[WikiEN-l] Uploading images should be a privilige, not a right

[Mark Wagner]

On 7/21/06, Anthony <wikilegal at inbox.org> wrote:
> On 7/21/06, Stan Shebs <shebs at apple.com> wrote:
> > If you have a suggestion that doesn't involve large numbers of
> > nonexistent volunteers working all hours to keep WP out of
> > legal peril, feel free to enlighten us.
> >
> Here's one: when people send in a DMCA takedown notice, remove the
> material, notify the uploader that her materials have been removed
> (via their talk page and email if the address is known), and provide
> them with an opportunity to send a written notice to the service
> provider stating that the material has been wrongly removed.  If the
> uploader provides a proper "counter-notice" claiming that the material
> does not infringe copyrights, then promptly notify the claiming party
> of the individual's objection.  However, only restore the image if
> there is also a consensus that the image is "free enough" within the
> project's guidelines.

Or in other words, stick our heads in the ground and pray that
everyone opens fire with a takedown notice rather than a lawsuit.
Even if the law protects Wikipedia from liability when a user
infringes copyright, that still needs to be proven in front of a
judge, and even an immediate dismissal requires thousands of dollars
in lawyers' fees.

-- 
Mark
[[User:Carnildo]]