Obligatory: I'm not a lawyer (or an expert) but did try to poke around a bit for you.
On Thu, Jun 3, 2010 at 12:18 AM, Yann Forget yannfo@gmail.com wrote:
1. Did Gallimard send a lawsuit? If yes, the Wikisource community, and
probably many other contributors might be interested to know about it. If not, how long do we have to wait before restoring the deleted works?
From what I understand they only sent the Cease and Desist letter. My
understanding of the law and Mike is that by following through with that letter they greatly protect themselves from any future lawsuit because they did so (even if you file a counter-notice and reupload, and they don't re-delete it).
2. Is there on-going negotiations with Gallimard?
There were some but not anymore according to him in another email (I assume you'll probably see that before I send this...) I think the problem now is that by releasing the content of those you can make it less likely future groups will negotiate because they know you may release it.
- I am not sure I understand the process you mention in another mail
about reposting the content, compliant with applicable notice-and-takedown law. Someone else might also be able to explain that.
After poking around a bit both
http://www.chillingeffects.org/keyword.cgi?KeywordID=88 (which has some nice examples) and http://www.newmediarights.org/guide/legal/copyright/dmca/Step_4_assessing_th... may be good places to start. Actually that is the last part in a for part article that actually looks like it would be very helpful reading on the topic (I haven't read it all yet but looks good so far).
Basically the idea is that if you send a letter to the WMF saying that you do indeed have the right to upload "such and such" and the company was mistaken in requesting it's removal (I believe you have to copy in the sender of the take down notice as well but I don't see it in every example I've seen). Once the WMF receives that they are under no obligation to remove the content anymore (again, I think).
James Alexander james.alexander@rochester.edu jamesofur@gmail.com