Gregory Maxwell wrote:
On 5/3/07, Ray Saintonge saintonge@telus.net wrote:
making unilateral determinations of what is and is not illegal. It can suggest to a community that given content may be clearly illegal, but in the absence of a proper legal demand it remains up to that community itself to take the action it deems fit.
It sound like you're saying the foundation should always "wait for the takedown" even if it knows for sure that material is illegal. Bad advice. Actual knowledge of infringement removes the safe harbor for copyright infringement under OCILLA. What actually constitutes actual knowledge may be debatable... but that doesn't appear to be accounted for in your suggestion.
What constitutes actual knowledge is indeed highly debatable. What we should be very much avoiding is the word of third parties with no connection to the work.
Ec