On 5/3/07, Ray Saintonge <saintonge(a)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