On Thu, 26 Jun 2014, geni wrote:
On 26 June 2014 11:22, Gerard Meijssen
<gerard.meijssen(a)gmail.com> wrote:
Hoi,
I heard it the first time and it does not hold water. For me this argument
is in between splitting hairs and sophistry.
Thanks,
GerardM
Can you provide any statute or caselaw to support that assertion?
--
geni
THIS is the crux of the issue. You are insisting on statue or caselaw to
prove that these files are Free beyond ALL conceivable doubt because the
copyright outside Israel is legally ambiguous but in practice any
copyright that may or may not exist is extremely unlikely to be enforced.
The Wikimedia Foundation lawyers have said that it is OK to host, and the
majority of people complaining about Commons want Commons to host, files
that are free beyond reasonable doubt unless and until a _valid_ takedown
request is received that removes the doubt.
In the Israeli example, the positions can be summed up as:
Israeli government: We don't hold copyright on these images
Commons admins: You haven't explicitly disclaimed copyright outside
Israel, we demand that you do.
Reasonable people: Only the copyright holder can disclaim copyright, the
Israeli government say they do not hold copyright and so cannot disclaim
it.
Commons admins: You're wrong, now go away and get teh Israli government to
disclaim the copyright they say they don't have.
Reasonable people: But they can't!
Commons admins: We say they can, so they must be able to.
*Repeat*
----
Chris McKenna
cmckenna(a)sucs.org
www.sucs.org/~cmckenna
The essential things in life are seen not with the eyes,
but with the heart
Antoine de Saint Exupery