[Foundation-l] Commons and The Year of the Picture

[Sam Johnston]

Gerard,
I find your response (which fails to address the issues I have raised)
abrasive bordering on offensive. I also note that this will not be the first
time *today* that someone has requested that you tone it down. What is clear
though is that we have a snowflake's chance in hell of convincing you there
is a problem, so I'm going to add you to a large (and growing) list of
trolls and ignore your 'contributions' from now on.

Presumably WMF has lawyer(s) somewhere. What would be the process of getting
them to take a look at this with a view to having the French chapter put
into place the requisite disclaimers?

Sam

Lennart: Illegal content results in individuals being pursued, arrested and
charged and snarky articles being written by old media, not outrageous
(albeit largely unjustified) claims for damages (and leverage via commercial
third parties):

http://arstechnica.com/tech-policy/news/2008/01/statutory-damages-not-high-enough.ars

On Wed, Jan 28, 2009 at 1:46 PM, Gerard Meijssen
<gerard.meijssen at gmail.com>wrote:

> Hoi,
> What WMF server allows anonymous uploads of images ? Do you know if this
> makes any difference any way ? Who do you think you get an invoice from? Not
> the WMF not its chapters. So please THINK
>
> Why bother us with such tripe that is irrelevant to the thread anyway ?
> Thanks,
>         GerardM
>
> 2009/1/28 Sam Johnston <samj at samj.net>
>
>> On Wed, Jan 28, 2009 at 1:21 PM, Andrew Gray <andrew.gray at dunelm.org.uk
>> >wrote:
>>
>> > 2009/1/28 Sam Johnston <samj at samj.net>:
>> >
>> > >> Material in the public domain or under a fully free licence does not
>> > >> require any kind of fair use consideration.
>> > >
>> > > I'm not talking about genuinely free material, I'm talking about
>> > protected
>> > > (copyrighted/trademarked) material being uploaded by others - for
>> example
>> > a
>> > > periodic table of elements or medical charts which would normally be
>> > subject
>> > > to deletion (except that they are currently immediately available for
>> > > sale!).
>> >
>> > I'm a little confused - surely we would delete this stuff whether or
>> > not there's a "buy a print now" clickthrough button? I can't see
>> > anyone arguing to keep it because they want to run off a poster...
>> >
>> > (and to a degree this is rendered moot by that helpful "lowest useful
>> > resolution" requirement of the unfree material rules)
>> >
>>
>> 1. Upload high-resolution copyrighted image littered with trademarks as
>> anonymous user.
>> 2. Immediately order poster of said image.
>> 3. File against WMF, its chapter(s) and the printer for good measure
>> claiming [RI|MP]AA sized damages for copyright and trademark infringement,
>> submitting said poster(s) and invoice(s) as evidence.
>> 4. ???
>> 5. Profit!
>>
>> Note that these steps need not necessarily be completed by the same
>> parties.
>> I'm not sure that the courts would have much leeway here (as they might
>> were
>> the image not used commercially as was the case before this function was
>> launched).
>>
>> Sam
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>
>