On 5/6/07, James Farrar <james.farrar(a)gmail.com> wrote:
On 06/05/07, Andrew Lih <andrew.lih(a)gmail.com>
wrote:
This is where things can get mixed up easily. You
may be referring to
the "DMCA takedown" as usually referenced when it comes to copyrighted
content. And there is a strict procedure specified in the OCILLA:
http://en.wikipedia.org/wiki/OCILLA#Take_down_and_put_back_provisions
The probelm with "the key" is that it's not a copyright issue -- it's
the matter of it being part of circumvention. So in that case, it is
not "safe harbor" that is an issue.
OK, fine. But surely the first step before a lawsuit would be the
sending of a cease and desist letter to the Foundation -- without a
C&D, the WMF is *officially* unaware of any potential objection to the
inclusion of the key within the encyclopaedia.
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Generally, the sending of a cease-and-desist precedes any legal
proceedings that involve something ongoing. Judges don't particularly
like to see cases on their (very full) dockets where someone hasn't
even tried to work it out without going to court.
--
Freedom is the right to know that 2+2=4. From this all else follows.