On 7/14/06, Robert Scott Horning <robert_horning(a)netzero.net> wrote:
Anthony wrote:
I presume
that with "optionally" you are referring to WMF retaining the
option to sue or not sue based on the circumstances of the situation,
and not that each editor has an option about naming WMF as agent ...
sometimes. The alternative would only create more confusion when the
WMF's right to pursue the matter comes up. On the other hand, it would
be ridiculous to demand that WMF pursue with vigour every bit of
perceived copyvio.
What I'm saying is that if the WMF requires me to give it the right to
enter into copyright lawsuits on my behalf, I won't ever contribute
anything to Wikipedia or any of the other projects again. (I suppose
I'd make an exception for those things that I'm willing to give to the
public domain).
I don't want the WMF to have the option to sue or not sue based on the
circumstances of the situation. I obviously can't stop others from
giving them this right, but I won't give it to them for my own
content.
Anthony
I hope that you are correct and I am wrong in a concern about the lack
of a copyright over Wikimedia project content by the WMF. I can't
possibly envision all of the situations that real life might bring up,
and I've seen over the years too many unusual situations to be able to
even predict just what might be an issue in the future that would
require a WMF copyright claim on project content. It just seems as
though the dismissal of claim of copyright hasn't been completely
thought through, nor is this denial of claim formal either.
What I am suggesting is that if the WMF has a copyright claim on project
content (not necessarily exclusive claim, which is a different issue),
there are both good and bad legal points to be made about what the
consequences of that copyright claim might be, as is also the case of a
denial of copyright claim entirely.
Actually, I think the WMF most likely *does* have its own independent
claim of copyright on project content, which is why I have asked them
to formally and explicity disclaim any such interest (assuming Danny
is correct that they don't want it). But any lawsuits the WMF enters
into on its own behalf would, I think (IANAL), require the WMF to have
its own independent standing. Now this is complicated by the fact
that the GFDL has that (annoying, IMO) automatic termination clause
(section 9), but I would like to think that a judge wouldn't let the
WMF sue me because I, for instance, left out User:Wik from an author
list.
Anyway, my content, which I contribute, is copyrighted by me, and if
someone takes only that content and no one elses than I only I have
the right to sue over the "misuse" of it. If someone wants to take my
content (and the content of others like me) and use it in a CC-by-SA
work, for instance, I'm not going to sue them, even though that
technically violates the GFDL. Presumably the WMF wouldn't sue them
either, but I can imagine situations in which the WMF would be likely
to sue and I wouldn't. If the WMF does have a copyright interest in
Wikipedia, it is likely quite easy to separate out those parts and
still use the rest, at least for something on the level of a small
subset of the overall collection.
Anthony
Often some organizations will
assume liability on behalf of their members, especially volunteers, for
official activities of that organization. The American Red Cross and
the Boy Scouts of America are two organizations I know of that do this
for their volunteers. As a volunteer scouter, if I get sued because of
my activities when involved with working with youth, the Boy Scouts will
have their legal representatives consult with me over the situation and
defend me in court. There are official policies and such that must be
followed, and I have to convince them that I was following those
polices, but the safty net is there to help me volunteer. I don't know
how far the WMF would go to defend project contributors who are acting
in good faith and follow project and WMF policies to the best of their
ability. I hope I never find out.
--
Robert Scott Horning