On Fri, Jun 13, 2008 at 1:39 PM, Dan Rosenthal swatjester@gmail.com wrote:
If they (the contributor) were, or should have been on notice that the material came from Wikipedia or was under a free license, there may not be an offer/acceptance issue (Baidupedia knows or reasonably should know that they are violating the license, and if the contributor knows or should know it too, then the contract is not void for lack of acceptance, though it may be void for other reasons).
We can't assume that they were or should have been on notice.
Baidupedia is, but their users aren't necessarily.
Another concern is then if the new derivative is not under the GFDL, does that give rise to copyright infringement? Or does the old content divorce itself from the new content?
We've always thought in terms of "What if a static source uses our content without attribution" but how do things change when it is a collaborative or dynamic site that uses our content without attribution?
Right, this opens up a whole can of worms.
Pushing Baidu to fix it, from the top down and correctly, is sort of important.