases of a list of 3 or more items including the serial comma. While ] suggests either usage is acceptable on Misplaced Pages, it also says that "erial commas are more helpful the more complex the material," and that jives with their near-universal usage in legal documents, as well as their ]; this makes them more appropriate for this article, which is quasi-legal. More importantly, though, ] states that "ditors may use either convention so long as each article is internally consistent." |
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*:While obviously this isn't the most important thing ever, for such an important page – particularly since it's a quasi-legal page – we should be as clear as possible, especially in the cases where it is ambiguous. I am not 100% certain, and I imagine other users would be confused, too, whether the parenthetical in the "Not professional advice" section refers to "financial or risk management advice" as one unit or "financial advice" as well as "risk management advice" as two separate units. That ambiguity is a bad look for a page like this, and was basically the impetus for me raising this concern. I strongly suspect it means the latter (two separate types of advice) and simply lacks the serial comma – as the former does not make much sense, particularly with the structure of the rest of the list – but I'm not 100% sure, and it should be made clear. |
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*:Thus, I propose adding the serial comma to all places where it's absent. Alternatively, as a second-best option, we could remove the serial comma from all places it is present. |
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*:Option 1 (preferred) |
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*:* "complete, accurate or reliable information" becomes "complete, accurate, or reliable information" |
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*:* "contributors, sponsors, administrators or anyone else" becomes "contributors, sponsors, administrators, or anyone else" |
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*:* "the owners or users of this site, the owners of the servers upon which it is housed, the individual Misplaced Pages contributors, any project administrators, sysops or anyone else" becomes "the owners or users of this site, the owners of the servers upon which it is housed, the individual Misplaced Pages contributors, any project administrators, sysops, or anyone else" |
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*:* "agents, members, organizers or other users" becomes "agents, members, organizers, or other users" |
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*:* "change, edit, modify or remove" becomes "change, edit, modify, or remove" |
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*:* "medical, legal, financial or risk management" becomes "medical, legal, financial, or risk management" |
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*:Option 2 (less-preferred) |
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*:* "changed, vandalized, or altered" becomes "changed, vandalized or altered" |
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*:* "Any of the trademarks, service marks, collective marks, design rights, or similar rights" becomes "Any of the trademarks, service marks, collective marks, design rights or similar rights" |
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*:* "mentioned, used, or cited" becomes "mentioned, used or cited" |
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*:* "use, reproduce, or republish" becomes "use, reproduce or republish" |
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*:] (]) 00:36, 11 January 2023 (UTC) |
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*::@]@] I've gone and done this. They all seem to fit the bill, and I didn't see any other instances. I'll also note that, nearly one year ago, {{u|Oshwah}} did a couple of other instances. Happy to continue the discussion if anyone feels I've short-circuited. Thanks for the detail, Blippy. ~ <span style="color:#DF00A0">Amory</span><small style="color:#555"> ''(] • ] • ])''</small> 14:09, 11 January 2023 (UTC) |
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*:::@] thanks, I had no objection other than the lack of a specific edit ready to go initially. 14:24, 11 January 2023 (UTC) — ] <sup>]</sup> 14:24, 11 January 2023 (UTC) |
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*::::@] @] Looks good, thanks! ] (]) 01:50, 13 January 2023 (UTC) |
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== link added == |
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How can[REDACTED] be immune to claims of publishing libelous material? In US law, anyone associated with publishing libel (e.g. a company that runs a printing press) can be included in the suit against the author for enabling the libel to occur. --] 00:46, 1 April 2006 (UTC) |
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Added a link to ] following some discussion over at meta-wiki. — ] <sup>]</sup> 03:08, 12 November 2023 (UTC) |
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Not Quite: |
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:The Communications Decency Act of 1996 ("CDA") -- 47 U.S.C. § 230 "plainly immunizes computer service providers like AOL from liability for information that originates with third parties. Furthermore, Congress clearly expressed its intent that § 230 apply to lawsuits" - '''' ] (E.D. Va. March 21, 1997)(Ellis, J.) aff'd. 129 F. 3d 327 (4th Cir. Nov. 12, 1997), cert. denied, 524 US 937 (1998) |
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== Edit request (April 6, 2024) == |
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Clearly then, Misplaced Pages, to the extent material is added by third-party editors such as you and me, and not by employees or officers of the Wikimedia Foundation, would thus be immune to liability. ] 10:49, 23 June 2006 (UTC) |
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{{edit fully-protected|answered=yes}} |
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* Comment: You have misinterpreted "computer service providers". Misplaced Pages does not provide anybody with computer service, but only a service through the computer. It is not as if[REDACTED] is/was comparable to "AOL" in 1996. It is simply a website that WILL BE held liable under publication laws. The CDA is also no longer being upheld.] |
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Please change {{!tq|CC-BY-SA}} (in both places it appears) to {{tq|CC BY-SA}} per (page 11). Thanks! <b>]]</b> (] · he/him) 19:58, 6 April 2024 (UTC) |
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::You are incorrect on both counts. The US courts have interpreted this provision of the CDA broadly, and only part of the CDA was struck down as unconstitutional.—] 20:05, 29 May 2007 (UTC) |
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:{{done}}<!-- Template:EP --> — Martin <small>(] · ])</small> 20:15, 6 April 2024 (UTC) |
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:::As an expert in law and jurisprudence, that is simply not true. The last provisions of the CDA have nothing to do with libelous material but only the limit the use of telecommunications for the purpose of harassment. I hope that one day this site is not in for a rude awakening. - ] 30 June 2007 (UTC) |
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::::Care to quote an authority? ←] 06:59, 13 August 2007 (UTC) |
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== Read critically == |
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I strongly support a more promenent disclaimer. However, it doesn't have to be a negative thing. Even something simple like this would be a start: |
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<center><div class="boilerplate metadata" id="''Disclaimer''" style="background-color: #FFFFFF; width: 240px; border: 1px solid #000000; margin: 0.5em; padding: 0.5em;"><center><b>''Disclaimer''</b></center><center>Remember to ].</center> |
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</div></center> |
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And ] should say something like: |
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:It is important to read all sources critically. Books, journals, encyclopedia and websites can all be informative. However, nothing can be considered 100% accurate. |
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:This is important when reading Misplaced Pages. As anyone can contribute, errors do occur (although we have systems in place to minimize and correct errors). |
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That's just the seed of an idea, and I haven't really gone into what critical reading is, yet. But how does it sound as an idea? --] 00:37, 11 April 2006 (UTC) |
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I cannot think of a more appropriate subject for Wikians to discuss! If I had only paid attention during the many years of my education, I wouldn't have to spend so much time dealing with the same thing Paul Simon sings in the first two lines of "Kodachrome." "When I think of all the crap I learned in high school, It's a wonder I can think at all." 21st century technology serves to remind all of us of the urgent need for critical reading that all of us should be doing all of our lives. I get at least 6 bulk mails every day, asking me to claim my U.K. lottery winnings, helping some needy soul in Africa, or unauthorised access to "my" pay-pal account. I think critical analysis should be taught from pre-school through phD programmes. |
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] 22:56, 26 June 2006 (UTC) |
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== Other disclaimers section... == |
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... should be removed. What does this have to do with wikipedia? It comes across as saying "our content may suck, but look, those other guys say that their encyclopedia are not perfect either". ---] 04:06, 22 April 2006 (UTC) |
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: I agree. It only makes Misplaced Pages's editors seem juvenile and embarrassed by the generally poor quality of content on this site. These perceptions may or may not be accurate, but just FYI, this is the impression from "Other disclaimers." ] 03:39, 8 June 2006 (UTC) |
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: Au contraire! How could a comparative analysis of disclaimers by "legitimate" sources, some of which are clear, and others obfuscational legalese, do anything but butress the need for all Wikians to behave responsibly? ] 22:36, 26 June 2006 (UTC) |
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== Link to articles in other languages == |
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Have been unable to insert a link to |
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'''<code>]</code>''' |
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Someone who has the privilege to modify protected pages should do instead. |
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--] 06:22, 28 July 2006 (UTC) |
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== External links == |
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Should we add something to the disclaimer to the effect that we also cannot make guarantees about the nature of externally linked content? ]<sup>] ]</sup> 18:16, 5 August 2006 (UTC) |
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:NM. it looks like we already do. ]<sup>] ]</sup> 18:18, 5 August 2006 (UTC) |
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==Unsigned comment== |
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Misplaced Pages uses at least a double measurement. Some authors are refused on the quasy-scientific basis, however, other authors are allowed to publish false information and it is impossible to find a way of correcting them. This is not an honest policy. I don't think Misplaced Pages is an encyclopedia. It serves other purposes, which are directly non-scientific. |
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left by ''81.182.83.72 (Talk)'' noted by ] 06:24, 27 August 2006 (UTC) |
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== eu interwiki == |
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Please, add the next interwiki if it is possible: ]. Thanks.] · ] 11:03, 28 August 2006 (UTC) |
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: This has been done. ] 11:42, 31 August 2006 (UTC) |
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== Formatting and junk-purging == |
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I made an ] regarding this four days ago; no replies. In any case, here it is again: |
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:The ], linked to in the footer of every single document in the project (] ]), are in a state of horror. I've (a) made formatting changes and (b) removed what I considered junk; the results are at ] (diffs: , , , ). I'd appreciate if a sysop reading this could copy them over to their respective projectspace pages (changing <code><nowiki>{{../Template:Disclaimer-header}}</nowiki></code> to <code><nowiki>{{disclaimer-header}}</nowiki></code> and <code><nowiki>]</nowiki></code> to <code><nowiki>]</nowiki></code>); I also invite anyone with concerns to comment here and/or reverse the copy if it's been performed. |
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:Although it's an improvement, in my opinion the pages have quite a ways to go. A goal I'd personally like to see is one single disclaimer, free from rhetoric and irrelevent comments (wikilinks gone, too). ~ ] 20:01, 27 August 2006 (UTC) |
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Honestly, given the high visibility of the post, I'm interpreting the lack of interest as a lack of opposition. Would someone please copy over the pages? ~ ] 00:03, 31 August 2006 (UTC) |
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:I've done this one, leave me a note what else wants doing. ] 11:43, 31 August 2006 (UTC) |
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== Raw code in page == |
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There seems to be a bit of raw wiki code at the top of the page: |
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<nowiki>{{../Template:Disclaimer-header}}</nowiki> |
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Isn't that supposed to get expanded into some sort of header? |
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] 12:11, 31 August 2006 (UTC) |
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:Has been taken care of. ~ ] 16:50, 31 August 2006 (UTC) |
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== Interwiki request == |
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Please add interwiki link for Serbian language Misplaced Pages. The link is: |
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<nowiki>]</nowiki> |
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Thank you. --] 09:51, 23 September 2006 (UTC) |
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:Done, thanks. ] 18:05, 23 September 2006 (UTC) |
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== Trademarks typo == |
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In the sentence, "Unless otherwise stated Misplaced Pages and Wikimedia sites are neither endorsed nor affiliated with any of the holders of any such rights and as such Misplaced Pages can not grant any rights to use any otherwise protected materials." "can not" should be changed to "cannot". |
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:"Cannot" = is unable to. |
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:"Can not" = is able to refuse. |
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] 14:57, 21 October 2006 (UTC) |
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:Just helping you out... You gotta notify the admins to fix this with this template: —] (]·]) 08:18, 28 December 2006 (UTC) |
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::Done. ] 06:34, 29 December 2006 (UTC) |
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== Headers should be bumped up == |
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... one level, from h3 (===) to h2 (==). It's done this way in most all else of Misplaced Pages. ]] <small>] '''2006-10-21'''''t'''''23:53'''''z''</small> |
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:Disagree with this; it would make the sections too short. The triple-equal markup is effectively being used for headers, not sections; writing |
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<big><b>This is not an h3, but it serves the same purpose</b></big> |
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:would have a similar effect, but I'm fine with it as it is now. --] 12:48, 23 October 2006 (]]]) |
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:It seems that it has been solved. ]] <sub> ]</sub> 20:00, 26 October 2006 (UTC) |
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== Legal Disclaimer Holds No Water == |
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Simply stating that[REDACTED] cannot be held liable for the breaking of various laws (I would assume slander, libel, copyright infringment, etc) by publishing its material does not give them any protection at all. They are offering the service of allowing others to publish AT THEIR RISK. It is same with dry cleaners. While it may say "Not Responsible For Lost Items" THEY ARE. The disclaimer is simply there to scare people off from actually doing it. It would be impossible to verify someone affiliated with[REDACTED] from someone not affiliated with them, so anything published on wikipedia, they ARE responsible for. ] |
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:By that logic, if someone goes up to an Oracle office building and sprays "JOHN DOE IS A RAPIST" on the wall, Oracle is responsible for John Doe's libel lawsuit. If you aren't a lawyer, you should not make such objections. If you are a lawyer... well... I suggest you do some reading. — ] <font color="#000088"><sup>]</sup>'''/'''<sub>]</sub></font></span> 05:36, 24 December 2006 (UTC) |
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That is correct, they would be responsible. This is why graffiti is often cleaned in a timely manner. |
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] |
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:I don't want to be a pest, but it would be very helpful to know of an authority which agrees. ←] 07:06, 13 August 2007 (UTC) |
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== Interwiki to id == |
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Please add interwiki to ] for the following ]' pages. |
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* ] => ] |
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* ] => ] |
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* ] => ] |
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* ] => ] |
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* ] => ] |
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Thanks. --] ] •• 07:12, 17 January 2007 (UTC) |
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:Done. ] (]/]) 08:53, 17 January 2007 (UTC) |
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== Macedonian interwiki == |
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<nowiki>{{editprotected}}</nowiki> |
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Can you please add ] to this page? Thnaks in advance. --] 07:21, 1 February 2007 (UTC) |
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:{{tick}} '''Done.''' ] 20:55, 12 March 2007 (UTC) |
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{{tl|editprotect}} |
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Someone may like to add <nowiki>]</nowiki>.--] 03:39, 14 April 2007 (UTC) |
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:{{tick}} '''Done''' '''''<font color="darkblue">]</font>''''' 09:15, 14 April 2007 (UTC) |
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== Misleading Sentence == |
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''"Even articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them."'' |
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This sentence implies that honest errors do not occur in featured or peer reviewed articles. Page edit history is accessible, so it is clear whether a page was edited recently or not. This point should be clarified. --] <sup>]/]</sup> 20:01, 15 April 2007 (UTC) |
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== Put inter-wiki please to Yiddish language. == |
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like this <nowiki>]</nowiki> tahnks--] 23:29, 9 May 2007 (UTC) |
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== interwiki == |
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{{tl|editprotected}} |
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please add interwiki to RU: |
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<nowiki>]</nowiki> |
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--] 18:28, 10 May 2007 (UTC) |
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:done. ] · <small>]</small> 22:49, 10 May 2007 (UTC) |
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== Stop modifying this document == |
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This disclaimer is used in ] and ], ''and is an actual legal document'' that should be reprinted alongside every copy of the GFDL when republishing Misplaced Pages images. Every time a copyright holder chooses one of those tags, he or she is licensing his or her image under a copyright license that includes this disclaimer. If the image were published under a disclaimer that was not the same revision as when the uploader uploaded his or her file, that contract would be null and the republisher could be sued for copyright infringement. That's not good. Thanks, ] 20:27, 16 May 2007 (UTC) ''Oh, ]'' |
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: ]. I could argue that if a user uses ], they should know that the linked disclaimer page is subject to minor change, and are therefore accepting the possibility of such minor changes. It's equivalent to the text "version 2, or any later version". |
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: I comment because it's been suggested to simplify the disclaimer around PTSD and epilepsy by merging the two. ] 18:32, 16 August 2007 (UTC) |
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== More visibility == |
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I suggest to put the disclaimer link in the main menu. Currently the link is at the bottom and very difficult to find considering the disclaimer importance. --] 18:24, 17 May 2007 (UTC) |
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== interwiki == |
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{{tl|editprotected}} please add interwiki to IT: |
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<nowiki>]</nowiki>--] 21:26, 1 June 2007 (UTC) |
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:] '''Done'''. Cheers. --] 21:34, 1 June 2007 (UTC) |
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== Interwiki == |
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<nowiki>{{editprotected}}</nowiki> |
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Please add the interwiki |
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<nowiki>]</nowiki> --]<sub>]</sub> 10:49, 5 September 2007 (UTC) |
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:{{tick|18}} '''Done'''. Thanks, ]] 17:50, 5 September 2007 (UTC) |
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== Caps lock == |
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{{tlx|editprotected}}Please fix the "Misplaced Pages makes no guarantee of validity" message on the top. THIS TYPE OF HIGHLIGHTING looks terrible and is applicable only when it's impossible to use other ways. — <small>] ]</small> 14:23, 29 September 2007 (UTC) |
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:I think it's supposed to be in capitals to accommodate text-only browsers. Either way, it's standardized among the five disclaimers, and changes to these incredibly important pages will require (at least a little) discussion. You can try ]. Cheers. --] 19:28, 29 September 2007 (UTC) |
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==Interwiki== |
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please somebody insert a yi interlink like this yi:װיקיפּעדיע:קלארשטעלונג thanks.--] 00:41, 2 October 2007 (UTC) |
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:{{tick|18}} '''Done''' -- ] <sup>]</sup> 00:54, 2 October 2007 (UTC) |
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== Interwiki needed == |
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Please add the following interwiki <nowiki>]</nowiki>--] 18:55, 27 October 2007 (UTC) |
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== Libelers are resonsible for libel; disclaimer is incorrect == |
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This part of the disclaimer is incorrect: '''"None of the contributors, sponsors, administrators, or anyone else connected with Misplaced Pages in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages."''' Those Misplaced Pages contributors who commit libel on Misplaced Pages are responsible for the appearance of the libelous information. -- Jeronim 14:32, 5 November 2007 (UTC) |
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== interwiki == |
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Please add interwiki link <nowiki>]</nowiki>. <small>—Preceding ] comment added by ] (]) 10:55, 19 November 2007 (UTC)</small><!-- Template:UnsignedIP --> <!--Autosigned by SineBot--> |
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== Traditional Knowledge == |
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{{tlx|editprotected}} |
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Please amend the ] heading to read ''"Pre-existing Intellectual Property"'' and insert 'traditional knowledge' into the existing list of pre-existing intellectual property rights '.. collective marks, ''traditional knowledge'', design rights... etc. |
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While this proposed edit had not been widely discussed, a need for an edit of this kind has been identified in discussion held on ], and there has been some sympathy (and no immediate opposition) to the intent of the proposed edit. ] (]) 23:28, 23 November 2007 (UTC) |
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:I see the intent, but Im not sure how it works. This is a section covering types of right recognized in law, for which legal protection against use by others may apply. How exactly does Asutralian law (or any state law) protect "traditional knowledge" as being the "the property of respective owners"? Unlike all the others, usually traditional knowledge doesn't have an owner. Same sort of concern, sentence 2 addresses legal restrictions on use. Is "traditional knowledge" protected against use by others by law, such that there are sanctions we must disclaim liability for breaching? Last concern on the same theme, "traditional knowledge" may vary by country. But this would be a disclaimer related to all "traditional knowledge" anywhere. Is it applicable? |
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: Basically, unless there is specific knowledge, known as "traditional knowledge" in a given country, which has some form of legal protection against distribution, restatement, copying, or usage, its hard to see what its inclusion here can be. ] <sup><span style="font-style:italic">(] | ])</span></sup> 05:17, 25 November 2007 (UTC) |
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:: ''Update:'' Regarding the thread mentioned, I've looked at it. |
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::* The primary motive stated is to "somehow pay homage, recognise, and properly attribute the prior 'authorship' ... of local indigenous ". Thats purely a matter of source citing. We respect sources every time we cite them. We give them credit as legally required. But the disclaimer on legal uses is not the place to "pay homage" or "attribute". Its the place to state that Misplaced Pages disclaims liability in law for certain matters which it clarifies may have legal significance for readers and users of its content. |
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::* The secondary motive is to note the existence of "knowledge economies" and that there are traditional expectations of its use. However this is flawed from a disclaimer point of view. In any attribution, we cite the words of specific publications and writers. We do not cite "traditional knowledge" as a source (] refers) even if the writing we cite may be someones' ''writing down'' of traditional knowledge. The actual knowledge cited is published words written by a known author or publisher, and those words have the legal protection of copyright (of those specific written published versions we cite from), and hence the disclaimers regarding liability for how our users use the information written by us. But in fact we don't cite from the "traditions" at all, ever. Only from specific author's writings ''about'' traditions. |
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:: I understand this is not the desired answer. I'm open to discussion if others disagree, I'm purely commenting as a technical, legal matter on the disclaimers, here. |
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:: ] <sup><span style="font-style:italic">(] | ])</span></sup> 07:28, 25 November 2007 (UTC) |
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::: Whoops .. just got caught in an 'edit conflict' .. this was what I was posting when caught by your last entry .. I will now read that (still posting what I had written if that's OK?) |
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::: ''Thank you ] <sup><span style="font-style:italic">(] | ])</span></sup> for your response to request for an edit. From your comments: '' |
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:::: ''I see, perhaps, the first part of the above edit request (ie to amend the heading ] to read ''Pre-Existing Intellectual Property'') may in fact be appropriate (?) .. even if the remainder my request has faltered on some uncertainity as to whether or not peoples' 'traditional knowledge/s' actually qualifies as a formal form of pre-existing intellectual property "..protected against use by others by law .."??'' |
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:::: ''I also see, now, the General Disclaimer (or at least the ]) section) is intended by Misplaced Pages to be a strict legal liability only disclaimer !? (ie IF there is no formal State laws from which a legal action may be taken against Misplaced Pages users, THEN no mention shall be made within the disclaimer of possible beaches or offenses against long standing traditions, group expectations and lores)'' |
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:::: ''Also, while I am definitely no lawyer, it would be my understanding editors agree to enter material into Misplaced Pages and licence free access and use of that material in accordance with ](GFDL). The 'disclaimer' then 'qualifies' the extent to which users/readers can truly rely on the GFDL to protect THEM from legal action .. Under these circumstances, it may be better for the disclaimer to act broadly (ie ANY hint of possible liability) rather than narrowly (ie ONLY certain legal liability.'' |
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:::: ''In Australia, for instance, there is certainly court law, pluas statutory law, and legal precedents (cases won) protecting some (but not all) aspects of traditional knowledge (particularly secret/sacred knowledge!!) I may need to check Misplaced Pages for coverage of this material?!!'' |
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::: ''Around the world I undertand there are certainly many countries that have passed legislation formally establishing traditional knowledge as legal 'owned' (in tradition) intellectual property (again I'll have to check Wiki for coverage of this)'' |
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::: ''At the United Nations level I understand some aspects of traditional knowledge as an groups intellectual property right are framed within the Biodiversity Convention (including, I believe, a requirement for prior informed consent for use of traditional ecological knowledge.. or something to that effect); and the World Intellectual Property orginisation has been doing a lot of work in this area?!! (Again, may need to check Misplaced Pages's coverage of this?)'' |
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::: ''Also at the United Nations level, while I am definitely not familiar with the text, I have been given to understand from media coverage that the recently signed United Nations Decleration of Indigenous Peoples (sic?) .. recognised 'laws/lores' exercised and held by indigenous groups around the world, most often outside (or within?) more formal State law, as being legitimate laws for those State/Nations who've signed up to acknowledge and recognise (potentially making rights held within those laws/lores legally enforceable?!!)'' |
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::: ''Finally, I guess I should point out that within the current list of pre-existing intellectual property contained in the General Disclaimer I have sought to amend .. is listed 'personality rights' .. it would be interesting to know if this is a formal intellectual property right created by state/national laws around the world? (I'm not really aware of such laws in Australia, unless it is a reference to defamation laws??) If personality rights don't exist as a specific identifiable 'right' created in the laws of a number of states/nations, then, perhaps it should be removed (on the same grounds traditional knowledge might not be included)??'' ] (]) 08:14, 25 November 2007 (UTC) |
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Please do check these and let us know. The issue from Misplaced Pages's point of view is fairly simple. All our content is GFDL anyway (if it isn't then we delete it ourselves). So the disclaimer is there to disclaim legal responsibility for relying upon facts we state, information we present, and to ensure the user is made legally aware of the limitations of our work in publishing it (that we haven't necessarily checked its accurate or complete, and so on). Hope this helps? ] <sup><span style="font-style:italic">(] | ])</span></sup> 16:53, 25 November 2007 (UTC) |
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{{cross}} '''Edit declined.''' As per FT2 above. "Traditional knowledge" does not appear to be a widely recognised, legally protected form of ] whose ownership Misplaced Pages needs to disclaim. ] (]) 21:19, 25 November 2007 (UTC) |
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=== Update - post(s) from my talk page=== |
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The following was posted on my ]: |
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:{| style="border:black solid 1px" width="90%" |
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You will recall edit request made on the 'General Disclaimer' talk page, to insert 'traditional knowledge' into existing list of potential, pre-existing intellectual property rights that may be contained in Misplaced Pages articles? |
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You asked me to advise on outcome of my searches re: United Nations Declaration, country statutes, court law etc. Please now find below initial outcomes of those searches (for which I needed to go outside Misplaced Pages!), copied from posting on ] |
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:Article 31 of the ] proclaims the following regarding indigenous intellectual property- |
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::''"Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions"'' |
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:Countries likely to us the english Misplaced Pages, with statues/legislation protecting indigenous intellectual property of this kind include (but is not limited to): Nigeria (''Copyright Act 1990''), Central African Republic (''Ordinance No. 85-002 on Copyright (Central African Republic)'') and Ghana (''Copy Right Act 2005'' ) |
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:Relevant court law in Australia include ''Milpurrurru v Indofurn Pty Ltd'' (1995), with courts recognising the 'cultural harm' indigenous plaintiff's suffered as a consequence of misuse of their designs on carpets, awarding damages, and implying communal ownership of indigenous designs; ''Foster v Mountford'' (1976), where the court granted indigenous plaintiffs an injunction to prevent the sale of a book written by an anthropologist (Mountford) containing confidential information given to the author in confidence. |
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:The World Intellectual Property Organisation maintains a database of existing codes, guides, policies, protocols and standard agreements relating to the recording, digitization and dissemination of intangible cultural heritage, with an emphasis on intellectual property .. |
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: In the end, though, all that was asked for of Misplaced Pages administrators, was to insert the words 'traditional knowledge' into an existing list comprised of things like "collective marks" and, yes, "personality rights" (still not sure what these are?). I have since suggested there is sufficient rationale for such a small edit of the general disclaimer, of the kind requested, and because there can be no harm (?) and there is no real reason not to make this edit .. then let Misplaced Pages community be more encompassing, and less narrow. |
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Hans Adler (talk) comments were understanding and useful. |
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Perhaps there may be one or more administrators who may be similarly understanding and perhaps agreeable to (re)editing the disclaimer, or alternative measure (perhaps a notice regarding indigenous content on relevant articles?) |
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Given the above, is there any chance you might reconsider, or perhaps recommend other/alternative action/ direction? ] (]) 22:25, 27 November 2007 (UTC) |
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I commented there: |
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:My addition was a comment on the legal nature of a disclaimer and a quick sanity check if the proposal had meaning legally. If the case makes sense legally then I'll support, if it doesn't have a good legal basis it's hard to. I've copied this note to that page, as it's best discussed there not here, and I'll catch you on that page instead :) ] <sup><span style="font-style:italic">(] | ])</span></sup> 22:39, 27 November 2007 (UTC) |
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I'll reply here in a bit; I suggest we keep the conversation on this page so others can contriibute. ] <sup><span style="font-style:italic">(] | ])</span></sup> 22:42, 27 November 2007 (UTC) |
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The last sentence of "Jurisdiction and legality of content" uses the Oxford comma while the parenthetical in "Not professional advice" appears to omit it. This should be fixed if it's a mistake; if not, someone please tell me what the intended meaning of the parenthetical is. Blippy1998 (talk) 00:21, 21 October 2022 (UTC)
Not done as there isn't a specific actionable edit request here. This section can certainly still be used for discussion. Contextually, these appear to be different - with the later being a non-exclusive list of general examples only. — xaosflux 13:58, 8 December 2022 (UTC)
Done — Martin (MSGJ · talk) 20:15, 6 April 2024 (UTC)