JT wrote:
Does this mean that wikipedians outside the US can break their own native copyright rules when loading something onto wiki and are covered because of US law?
If something is illegal to upload in the nation you live in, then it is your choice on whether or not to break your laws; you are the one that will end up fined or in jail if you get caught. But what is legal to have on the Wikimedia server is a separate issue and only the laws of the United States and California apply to that. But IANAL so what do I know....
Or would the presumption be that as they had broken native copyright rules in scanning or copying the image, they or wiki would be liable in their country?
Which "wiki" are you talking about here? I know this may be shocking to you but even in the Wikimedia family there are 4 different wiki projects and one of those projects has at least 40 different versions; each of these are also their own wiki in a technical sense.
Wikipedia is not the only wiki.
-- Daniel Mayer (aka mav)