That's an excellent pointer. You've raised what I think is the key question for them.
Insofar as the webhost allows third parties (other orgs, or individuals) to create projects <https://www.zooniverse.org/lab>, I think they might well face an issue here - the content that the "creators" upload is not necessarily published "by or on behalf of" the host. The OSB says that "content that is user-generated content in relation to a service is not to be regarded as provider content in relation to that service". The *uploader* might be able to say that *their *project benefits from the Sched 1 "publisher content" exemption, but that might be harder for the host. (I think of this like Inception, or Matryoshka dolls) As an aside, I wonder if SNPedia <https://www.snpedia.com/> might be in trouble, too. And maybe Justgiving. Phil On Thu, 18 May 2023 at 12:42, Richard Nevell < richard.nev...@wikimedia.org.uk> wrote: > Would Zooniverse <https://en.wikipedia.org/wiki/Zooniverse> potentially > be caught up in it? It is a citizen science website, and has UGC, eg: > comments and discussion here: > https://www.zooniverse.org/projects/artem-dot-reshetnikov/saint-george-on-a-bike/talk/5049/2900955 > > As I understand it, the comments are very much in response to datasets > from the content provider - and are one way in which people contribute to > the crowdsourcing - so perhaps it would be exempt? But since the point of > the website is to encourage interactions between a community and datasets > maybe it's not a clear cut case. > > On Thu, 18 May 2023 at 10:23, Phil Bradley-Schmieg <pbrad...@wikimedia.org> > wrote: > >> Hello, hive mind - with all this talk of whether our projects (even >> Wiktionary!) should be caught by the UK OSB, I was hoping to crowdsource an >> answer to the question: who else might be unfortunate bycatch for this >> ill-scoped "online safety" law? >> I'll set out the key definition below, and hopefully you'll have some >> ideas. I'll start the ball rolling with *OpenStreetMap* and >> *FixMyStreet*... >> >> For context: we're hoping to build support for an additional exemption >> for services *"provided for the purpose of indexing, manipulation, >> discussion and/or making available of content in the public interest, >> including but not limited to historical, academic, artistic, educational, >> encyclopaedic, journalistic, and/or statistical content"*. It'd be >> helpful to have other examples of good projects that would benefit from >> being spared the OSB's requirements, not least all the red tape that it >> requires! >> >> *Scope of the OSB **(ignoring parts dedicated to porn sites - and >> glossing over a couple of smaller details, such as how combination services >> are treated):* >> >> a. Applies to any “User-to-user service” and “search service” that "has >> links with the UK" (e.g. UK users) and isn't exempt. >> >> b. A U2U service "means an internet service by means of which content >> that is generated directly on the service by a user of the service, or >> uploaded to or shared on the service by a user of the service, may be >> encountered by another user, or other users, of the service (...) it does >> not matter if content is actually shared with another user or users as long >> as a service has a functionality that allows such sharing". It also "does >> not matter what proportion of content on a service is" UGC. >> >> c. A search service is "an internet service that is, or includes, a >> search engine", that is run by the provider of that site (rather than just >> embedding Google Search into your own), but "does not include a service >> which enables a person to search just one website or database." >> >> *Exemptions are set out in Schedule 1. These include:* >> >> 1. Services where the UGC is limited to >> >> - emails, or SMS/MMS; >> - one-to-one live aural communications; >> - comments or reviews relating to the provider's own content; >> - sharing of such comments or reviews (about a provider's own >> content) on a different internet service; >> - services limiting user expression to like/dislikes buttons, emojis, >> yes/no voting, or rating/scoring; >> >> (but the exemptions above do NOT apply if regulated provider pornographic >> content is published or displayed on the service) >> >> "Provider content" is "content published on a service by the provider of >> the service or by a person acting on behalf of the provider (including >> where the publication of the content is effected or controlled by means of >> software or an automated tool or algorithm applied by the provider or by a >> person acting on behalf of the provider)." >> So that would include, say, guest posters on your own blog, or columnists >> on the Daily Mail website, but is unlikely to include WMF projects (since >> contributors aren't acting "on behalf of" WMF). >> >> 2. Intranets and search engines that are run internally by *businesses.* >> >> 3. Services provided by UK public bodies or foreign sovereign powers >> (except for childcare services, which have their own narrower exemption). >> >> 4. Certain UK-regulated (e.g. Ofsted-regulated) education/childcare >> providers. >> >> Thanks in advance! >> >> *Phil Bradley-Schmieg* (he/him) >> Lead Counsel >> Wikimedia Foundation <https://wikimediafoundation.org/> >> >> NOTICE: *This message might have confidential or legally privileged >> information in it. If you have received this message by accident, please >> delete it and let us know about the mistake. As an attorney for the >> Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice >> to, or serve as a lawyer for, community members, volunteers, or staff >> members in their personal capacity. 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