On Wed, Jun 2, 2010 at 3:04 PM, Mike Godwin <mnemonic(a)gmail.com> wrote:
Gerard writes:
Hoi,
When I read: "Wikisource content in the
French language targets the French
public, and therefore, under French conflict of laws principles, the
copyright law of France applies to this content." I do read the French
public. Wikisource does not target the French public per se.
I agree with you about this. Unfortunately, that turns out to be an
inadequate argument when it comes to justifying noncompliance with a
takedown notice.
We consulted with French counsel on the question of compliance, and neither
they nor we believed there was a strong probability that French court would
invalidate the takedown notice on the grounds that Wikisource does not
target the French public in particular.
The appropriate response to this might be a Quebec Wikisource project
(or, pick another French-speaking location, with a very non-French
copyright policy which is more friendly to us in this circumstance).
--
-george william herbert
george.herbert(a)gmail.com