On 10/01/11 5:36 AM, Anthony wrote:
On Sat, Oct 1, 2011 at 6:44 AM, Elias Gabriel Amaral
In practical terms, what they can do? Wikipedia
is hosted in US.
Therefore, for a successful takedown, the museum must sue in US.
Well, for one
thing, they could sue reusers.
WMF using the work is one thing. WMF telling the rest of the world
that the work is public domain and anyone can use it for any purpose
without permission, is another.
The people who really feel offended by the Israel Museum's claim would
do best to accept responsibility for their claims. Given the nature of
the work there is perhaps a little more skill to these scans than was
the case for NPG portraits. I don't know how a court decision would turn
out. I am certainly not confident enough to pursue this myself, nor
would I want to do it for material I don't understand.
Anyone who simply feels that these scans should be freely available can
simply put them up on his own site in whatever country he wants, and
wait for the lawsuit to happen or not happen. There are some areas
where I feel that Wikimedia policies about copyright are wrong, and even
paranoid, but I would be wrong to insist that any WMF project host them
unless I am ready to defend a legal action against a site that I fully
own and control. That's what being responsible is about.