legal paranoia (was Re: [WikiEN-l] Encarta article list)

[Phroziac]

Sounds like gaming the system to me though :/

On 8/28/05, Bogdan Giusca (discutii) <disclist at dapyx-soft.com> wrote:
> First, some statistics: we currently have a list of 13,000
> articles, out of 100,000 articles which Britannica has. The list
> began in February 2005 with 28,360 articles.
> 
> A solution for this problem would be hosting the list outside
> the Wikimedia servers and the US, as in some countries (Sweden,
> for example), publishing the list in itself would be fair use and not
> be punishable under copyright infrigement because it does not create
> any loss of profit to Britannica, since nobody buys an encyclopedia
> only for the index.
> 
> Sunday, August 28, 2005, 8:06:01 PM, you wrote:
> 
> D> Case law has consistently held that an index of a work
> D> may be independently subject to copyright.  We are
> D> certainly not using an insubstantial portion of their
> D> index.
> 
> D> I've discussed this here and other places before, but
> D> I do not believe we have a defensible fair use claim
> D> in this case.  Since I have always been on the losing
> D> side of those arguments, I am just surprised something
> D> changed.
> 
> D> -DF
> 
> >> And it seems to me, as we've discussed on here
> >> before, that it would easily fall under the "fair
> >> use" clause. We are using an insubstantial part of
> >> their encyclopedia; we are using it for our own
> >> internal purposes (it is in the Wikipedia
> >> namespace, is it not?); we are non-profit; we are
> >> not claiming copyright; we are not defrauding them >
> D> in any way; we are not even looking at the content >
> D> itself, just bibliographic information.
> >>
> >> FF
> 
> 
> 
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