Hi,

El mar., 31 mar. 2020 a las 20:42, Martin Urbanec (martin.urbanec@wikimedia.cz) escribió:

Hi,

what do we do in cases when a wiki has local upload enabled, but no EDP listed at https://meta.wikimedia.org/wiki/Non-free_content? I'm talking about siwiki now.

According to WMF Board's licensing policy https://foundation.wikimedia.org/wiki/Resolution:Licensing_policy, each project hosting non-free content must have an EDP which describes under which cases the non-free content can be used, and which conforms to both local and US copyright laws.

See https://meta.wikimedia.org/wiki/Steward_requests/Miscellaneous#Copyvio_and_o... and https://si.wikipedia.org/wiki/Wikipedia:Village_pump_(miscellaneous)#Admin_a... for context.

Thanks,

Martin

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This opinion is based on what has been said in the Meta-Wiki thread you linked, only.

I'd say that if there's a wiki where local uploading is being used in a manner not compatible with the copyright policies, it ought to be disabled.

I have *not* looked at the siwiki case closely but if the allegations posted on Meta were true (site is full of copyrighted non-free files, no EDP, the community is unable/unwilling to comply with copyright), I'd say it'd be justified to restrict or disable local uploads until unless the community understands copyright basics and the local files are reviewed and checked in order to delete at least the most obvious copyright infringements. I am not sure who can "order" or "approve" such an action.

An EDP is only required if you need to upload non-free content, which must be kept minimal.

What to do with the already-uploaded files would be the next question. If I understand rightly, the WMF won't be involved in any kind of review unless they receive DMCA takedown letters from the copyright holders or their agents. Otherwise if the WMF actively patrolled user-generated content they'd loose the so-called "safe harbour" protections. But on the other hand I am not sure if the Foundation can "turn a blind eye" --so to speak-- if they know there's a website they own full of infringing materials, and the community that should be taking care of its regular maintenance is not doing anything about it, or contributing to worsen the problem.

Best regards, M.