If they don't have legal resources, then it is pointless to use NC ND for
the content, as they will not be suing anyone that ignores the license and
commercializes it anyway.
If such knowledge can't be freely shared, then it has no place in Commons,
in my opinion. If that makes it less visible, then that is the problem of
the communities that don't share it freely. One cannot have both things at
the same time. If it is notable, we may try to accommodate it in some
projects that allow that kind of content under an exception policy.
In any case, I don't believe it is in Wikimedia scope to worry about the
possible misuses people can do of the content we provide, and much less to
subvert our license policy in order to avoid stuff we should not be worried
with in first place.
Best,
Paulo
A quarta, 14 de ago de 2019, 23:27, Lucas Werkmeister <
mail(a)lucaswerkmeister.de> escreveu:
I doubt that the communities in question are likely to
have the same
legal resources available to them as The Coca-Cola Company, so I must
admit I don’t find this argument entirely convincing. Asking them to
share their content, but then leaving them alone in the face of any
problems arising from it, sounds more like reinforcing the status quo
than promoting knowledge equity to me. And note that the law may not be
written in their favor in the first place, so suggesting them to “secure
their concerns in a legal way” may require a lengthy legislative process
first, with uncertain outcome.
(I must admit that I haven’t yet read the articles linked in the draft,
so this email is phrased rather vaguely. I hope it still makes sense.)
Cheers,
Lucas
On 14.08.19 23:51, Paulo Santos Perneta wrote:
All this stuff about misappropriation and
unwanted commercial use of
certain content which is being used to justify the inclusion of NC/ND CC
licenses in Commons and other Wikimedia projects, really isn't Wikimedia
concern. If some communities object to certain types of use on content
produced by them, they should secure them in the law, same way as
personal
image rights, trademarks, etc. No one at Commons
cares if the Coca-Cola
logo we host there, which is both PD-old and PD-textlogo, is misused by
3rd
parties to sell some other cola beverage as if it
was the original one.
That's Coca Cola concern, not ours, and they are absolutely free to sue
the
infractor. If those communities object to certain
uses, first they secure
their concerns in a legal way, then act upon it. As it is now, anyone who
get access to that content in a legal way and wants to share it, can do
it
freely at Commons, and nobody at Commons is going
to delete it just
because
some other people, which have not any legal right
over that content,
claim
that using it commercially is against their
beliefs or traditions.
Paulo
geni <geniice(a)gmail.com> escreveu no dia quarta, 14/08/2019 à(s) 22:22:
> On Mon, 12 Aug 2019 at 21:34, Aron Manning <aronmanning5(a)gmail.com>
wrote:
.
> The draft already refers to 2 articles (1
> <https://www.nytimes.com/2019/03/20/us/slave-photographs-harvard.html
,2
>> <
>
https://www.lexology.com/library/detail.aspx?g=c0043945-852b-4d7e-94ad-1859…
>> )
>> that explain the need for ND. I'll ask for further sources that show
the
benefits of NC and ND licensed materials.
Aron
1 refers to images that are public domain in terms of copyright and
the latter is mostly talking about trademark or stuff so broad that
you couldn't usefuly copyright it in the first place. ND isn't a
useful protection in these cases (it might be of some use for current
individual artists but they can publish their work elsewhere).
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