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Patricia Rodrigues wrote:
3) Administrators and/or OTRS personnel receiving
take-down orders. What should they do? Contact our designated agent (Mike Godwin/Sue
Gardner)? The legal counselor (Mike Godwin)? Ignore such orders and show them {{PD-Art}},
stating we can't do anything because it's against policy? Even if that means
ignoring local legislation? (in "local" here I mean where these people are
physically located - do they become liable for not taking down such content when prompted
to?)
*"We're teaching the world to free up content" - by breaking/ignoring local
laws? Again, I question the methods. Why are we then accepting the lack of Freedom of
panorama in the USA, or even following USA's interpretation of the Rule of the shorter
term? These are also limitations to freedom of use, and on Commons we accept media from
other countries that are not following strictly USA's interpretations on these
matters... are we doing wrong? Should we start choosing which laws we deem
"stupid" (I actually read this term on the discussion about changing PD-Art) and
ignore them, regardless of them being US laws or not? This is not a rhetorical question.
So, I'm afraid that some things have not been really clarified... but the main one
is: which copyright laws must/should Commons follow, in order to be absolutely compatible
with WMF's values and licensing policies? Because the Board resolution from 2007 is
not including Commons. Are we in a legal vacuum?
Actually, any take-down orders (DMCA or otherwise legal) should be sent
directly to the foundation office as designated agent (via email, fax or
mail) for handling.
- --
Cary Bass
Volunteer Coordinator
Your continued donations keep Wikipedia running! Support the Wikimedia
Foundation today:
http://donate.wikimedia.org
Wikimedia Foundation, Inc.
Phone: 415.839.6885 x 601
Fax: 415.882.0495
E-Mail: cary(a)wikimedia.org
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