On Wed, Jun 2, 2010 at 1:45 PM, <WJhonson(a)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