Suppose Bob and Terry Jones own the domain
example.org, and are going to start a website called
ExamplePedia. It will be a lot like Wikipedia: a non-profit, web 2.0 site, hosting collaboratively edited informational content, for the public good.
Since the Wikimedia ToS is available under cc-by-sa, it makes sense for Bob and Terry to copy it and make appropriate substitutions. But how?
Wikimedia's ToS explains that
"we" or "us" will refer to the Wikimedia Foundation, Inc.
What do Bob and Terry put here? It seems like there are a few options:
(1) "we" or "us" will refer to Bob and Terry Jones
(2) "we" or "us" will refer to example.org
(3) "we" or "us" will refer to ExamplePedia
Or maybe Bob and Terry should form a proper legal entity, like
ExampleWorks, LLC, and use
(4) "we" or "us" will refer to ExampleWorks, LLC
Now suppose something posted on ExamplePedia infringed copyright and the copyright owner wanted to sue.
Would (1) would leave Bob and Terry personally liable, even though the ToS clearly states that they only host the content, and the users are responsible for it?
Options (2) and (3) sound nice, but are they in any way legitimate? Surely
ExamplePedia don't become real legal entities, just because Bob and Terry own the domain name, and call their website a certain thing...or do they?
Is (4) the only way to actually limit liability?