On 26/03/07, Daniel P. B. Smith <wikipedia2006(a)dpbsmith.com> wrote:
IANAL... IANAIPL.. but I read Slashdot a lot
(isn't that just as
good?) and I don't remember any headlines saying "Supreme court
decides in favor of GPL!" Even the GPL is a bit up in the air.
Er, not really. The FSF say they regularly sort out GPL problems
quietly by starting with the original premise of the license - that
the *default* is all rights reserved, and that you don't have to
accept the license terms, but they're the only thing making it not all
rights reserved. That the GPL hasn't been through court is because
only a bloody idiot would try. (The last bloody idiot to try was
Daniel Wallace, and IBM is now using his tattered legal corpse to beat
SCO, the second-last bloody idiot to try, over the head with.)
The GFDL works the same way. The only thing that gives you the right
to reuse my contributions to Wikipedia is that I've released them
under the GFDL. (I've also dual-licensed my own under any CC-by-sa
licence.) No-one has to accept the licence terms for my work - but if
they reuse it other than under one of the licenses, they are violating
my copyright. Note - not Wikipedia's or Wikimedia's, but *mine*.
Now multiply that by a thousand.
Now, the GFDL... I don't think there's any
really big, important
project _except_ Wikipedia, and I don't think Wikipedia has ever
engaged in any lawsuits in which the GFDL played any kind of role
whatsoever. The GFDL is so legally puzzling that Wikipedia itself
can't give nice, simple, crystal-clear rules on how to re-use
Wikipedia content. Nobody understand what the attribution and history
rules really mean and what does or does not satisfy them in practice.
And none of what anyone thinks they might understand has ever been
tested in court.
I think the cut'n'paste planned is pretty bloody blatant.
Who the heck is going to sue Citizendium? Nobody has a
big stake in
their Wikipedia contributions. There's no money involved. And so many
of the issues involve other licenses being _less_ free than GFDL.
Someone pissed off enough. For one, there's the DMCA to apply.
If you strike the hornet's nest, you get to negotiate with each hornet
individually.
The only way this can ever be a problem is if Jimbo
decides to have
Wikipedia sue Citizendium based on ego and personal spite, and I
don't think he's that spiteful, and I'm not sure he could convince
the Wikimedia Foundation to do it.
And by golly if I ever see a banner saying "Wikimedia needs your
contribution to fund its continuing legal struggle against
Citizendium" you can't expect much in the way of contributions from
_me._
You appear to be under the impression the copyright in question is
Wikipedia's or Wikimedia's. It's not - they own hardly any of the
stuff on the sites.
- d.