In a message dated 6/2/2010 1:09:49 PM Pacific Daylight Time, mnemonic@gmail.com writes:
Please understand that if you have problems with French copyright law, there's nothing I can do about that from here in California. >>
It's not about what you cannot do, it's about what you CAN do. In light of the evidence that some of the works are in the public domain in France, are you willing to stop taking down the material? That's the real issue here.
We can simply repost the material, but it's moot, if you're going to keep taking it down.
W.J.
On Wed, Jun 2, 2010 at 1:45 PM, WJhonson@aol.com wrote:
It's not about what you cannot do, it's about what you CAN do. In light of the evidence that some of the works are in the public domain in France, are you willing to stop taking down the material? That's the real issue here.
We can simply repost the material, but it's moot, if you're going to keep taking it down.
Actually, you misunderstand the law of copyright notice-and-takedown. If you repost the content, compliant with applicable notice-and-takedown law, and accompany the reposting with a sworn affidavit that you have the right to repost it, we won't take it down.
Please be advised that I can't be your lawyer in this matter -- I represent WMF -- but I am certain that any lawyer you retained would advise you how to go about reposting material removed pursuant to a formally correct takedown notice (which is what we received).
It's really, really helpful to me if, prior to recommending what WMF should do in response to a takedown notice, you familiarize yourself with the relevant law. If you had done so in this instance, you would know already that we're not "going to keep taking it down."
--Mike
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