Andre Engels wrote:
2007/1/28, Jeffrey V. Merkey jmerkey@wolfmountaingroup.com:
All it takes is one lawsuit from someone who is upset at the images being used, and the money from the last fund drive could get used up in legal fees pretty durn fast. If someone object to images being used, then TAKE THEM OFF THE SITE, Fair use argments are not. I recall my interactions on en.wikipedia with people using copyrighted materials and some of the debates I had there.
Bottom line, these anonymus editors are not the people who will get nailed. The foundation will be the ones who get served and Brad will have to hire a law firm to defend the Foundation. It's pretty simple -- if someone who owns th images does not want them used, then do not use them.
But what if there is no such request? Should we keep everything on the site until we get a request to take it down? Or should we only put things on that are as free as our own texts? Or something somewhere in between? That's what the issue is about.
Doctrine of Esstoppel. Someone puts something up fair use and the owner does not complain, then should be no big deal (though the law says they have to have gotten some sort of notice or discovered its use before the statute of limitation time clock starts ticking).
If someone goes to the trouble of sending a notice to take it down, then it should be addressed, apart from what yould be obvious misuse of someone else's materials.
Jeff