Fred Bauder wrote:
We need to especially follow our own "laws", Wikipedia terms of use, our own bylaw. Definitely copyright law which all members need to learn and respect for the welfare of the project. Since we are not copyright experts we need to make conservative interpretations.
With respect to real world law in general, we need to use common sense. For example, in Colorado, it is slander to speak ill of the dead. Unconstitutional but on the books last I heard.
The common sense approach should apply in all cases. Following a law just because it is on the books is silly, as the Colorado example plainly shows. The spirit of the laws is far more important than the letter of the law.
Respect for copyright law does not mean taking it to the point of putting ourselves at extreme disadvantage. If in a given situation two interpretations are reasonably available there is nothing wrong with opting for the more favorable one. An ISP does have the duty to remove clear copyright violations when he finds them without being notified. If there are reasonable doubts about the violation it should stay until there is a direct complaint by an authorized person; at that point there will be plenty of time for review.
I also follow the principle that there is no copyright unless someone exists to own it.
Ec