Wikipedia:Wikipedia as a court source

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Wikipedia as a source
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Below is a small list of documents used in legal proceedings that have cited Wikipedia as a source.

Contents

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2006

  • First known citation in the UK courts - BBT Thermotechnology UK Ltd v Brainfire Group [2006] DRS 3931 (12 January 2006) (Nominet UK Dispute Resolution Service re buderus.co.uk)
    • Wikipedia cited in correspondence between the parties, quoted in the reported decision: Buderus is not a fanciful term coined by your company. Its origins are as a last name. Please see for example the online encyclopaedia entry on Danny Buderus: http://en.wikipedia.org/wiki/Danny_Buderus (BAILII report)
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2005

  • Wikipedia and the courts
  • Amco Ukrservice & Prompriladamco v. American Meter Co., 2005 WL 1541029, (E.D.Pa., Jun 29, 2005) cites Wikipedia in a footnote on the definition of "Sea of Okhotsk": "The Sea of Okhostsk is part of the western Pacific Ocean, lying off the southern coast of Siberia and between the Kamchatka Peninsula and the Russo-Japanese Kurile Islands. See The Sea of Okhotsk, Wikipedia, at http://en.wikipedia.org/wiki/Sea_of_Okhotsk (last visited June 23, 2005)."
  • U.S. v. Krueger, 415 F.3d 766, (7th Cir., July 28, 2005) cites Wikipedia on the definition of a "shake" in the context of marijuana: "(According to Wikipedia, a free-content on-line encyclopedia, 'shake' is a term used to describe the small bits of marijuana, usually leaves, that break off and accumulate at the bottom of a plastic bag containing marijuana when the bag is handled roughly. See http://en.wikipedia.org; see also R. 19 at 78.)"
  • Allegheny Defense Project, Inc. v. U.S. Forest Service, 423 F.3d 215, (3rd Cir., September 15, 2005) cites Wikipedia on "understory": "'Understory' is the term used for the area of a forest that grows in the shade of the overstory or canopy. Plants in the understory consist of a mixture of seedlings and saplings of canopy trees together with understory shrubs and herbs. See Wikipedia, the Free Encyclopedia, Understory, at http://en.wikipedia.org/wiki/Understory (last visited Aug. 24, 2005)"
  • English Mountain Spring Water Co. v. Chumley, 2005 WL 2756072 (Tenn.Ct.App., October 25, 2005) cites Wikipedia on whether a "beverage" includes water: "A drink specifically prepared for human consumption. Almost always it largely consists of water. These include water, from the tap or from a bottle.". It then goes on to discuss Wikipedia's lack of authority:
The sources that offer the strongest support for the Department's argument that the term "beverage" includes water are those set forth in Group A, as these definitions are quite broad and generally define "beverage" as a drinkable liquid of any type. However, in our view some of the sources listed in Group A are of questionable authority.
In this regard, we note the source designated Wikipedia which specifically defines bottled water as a beverage. Wikipedia, the Free Encyclopedia (http://en.wikipedia.org), is a computer internet site describing itself as follows:
Wikipedia ... is a multilingual, Web-based, free-content encyclopedia. It is written collaboratively by volunteers with wiki software, meaning articles can be added or changed by nearly anyone.
It appears that the only case in the United States that has ever referenced Wikipedia is a nonpublished/nonciteable California case. See Patel v. Shah, 2004 Cal. App. Unpub. LEXIS 11509, No. G033741, 2004 WL 2930914, (Calif. App. 4 Dist. Dec. 17, 2004). Given the fact that this source is open to virtually anonymous editing by the general public, the expertise of its editors is always in question, and its reliability is indeterminable. [*12] Accordingly, we do not find that it constitutes persuasive authority.
  • M.K. Plastics Corp. v. Rossi, N.E.2d, 2005 WL 3358644 (December 12, 2005) cites Wikipedia: "AutoCAD is computer-aided drawing software for two-and three-dimensional design and drafting. Wikipedia, the free encyclopedia, AutoCAD, at http://en.wikipedia.org/wiki/Autocad (last visited November 17, 2005)."
  • Neeley v. West Orange-Cove Consol. Independent School Dist., S.W.3d, 2005 WL 3116298, (Tex., November 22, 2005) cites Wikipedia on "efficiency": "Wikipedia, the Free Encyclopedia, Efficient, at http://en.wikipedia.org/wiki/Efficient (last visited Oct. 13, 2005) ('Efficiency is the capability of acting or producing effectively with a minimum of waste, expense, or unnecessary effort.')"
  • State v. Kante, (Iowa App., November 23, 2005) cites Wikipedia that "'French is the official language of the Republic of Guinea.' Wikipedia, http://www.en.wikipedia.org/wiki/Guinea"
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2004

  • Patel v. Shah, 2004 WL 2930914, (Nonpublished/Noncitable) (Cal.App. 4 Dist., Dec 17, 2004) cites Wikipedia on "Simple majority": "The trial court pointed out that Patel received more votes for than against of the votes that were counted. This meets a definition of "simple majority." (See, e.g., Wikipedia, the Free Encyclopedia (http://en.wikipedia.org).)"
"Although the threat level was 'elevated' at the time of the protest, to date, the threat level has stood at yellow (elevated) for the majority of its time in existence. It has been raised to orange (high) six times.' Wikipedia, Homeland Security Advisory System, available at http://en.wikipedia.org/wiki/Department_of_Homeland_Security_Advisory_System (last referenced Aug. 16, 2004)."
  • October 15, 2004 - Demmon v. Loudoun County Pub. Schs, 342 F. Supp. 2d 474 (2004) cites Hollywood Walk of Fame
  • In footnote 2 on page 5 of [1], Aug 23, "Defendant/counterclaim-plaintiff IBM's memorandum in support of motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary judgement (oral argument requested)". (Presumably there was previously a motion for permission to file a memorandum with overlength title.)
  • In April 2004, the German Federal Court on Patents (Bundespatentgericht) ruled on the question if the word Explorer can be used as a trademark. One of their sources on the usage of the word explorer was the relevant entry in the german wikipedia. court ruling:
In diesem Zusammenhang hat das gegenständliche Zeichen auch in den deutschen Sprachalltag Einzug gehalten (Wikipedia, Die freie Enyklopädie, Stand: Januar 2004, Stichwort: „EXPLORER“).
In this context the graphic sign has entered the everyday life of the German language (Wikipedia, the free encyclopedia, Status: January 2004, keyword: "EXPLORER"). -- rough translation by Mathias Schindler, edited
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2003

  • Eric Vanatta, Motion on the constitutionality of the word "Fuck". Cites Fuck. [2]
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