http://creativecommons.org/weblog/entry/28644
FLAWLESS VICTORY! [*]
- d.
[*] I expect Geni to be along in a moment picking holes in this statement.
On Thu, Sep 15, 2011 at 9:18 PM, David Gerard dgerard@gmail.com wrote:
http://creativecommons.org/weblog/entry/28644
FLAWLESS VICTORY! [*]
Well done to Nina Gerlach, Till Jaeger and the others involved n the process for the success so far (I remember Matthias talking about the possibilitiy of proceedings at the GLAM-WIKI Conference last November)
The judgement is a preliminary injunction prior to a hearing. Presumably the respondents will present a case at the hearing - do we know if they will present arguments that the CC-By-SA license is somehow unenforceable? However, the description of the injunction does suggest that the court would take some persuading that the plaintiff's rights have not been infringed....
Chris (User:The Land)
On 15 September 2011 23:22, Chris Keating chriskeatingwiki@gmail.com wrote:
The judgement is a preliminary injunction prior to a hearing. Presumably the respondents will present a case at the hearing - do we know if they will present arguments that the CC-By-SA license is somehow unenforceable? However, the description of the injunction does suggest that the court would take some persuading that the plaintiff's rights have not been infringed....
Note that Germany was the first country where the GPL was upheld in court against an infringer. That combined with this suggests the court system there is friendly to licenses meaning what they say.
- d.
On Fri, Sep 16, 2011 at 1:31 AM, David Gerard dgerard@gmail.com wrote:
On 15 September 2011 23:22, Chris Keating chriskeatingwiki@gmail.com wrote:
The judgement is a preliminary injunction prior to a hearing. Presumably the respondents will present a case at the hearing - do we know if they will present arguments that the CC-By-SA license is somehow unenforceable? However, the description of the injunction does suggest that the court would take some persuading that the plaintiff's rights have not been infringed....
Note that Germany was the first country where the GPL was upheld in court against an infringer. That combined with this suggests the court system there is friendly to licenses meaning what they say.
Too bad Wikimedia TOS still labors under the misapprehension that the licence doesn't mean what it says.
On Fri, Sep 16, 2011 at 11:41 PM, Jussi-Ville Heiskanen cimonavaro@gmail.com wrote:
Too bad Wikimedia TOS still labors under the misapprehension that the licence doesn't mean what it says.
Can you be specific, to make this into actionable feedback?
On Fri, Sep 16, 2011 at 5:24 PM, Andrew Garrett agarrett@wikimedia.org wrote:
On Fri, Sep 16, 2011 at 11:41 PM, Jussi-Ville Heiskanen cimonavaro@gmail.com wrote:
Too bad Wikimedia TOS still labors under the misapprehension that the licence doesn't mean what it says.
Can you be specific, to make this into actionable feedback?
Well, since you insist.
Though it doesn't really matter if it is true that the letter of the licence can be upheld. The Wikimedia TOS would lose quite clearly.
There is a metric ton of discussion about this very subject on the mailing list, around the time we migrated from GFDL to a CC licence. I don't expect your memory to reach that far, and definitely don't expect you to go digging into that pile of *expletive*. I sure wouldn't. The skinny is that despite a good few people arguing that the TOS can not exact more onerous terms of attribution than the licence itself stated in text, the TOS as it currently stands, does require onerous attribution to Wikimedia of a type which Wikimedia does not itself adhere to upstream.
It is a bit technical. Really rather not go over that again. But it is a fact.
OBJECTION! Not enough Phoenix Wright references! :p
Indeed people often are discouraged from uploading images with a free license over fears of attribution. This is a nice step in the right direction. Congratulations!
-- とある白い猫 (To Aru Shiroi Neko)
On Thu, Sep 15, 2011 at 22:18, David Gerard dgerard@gmail.com wrote:
http://creativecommons.org/weblog/entry/28644
FLAWLESS VICTORY! [*]
- d.
[*] I expect Geni to be along in a moment picking holes in this statement.
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