[WikiEN-l] More fair use image overreaching

[George Herbert]

On Mon, Mar 3, 2008 at 9:42 AM, Betacommand <Betacommand at gmail.com> wrote:

>   10. it only takes one greedy lawyer to shut down the Wikimedia
>   Foundation, lawyers are not required to send a takedown notice. they can
>   just sue you for everything you have.
>

http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

The Wikimedia Foundation almost certainly qualifies as a service provider,
as we don't generate the content (editors do).

Someone can just sue without a takedown - Under DMCA, however, if you're
plausibly a service provider, and you didn't get a takedown notice, you
generally can just take it down and file for summary judgement under DMCA
and win and get fees,  so no plaintiffs' attorney would realistically do so.


-- 
-george william herbert
george.herbert at gmail.com