[Foundation-l] Fair use being badly abused on en.wikipedia

Thomas Dalton thomas.dalton at gmail.com
Mon Jan 7 20:17:55 UTC 2008


On 07/01/2008, Brian Hammer <hammersoft123 at gmail.com> wrote:
> On Jan 7, 2008 2:03 PM, Thomas Dalton <thomas.dalton at gmail.com> wrote:
>
> > When assessing risk, you need to consider not only the cost of
> > something going wrong (in this case, clearly quite high), but also the
> > chance of it happening. How far would a policy of complying with all
> > but the most outrageous cease and desist notices go towards reducing
> > that chance? In other words, would be a good idea to not worry about
> > the borderline fair use cases until someone complains? What's the
> > chance of us ending up in court even after removing the image in
> > question?
>
>
> "They would never sue!" is a very poor position to take.

That's why I'm not taking that position. I'm taking the position that
"They would almost never sue!", there is a big difference. Even then,
that's not my main point. My main point is that even if they do sue
(or, at least, complain), then we can always just remove the image at
that point. I don't know if that would be enough, which I why I'm
asking Mike (who, hopefully, will know).



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