RIght, WMF is not the copyright holder of articles as
Free Software
Foundation is not of GPLed source codes.
Though WMF could give legal help for a Wikipedian to file a law suit or WMF
could be an agent for the Wikipedian,
WMF need to approach Baidu to discuss about attribution. I don't think Baidu
has so much difficulties to do it.
Cheol
2011/4/19 Thomas Dalton<thomas.dalton(a)gmail.com>
2011/4/19 Dana
Lutenegger<dana.lutenegger(a)gmail.com>om>:
Actually, I'm pretty sure that on paper,
Chinese law forbids this kind of
copying without attribution. The issue is whether or not it can be
enforced
in practice. If it was strictly enforced, a lot
of Baidu Baike and Hudong
Wiki would have to be seriously retooled, so I doubt it. However, there
have
been recent cases in which copyright infringement
claims have been upheld
by
Chinese courts, such as the infamous
"Starbuck" coffee chain in Shanghai.
I
think that our legal counsel should at least be
in touch with Baidu on
this,
and perhaps try to get them to take down the
material, attribute it
properly, or agree to the donation or apology letter ideas.
The Starbuck case
would be trademark infringement, not copyright, so
isn't a particularly useful precedent. I believe China has similar
copyright laws to the rest of the world, though (our article says they
have signed several international agreements on the subject:
http://en.wikipedia.org/wiki/Intellectual_property_in_the_People%27s_Republ…
).
Keep in mind, the WMF isn't the copyright holder, so there is a limit
to what the WMF's legal counsel can do. He could have a quiet word,
though, which could help.
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