Friends, it took me a month to join forces and get the courage to write the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA), and the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses the username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper which he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In the email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was bothered with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the Wiki Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São Paulo (CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the texts sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish it, accuses us of not giving the due credits in the work and implies that we would have copied the content from another conference, prior to CCBWIKI, where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not only was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his name did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I did not even know of the existence of Intercom conference, where I now know that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously opt for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in key moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order to request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety and the Legal Team. Both were sympathetic, but the WMF's legal support policies provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications of the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded that the best way to defend myself would be to publicize the ongoing persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just couldn’t do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even a member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done by users like him. But this time I won’t shut up! The destructive behavior of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally threaten members of the Wikimedia community is receiving money from our movement to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way by the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal world. I call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação Brasil group, and that it immediately stops pursuing free-culture movements in Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi%C3... https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access to the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/Events/Congresso_... https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi%C3... https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi
To all on the list, *this is characterization is filled with obvious lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of another user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was on more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of actually using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a public facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly invalid for several reasons, one being he did not have one from the co-authors of the work. Even if he did, Brazilian law supersedes it and clearly states that the author has the inalienable moral right to revoke any license and remove from circulation in any form when the use represents an affront to his image or reputation.[3] That Henrique confesses that he, and the user banned from interacting with myself or Joalpe, knew that license was not given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade henriquedeandrade@gmail.com:
Friends, it took me a month to join forces and get the courage to write the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA), and the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses the username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper which he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In the email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was bothered with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the Wiki Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São Paulo (CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the texts sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish it, accuses us of not giving the due credits in the work and implies that we would have copied the content from another conference, prior to CCBWIKI, where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not only was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his name did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I did not even know of the existence of Intercom conference, where I now know that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously opt for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in key moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order to request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety and the Legal Team. Both were sympathetic, but the WMF's legal support policies provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications of the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded that the best way to defend myself would be to publicize the ongoing persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just couldn’t do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even a member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done by users like him. But this time I won’t shut up! The destructive behavior of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally threaten members of the Wikimedia community is receiving money from our movement to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way by the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal world. I call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação Brasil group, and that it immediately stops pursuing free-culture movements in Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a- justiça-americana-para-tirar-site-wiki-brasil-do-ar <https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access to the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_ Brazil/Events/Congresso_Científico_Brasileiro_da_ Wikipédia/2016#Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_ Brazil/Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a- justiça-americana-para-tirar-site-wiki-brasil-do-ar <https://www.change.org/p/reitor-da-usp-pare-imediatamente-de-usar-a-justi
Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/ wiki/Mailing_lists/Guidelines and https://meta.wikimedia.org/ wiki/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of another user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was on more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of actually using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a public facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly invalid for several reasons, one being he did not have one from the co-authors of the work. Even if he did, Brazilian law supersedes it and clearly states that the author has the inalienable moral right to revoke any license and remove from circulation in any form when the use represents an affront to his image or reputation.[3] That Henrique confesses that he, and the user banned from interacting with myself or Joalpe, knew that license was not given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade <henriquedeandrade@gmail.com
:
Friends, it took me a month to join forces and get the courage to write the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA), and the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses the username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper which he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In the email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was bothered with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the Wiki Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São Paulo (CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the texts sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish it, accuses us of not giving the due credits in the work and implies that we would have copied the content from another conference, prior to CCBWIKI, where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not only was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his name did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I did not even know of the existence of Intercom conference, where I now know that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously opt for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in key moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order to request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety and the Legal Team. Both were sympathetic, but the WMF's legal support policies provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications of the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded that the best way to defend myself would be to publicize the ongoing persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just couldn’t do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even a member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done by users like him. But this time I won’t shut up! The destructive behavior of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally threaten members of the Wikimedia community is receiving money from our movement to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way by the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal world. I call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação Brasil group, and that it immediately stops pursuing free-culture movements in Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access to the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wik i/Mailing_lists/Guidelines and https://meta.wikimedia.org/wik i/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the mailing list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more suited place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far as I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an overview of main statements you are claiming, each linked to related resources which let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective as you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to create and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up in the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of another user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was on more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of actually using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a public facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly invalid for several reasons, one being he did not have one from the co-authors of the work. Even if he did, Brazilian law supersedes it and clearly states that the author has the inalienable moral right to revoke any license and remove from circulation in any form when the use represents an affront to his image or reputation.[3] That Henrique confesses that he, and the user banned from interacting with myself or Joalpe, knew that license was not given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade <henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to write the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA), and the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses the username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper which he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In the email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was bothered with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the Wiki Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São Paulo (CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the texts sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish it, accuses us of not giving the due credits in the work and implies that we would have copied the content from another conference, prior to CCBWIKI, where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not only was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his name did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I did not even know of the existence of Intercom conference, where I now know that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously opt for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in key moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order to request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety and the Legal Team. Both were sympathetic, but the WMF's legal support policies provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications of the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded that the best way to defend myself would be to publicize the ongoing persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just couldn’t do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even a member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done by users like him. But this time I won’t shut up! The destructive behavior of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally threaten members of the Wikimedia community is receiving money from our movement to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way by the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal world. I call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação Brasil group, and that it immediately stops pursuing free-culture movements in Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access to the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wik i/Mailing_lists/Guidelines and https://meta.wikimedia.org/wik i/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines and https://meta.wikimedia.org/wiki/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
This is a very complex long-term "war" which, in my experience, never ends in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity mission.
Vito
https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail Mail priva di virus. www.avast.com https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the mailing list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more suited place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far as I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an overview of main statements you are claiming, each linked to related resources which let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective as you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to create and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up in the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of another user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was on more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of actually using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a public facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly invalid for several reasons, one being he did not have one from the co-authors of the work. Even if he did, Brazilian law supersedes it and clearly states that the author has the inalienable moral right to revoke any license and remove from circulation in any form when the use represents an affront to his image or reputation.[3] That Henrique confesses that he, and the user banned from interacting with myself or Joalpe, knew that license was not given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to write the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA), and the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses the username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper which he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In the email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was bothered with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the Wiki Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São Paulo (CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the texts sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish it, accuses us of not giving the due credits in the work and implies that we would have copied the content from another conference, prior to CCBWIKI, where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not only was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his name did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I did not even know of the existence of Intercom conference, where I now know that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously opt for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in key moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order to request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety and the Legal Team. Both were sympathetic, but the WMF's legal support policies provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications of the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded that the best way to defend myself would be to publicize the ongoing persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just couldn’t do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even a member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done by users like him. But this time I won’t shut up! The destructive behavior of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally threaten members of the Wikimedia community is receiving money from our movement to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way by the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal world. I call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação Brasil group, and that it immediately stops pursuing free-culture movements in Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access to the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wik i/Mailing_lists/Guidelines and https://meta.wikimedia.org/wik i/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
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A message from your list moderators:
This thread does not belong on this list.
It is spillover of a long and bitter conflict in the Portuguese community, and this list's membership is not well situated to contribute to a solution through discussion on this list. Those particularly interested and able can participate in relevant threads on the Portuguese Wikipedia.
However, moving the mutual recriminations onto this list is escalation that can only upset people and exacerbate the conflict, and is not an effective way to seek help.
As was mentioned, the matter involves allegations of harassment -- investigated by the Support and Safety team in the Community Engagement department at WMF -- as well as legal action. Both avenues would not benefit from partial and probably-biased context shared on this list.
The parties in conflict should continue to seek a modus vivendi on the wiki they share, on-wiki, as well as through the channels they are already pursuing. Smearing the other side on this list won't accomplish anything.
Accordingly, *please stop posting on this thread*. We have also placed the Brazilians involved in this conflict on temporary moderation, to prevent further escalation.
(putting on my WMF hat for a moment -- As a further point of context, both sides have at one point requested WMF intervention in Brazil. WMF has not yet announced whether and how it would intervene, though several alternatives have been discussed. Stay tuned.)
A.
On Mon, Nov 6, 2017 at 5:47 PM Vi to vituzzu.wiki@gmail.com wrote:
This is a very complex long-term "war" which, in my experience, never ends in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity mission.
Vito
< https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
Mail priva di virus. www.avast.com < https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the
mailing
list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more suited place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far as I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an overview of main statements you are claiming, each linked to related resources
which
let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective as you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to
create
and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up
in
the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of
another
user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was
on
more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of
actually
using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a
public
facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly
invalid
for several reasons, one being he did not have one from the co-authors
of
the work. Even if he did, Brazilian law supersedes it and clearly
states
that the author has the inalienable moral right to revoke any license
and
remove from circulation in any form when the use represents an affront
to
his image or reputation.[3] That Henrique confesses that he, and the
user
banned from interacting with myself or Joalpe, knew that license was
not
given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to
write
the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA),
and
the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses
the
username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper
which
he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In
the
email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was
bothered
with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the
Wiki
Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São
Paulo
(CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the
texts
sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish
it,
accuses us of not giving the due credits in the work and implies that
we
would have copied the content from another conference, prior to
CCBWIKI,
where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not
only
was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his
name
did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I
did
not even know of the existence of Intercom conference, where I now
know
that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously
opt
for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in
key
moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order
to
request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety
and
the Legal Team. Both were sympathetic, but the WMF's legal support
policies
provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications
of
the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded
that
the best way to defend myself would be to publicize the ongoing
persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just
couldn’t
do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even
a
member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done
by
users like him. But this time I won’t shut up! The destructive
behavior
of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally
threaten
members of the Wikimedia community is receiving money from our
movement
to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way
by
the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal
world. I
call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação
Brasil
group, and that it immediately stops pursuing free-culture movements
in
Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access
to
the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at:
https://meta.wikimedia.org/wik
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The simple reply that a CC content is irrevocable shouldhave been enough to deal with this (Unless GoDaddy got confused,)
On Mon, Nov 6, 2017 at 4:55 PM, Asaf Bartov asaf.bartov@gmail.com wrote:
A message from your list moderators:
This thread does not belong on this list.
It is spillover of a long and bitter conflict in the Portuguese community, and this list's membership is not well situated to contribute to a solution through discussion on this list. Those particularly interested and able can participate in relevant threads on the Portuguese Wikipedia.
However, moving the mutual recriminations onto this list is escalation that can only upset people and exacerbate the conflict, and is not an effective way to seek help.
As was mentioned, the matter involves allegations of harassment -- investigated by the Support and Safety team in the Community Engagement department at WMF -- as well as legal action. Both avenues would not benefit from partial and probably-biased context shared on this list.
The parties in conflict should continue to seek a modus vivendi on the wiki they share, on-wiki, as well as through the channels they are already pursuing. Smearing the other side on this list won't accomplish anything.
Accordingly, *please stop posting on this thread*. We have also placed the Brazilians involved in this conflict on temporary moderation, to prevent further escalation.
(putting on my WMF hat for a moment -- As a further point of context, both sides have at one point requested WMF intervention in Brazil. WMF has not yet announced whether and how it would intervene, though several alternatives have been discussed. Stay tuned.)
A.On Mon, Nov 6, 2017 at 5:47 PM Vi to vituzzu.wiki@gmail.com wrote:
This is a very complex long-term "war" which, in my experience, never
ends
in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity
mission.
Vito
source=link&utm_campaign=sig-email&utm_content=webmail
Mail priva di virus. www.avast.com < https://www.avast.com/sig-email?utm_medium=email&utm_
source=link&utm_campaign=sig-email&utm_content=webmail
<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the
mailing
list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more
suited
place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far
as
I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an
overview
of main statements you are claiming, each linked to related resources
which
let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective
as
you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to
create
and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up
in
the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site
down*.[1]
Henrique quickly took down the article offending copyright and
Godaddy
allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of
another
user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was
on
more than one occasion hints of physical violence from a member of
Wiki
Education Brazil, and at one point those hints came to level of
actually
using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a
public
facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly
invalid
for several reasons, one being he did not have one from the
co-authors
of
the work. Even if he did, Brazilian law supersedes it and clearly
states
that the author has the inalienable moral right to revoke any license
and
remove from circulation in any form when the use represents an
affront
to
his image or reputation.[3] That Henrique confesses that he, and the
user
banned from interacting with myself or Joalpe, knew that license was
not
given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption
of
good faith can be reasonably made. This was an explicit provocation from
the
"User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to
write
the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA),
and
the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses
the
username Joalpe.
My unreal saga began on October 7th when I received an email
informing
me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper
which
he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying
WMF
team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In
the
email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was
bothered
with something and that, if he wanted to, I could remove from the
site
the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two
days
after my contact arrives a message from GoDaddy (company where the
Wiki
Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for
Research,
Innovation and Diffusion in Neuromamatics of the University of São
Paulo
(CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the
texts
sent to the I CCBWIKI there would be a text of which he is one of
the
authors and that he would have revoked our authorization to publish
it,
accuses us of not giving the due credits in the work and implies
that
we
would have copied the content from another conference, prior to
CCBWIKI,
where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not
only
was the authorization not revoked but also a Creative Commons
publication
could not have its permission revoked for sharing. Secondly, in fact his
name
did not appear on the page listing the papers, because the main author
of
the article did not register it correctly in the system, but when
clicking
on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I
did
not even know of the existence of Intercom conference, where I now
know
that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our
authorization
for publication, he clearly says that he disallows the publication of
the
paper his is the main author, and that he would talk to the other author
to
propose withdrawing the paper in question, and the chair of the
event
promptly replied indicating that the dialogue should continue
through
the conference management system (it is worth noting that he said he
would
like to withdraw his work because he has never seen an academic
conference
that does not pay for the transfer and accommodations for all, an
argument
that does not make any sense to anyone that minimally knows the reality
of
Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The
DMCA
notice gave us two options: either to remove the illegally posted
file
or to contest the complaint. Thinking about justice, we would obviously
opt
for the second option because we were not doing anything illegal.
But
within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is
worth
mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the
previous
conference. In this way, projects such as IWSC and WLM that were in
key
moments of their execution were also unavailable to users. So, to
the
very annoyance we had to remove the file (as if we were guilty!) In order
to
request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety
and
the Legal Team. Both were sympathetic, but the WMF's legal support
policies
provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal
implications
of
the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded
that
the best way to defend myself would be to publicize the ongoing
persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could
not
do anything. I spent hours trying to write these words but I just
couldn’t
do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is
even
a
member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I
have
several times left and I stopped editing because of the bullying
done
by
users like him. But this time I won’t shut up! The destructive
behavior
of this person has escalated in a way that is forcing me to spend all
my
time studying United States copyright law to defend myself from
something I
did not do, and he knows it well. This user used his influence to move
the
largest university in Latin America into an international legal
threat
against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that
he
leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally
threaten
members of the Wikimedia community is receiving money from our
movement
to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way
by
the Wikimedia movement. A copyright troll should never receive grants,
be
accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask
for
your support to help with my defense of Joalpe's attack on the legal
world. I
call upon all advocates of free culture, freedom of knowledge and
the
Wikimedia movement to endorse the following petition [3], addressed
to
the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação
Brasil
group, and that it immediately stops pursuing free-culture movements
in
Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that
threatens
not only the Wikimedia movement, but the whole culture of free
knowledge.
"Imagine a world in which every person on the planet has free access
to
the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at:
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I' m sorry to hear that Portuguese Wikipedia has similar problems as Greek Wikipedia. Being the victim of harassment from administrators of Greek Wikipedia (they post my real sex, name and email and archived my personal data for future use to threaten me and the wikipedians who help me, telling me that my harassment won t stop just in wikipedia but and in other social media as the had done in the past) which led me to stop editing even tho I'm a 100wikidayer and 100wikicommonsdayer and participated in an international conference here in Greece presenting the work that the community have done in Wikipedia. I think that letting fellow wikipedians know about this kind of problems is crucial for the improvement of community health because it can start some actions to resolve such cyber crimes. From what I understand Wikimedia foundation is not really interested of helping women who are being harassed as long as the bullying is not reported to the police and the bullies are useful in wikipedia projects as for example hosting a cee meeting or wikimania in Greece. They are even rewarded with trips and let them participate in projects such as women in Red, which is actually really funny if you think about it. The bullies who sent women away from wikipedia are getting grands for contacting workshops to find women who would like to participate in wikipedia. :P They present themselves as educators in Greece but really who would you like persons like that teaching their kids? There is always a standard answer from wmf when someone complains of being harassed: they say that this person is bitterful and not talking with courtesy. In my case SUSA even implied that me (the victim) should contacted my bullies and ask them politely to stop harassing me and did absolutely nothing to help me. You see I m only a volunteer and not a professional wikimedian so I m not really important to them. I really hope the issues in Portuguese Wikipedia will resolve quickly because I know how stressful and sad these situations can be not only for the people involved but for all the community.
Ανώνυμος Βικιπαιδιστής
On 06/11/2017 11:55 μμ, Asaf Bartov wrote:
A message from your list moderators:
This thread does not belong on this list.
It is spillover of a long and bitter conflict in the Portuguese community, and this list's membership is not well situated to contribute to a solution through discussion on this list. Those particularly interested and able can participate in relevant threads on the Portuguese Wikipedia.
However, moving the mutual recriminations onto this list is escalation that can only upset people and exacerbate the conflict, and is not an effective way to seek help.
As was mentioned, the matter involves allegations of harassment -- investigated by the Support and Safety team in the Community Engagement department at WMF -- as well as legal action. Both avenues would not benefit from partial and probably-biased context shared on this list.
The parties in conflict should continue to seek a modus vivendi on the wiki they share, on-wiki, as well as through the channels they are already pursuing. Smearing the other side on this list won't accomplish anything.
Accordingly, *please stop posting on this thread*. We have also placed the Brazilians involved in this conflict on temporary moderation, to prevent further escalation.
(putting on my WMF hat for a moment -- As a further point of context, both sides have at one point requested WMF intervention in Brazil. WMF has not yet announced whether and how it would intervene, though several alternatives have been discussed. Stay tuned.)
A.On Mon, Nov 6, 2017 at 5:47 PM Vi to vituzzu.wiki@gmail.com wrote:
This is a very complex long-term "war" which, in my experience, never ends in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity mission.
Vito
< https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm... Mail priva di virus. www.avast.com < https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm... <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the
mailing
list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more suited place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far as I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an overview of main statements you are claiming, each linked to related resources
which
let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective as you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to
create
and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up
in
the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of
another
user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was
on
more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of
actually
using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a
public
facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly
invalid
for several reasons, one being he did not have one from the co-authors
of
the work. Even if he did, Brazilian law supersedes it and clearly
states
that the author has the inalienable moral right to revoke any license
and
remove from circulation in any form when the use represents an affront
to
his image or reputation.[3] That Henrique confesses that he, and the
user
banned from interacting with myself or Joalpe, knew that license was
not
given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to
write
the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA),
and
the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses
the
username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper
which
he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In
the
email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was
bothered
with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the
Wiki
Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São
Paulo
(CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the
texts
sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish
it,
accuses us of not giving the due credits in the work and implies that
we
would have copied the content from another conference, prior to
CCBWIKI,
where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not
only
was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his
name
did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I
did
not even know of the existence of Intercom conference, where I now
know
that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously
opt
for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in
key
moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order
to
request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety
and
the Legal Team. Both were sympathetic, but the WMF's legal support
policies
provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications
of
the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded
that
the best way to defend myself would be to publicize the ongoing
persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just
couldn’t
do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even
a
member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done
by
users like him. But this time I won’t shut up! The destructive
behavior
of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally
threaten
members of the Wikimedia community is receiving money from our
movement
to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way
by
the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal
world. I
call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação
Brasil
group, and that it immediately stops pursuing free-culture movements
in
Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access
to
the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at:
https://meta.wikimedia.org/wik
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On the other hand, I would like see WMF starts fixing harm done by its cultural neocolonial actions in Brazil and India.
On Mon, Nov 6, 2017 at 10:55 PM, Asaf Bartov asaf.bartov@gmail.com wrote:
A message from your list moderators:
This thread does not belong on this list.
It is spillover of a long and bitter conflict in the Portuguese community, and this list's membership is not well situated to contribute to a solution through discussion on this list. Those particularly interested and able can participate in relevant threads on the Portuguese Wikipedia.
However, moving the mutual recriminations onto this list is escalation that can only upset people and exacerbate the conflict, and is not an effective way to seek help.
As was mentioned, the matter involves allegations of harassment -- investigated by the Support and Safety team in the Community Engagement department at WMF -- as well as legal action. Both avenues would not benefit from partial and probably-biased context shared on this list.
The parties in conflict should continue to seek a modus vivendi on the wiki they share, on-wiki, as well as through the channels they are already pursuing. Smearing the other side on this list won't accomplish anything.
Accordingly, *please stop posting on this thread*. We have also placed the Brazilians involved in this conflict on temporary moderation, to prevent further escalation.
(putting on my WMF hat for a moment -- As a further point of context, both sides have at one point requested WMF intervention in Brazil. WMF has not yet announced whether and how it would intervene, though several alternatives have been discussed. Stay tuned.)
A.On Mon, Nov 6, 2017 at 5:47 PM Vi to vituzzu.wiki@gmail.com wrote:
This is a very complex long-term "war" which, in my experience, never ends in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity mission.
Vito
< https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
Mail priva di virus. www.avast.com < https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the
mailing
list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more suited place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as far as I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an overview of main statements you are claiming, each linked to related resources
which
let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective as you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to
create
and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end up
in
the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site down*.[1] Henrique quickly took down the article offending copyright and Godaddy allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education Brazil that has repeatedly harassed several members of our user group (Joalpe and myself included). And is probably here acting as a Meatpuppet of
another
user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should not only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does not want his name attached to an event that harassed him and others. There was
on
more than one occasion hints of physical violence from a member of Wiki Education Brazil, and at one point those hints came to level of
actually
using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a
public
facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly
invalid
for several reasons, one being he did not have one from the co-authors
of
the work. Even if he did, Brazilian law supersedes it and clearly
states
that the author has the inalienable moral right to revoke any license
and
remove from circulation in any form when the use represents an affront
to
his image or reputation.[3] That Henrique confesses that he, and the
user
banned from interacting with myself or Joalpe, knew that license was
not
given by João and that an explicit revocation was placed onwiki, only makes the copyright violation willful and demonstrates that no assumption of good faith can be reasonably made. This was an explicit provocation from the "User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
: Friends, it took me a month to join forces and get the courage to
write
the story below.
The Wiki Education Brazil user group has had its website [1] shutted down due to an attack using the Digital Millennium Copyright Act (DMCA),
and
the most shocking of this story is that the legal threat was made by a "member" of the Wikimedia community: Mr. João Alexandre Peschanski, who uses
the
username Joalpe.
My unreal saga began on October 7th when I received an email informing me that the WMF Support and Safety team had received a complaint from Joalpe that his copyright was being violated by the publication on the I CCBWIKI (I Brazilian Scientific Congress of Wikipedia) website of a paper
which
he is a co-author.
I thought this situation was very strange and I imagined it was a misunderstanding. I promptly in good faith emailed Joalpe, copying WMF team, trying to figure out what could have led to this misleading interpretation that we were committing a copyright infringement. In
the
email I reminded him that he knows several members of the Wiki Edu Brazil group and that he could communicate directly with us if he was
bothered
with something and that, if he wanted to, I could remove from the site the work of which he is a co-author, even though it is on the CC-BY 3.0 license.
To my surprise I never received a reply from Joalpe. Instead, two days after my contact arrives a message from GoDaddy (company where the
Wiki
Edu Brasil’s site is hosted in the United States) informing that we have received a "complete DMCA complaint", made by the Center for Research, Innovation and Diffusion in Neuromamatics of the University of São
Paulo
(CEPID NeuroMat - USP), signed by João Alexandre Peschanski.
In this complaint he alleges that in the page that I made with the
texts
sent to the I CCBWIKI there would be a text of which he is one of the authors and that he would have revoked our authorization to publish
it,
accuses us of not giving the due credits in the work and implies that
we
would have copied the content from another conference, prior to
CCBWIKI,
where it would have been originally published.
I lack words to describe my revolt at such absurd lies. First: not
only
was the authorization not revoked but also a Creative Commons publication could not have its permission revoked for sharing. Secondly, in fact his
name
did not appear on the page listing the papers, because the main author of the article did not register it correctly in the system, but when clicking on the file his name was in the credits correctly. Third: the published content was exactly the one sent by the author David Fernando Levon Alves on August 29, 2016, and until the current unfortunate legal threat I
did
not even know of the existence of Intercom conference, where I now
know
that the same paper had been presented in September 9th.
And Joalpe knows all about it! Even on page that he links[2] in his complaint saying that is proof of him having revoked our authorization for publication, he clearly says that he disallows the publication of the paper his is the main author, and that he would talk to the other author to propose withdrawing the paper in question, and the chair of the event promptly replied indicating that the dialogue should continue through the conference management system (it is worth noting that he said he would like to withdraw his work because he has never seen an academic conference that does not pay for the transfer and accommodations for all, an argument that does not make any sense to anyone that minimally knows the reality of Brazilian academy).
Still bewildered by this nonsense I had to decide what to do. The DMCA notice gave us two options: either to remove the illegally posted file or to contest the complaint. Thinking about justice, we would obviously
opt
for the second option because we were not doing anything illegal. But within the cruel logic of the DMCA, we were given an absurd 24-hour deadline to send a response and our page was already off. It is worth mentioning that at that moment our host removed all the pages in the domain wikibrasil.org, and not just the page with the annals of the previous conference. In this way, projects such as IWSC and WLM that were in
key
moments of their execution were also unavailable to users. So, to the very annoyance we had to remove the file (as if we were guilty!) In order
to
request that the sites be republished.
Yet stunned by this, I asked for help from the WMF’s Trust & Safety
and
the Legal Team. Both were sympathetic, but the WMF's legal support
policies
provide support only for problems regarding content hosted on the foundation's servers, and since that was not the case, I could not receive formal legal support. Unsure, fearing the possible legal implications
of
the complaint, and without knowing how to defend myself I spoke with groups of free culture and defense of freedom of expression and concluded
that
the best way to defend myself would be to publicize the ongoing
persecution.
The days that followed were very difficult for me. Whenever I had to deal with any wiki subject I was taken by a feeling of revolt and could not do anything. I spent hours trying to write these words but I just
couldn’t
do it. Having to face a legal threat through the DMCA may already be something to wrap the stomach itself, but having to do it knowing that who denounces know he is lying, says himself a defender of free culture and is even
a
member of the Wikimedia community is unbelievably revolting!
We all know that wikis communities are not a bed of roses and I have several times left and I stopped editing because of the bullying done
by
users like him. But this time I won’t shut up! The destructive
behavior
of this person has escalated in a way that is forcing me to spend all my time studying United States copyright law to defend myself from something I did not do, and he knows it well. This user used his influence to move the largest university in Latin America into an international legal threat against the movement he claims to be a part of. We need to stop it!
For those who do not know this user, it is worth pointing out that he leads a users group, and receives funding from WMF to conduct outreach activities. I repeat: This person who uses the DMCA to legally
threaten
members of the Wikimedia community is receiving money from our
movement
to fund their projects. We can not accept this anymore! Joao Alexandre Peschanski (a.k.a. Joalpe) should be boycotted in every possible way
by
the Wikimedia movement. A copyright troll should never receive grants, be accepted in our spaces and have the right to speak on behalf of our community!
In addition to measures within the Wikimedia community I also ask for your support to help with my defense of Joalpe's attack on the legal
world. I
call upon all advocates of free culture, freedom of knowledge and the Wikimedia movement to endorse the following petition [3], addressed to the University of São Paulo, demanding that it immediately withdraw the complaint of violation to the DMCA made against the Wiki Educação
Brasil
group, and that it immediately stops pursuing free-culture movements
in
Brazil and in the world: https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi
I publish this letter still frightened, but already without fear and confident that united we will overcome one more attack that threatens not only the Wikimedia movement, but the whole culture of free knowledge.
"Imagine a world in which every person on the planet has free access
to
the sum of all human knowledge. That is what we are doing." Jimbo Wales
Sincerely,
Henrique de Andrade (User: HenriqueCrang)
[2] https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# Tr.C3.AAs_d.C3.BAvidas https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient
[3] https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi _______________________________________________ Wikimedia-l mailing list, guidelines at:
https://meta.wikimedia.org/wik
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,
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Huh? Thanks, GerardM
Op wo 15 nov. 2017 om 14:24 schreef Milos Rancic millosh@gmail.com
On the other hand, I would like see WMF starts fixing harm done by its cultural neocolonial actions in Brazil and India.
On Mon, Nov 6, 2017 at 10:55 PM, Asaf Bartov asaf.bartov@gmail.com wrote:
A message from your list moderators:
This thread does not belong on this list.
It is spillover of a long and bitter conflict in the Portuguese
community,
and this list's membership is not well situated to contribute to a
solution
through discussion on this list. Those particularly interested and able can participate in relevant threads on the Portuguese Wikipedia.
However, moving the mutual recriminations onto this list is escalation
that
can only upset people and exacerbate the conflict, and is not an
effective
way to seek help.
As was mentioned, the matter involves allegations of harassment -- investigated by the Support and Safety team in the Community Engagement department at WMF -- as well as legal action. Both avenues would not benefit from partial and probably-biased context shared on this list.
The parties in conflict should continue to seek a modus vivendi on the
wiki
they share, on-wiki, as well as through the channels they are already pursuing. Smearing the other side on this list won't accomplish
anything.
Accordingly, *please stop posting on this thread*. We have also placed
the
Brazilians involved in this conflict on temporary moderation, to prevent further escalation.
(putting on my WMF hat for a moment -- As a further point of context,
both
sides have at one point requested WMF intervention in Brazil. WMF has
not
yet announced whether and how it would intervene, though several alternatives have been discussed. Stay tuned.)
A.On Mon, Nov 6, 2017 at 5:47 PM Vi to vituzzu.wiki@gmail.com wrote:
This is a very complex long-term "war" which, in my experience, never
ends
in a "reconciliation".
Also, honestly, I don't think how can this comply with wikiversity
mission.
Vito
<
https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
Mail priva di virus. www.avast.com <
https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm...
<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
2017-11-06 15:30 GMT+01:00 mathieu stumpf guntz < psychoslave@culture-libre.org>:
Thank Chico and Henrique for your reports and related links.
I encourage both of you to document further this topic. But as the
mailing
list format might quickly turn it into a flameware, to avoid list moderators some disagreeable work, you could preferably find more
suited
place to develop your points. Punctual feedback on the list to signal creation or update of additional external resources is welcome, as
far as
I'm concerned.
You might, inter alia, use wikimedia-timeline[1] to generate an
overview
of main statements you are claiming, each linked to related resources
which
let reader deepen their inquiry on the topic if they have interest and resources to do so.
If you are interested to turn that in a research project as objective
as
you might be able to create, I also encourage you to open a research project on a Wikiversity instance, after a check of how such a project might be conducted on the selected instance. You might also like to
create
and conduct some interviews and publish them on Wikinews.
I hope that the difficult situation you are passing through will end
up
in
the most contributive, positive and placid possible resolution.
Kind regards, mathieu
[1] https://github.com/molly/wikimedia-timeline
Le 06/11/2017 à 11:59, Chico Venancio a écrit :
Ended up with out the links, sorry: [1]http://www.isitdownrightnow.com/wikibrasil.org.html [2]https://www.whois.com/whois/107.180.2.118 [3]http://www.planalto.gov.br/ccivil_03/leis/L9610.htm#art24
Chico Venancio
2017-11-06 7:53 GMT-03:00 Chico Venancio chicocvenancio@gmail.com:
To all on the list, *this is characterization is filled with obvious
lies.*
The DMCA was filed a month ago simply *DID NOT TAKE the site
down*.[1]
Henrique quickly took down the article offending copyright and
Godaddy
allowed it to continue to be hosted.[2]
Henrique is a paid contractor of the user group Wiki Education
Brazil
that has repeatedly harassed several members of our user group (Joalpe
and
myself included). And is probably here acting as a Meatpuppet of
another
user who is under an Office action interaction ban to interact with either myself or João.
That he goes on an international platform to call on the Dean of the university were João works is egregious harassment and WMF should
not
only impose severe sanctions, but review both the grant and affiliation agreements with the "user group" were this comes from.
On the merits, after the event the organizer harassed several of our members, and to me it is completely understandable that João does
not
want his name attached to an event that harassed him and others. There
was
on
more than one occasion hints of physical violence from a member of
Wiki
Education Brazil, and at one point those hints came to level of
actually
using the words "beating" in reference to another member of our user group, Teles, who was also called a famous Wikipedia despot, that he needed psychiatric attention, and that he needed to find a boyfriend on a
public
facebook thread.
The CC-BY 3.0 Henrique alleges to have on the article is clearly
invalid
for several reasons, one being he did not have one from the
co-authors
of
the work. Even if he did, Brazilian law supersedes it and clearly
states
that the author has the inalienable moral right to revoke any
license
and
remove from circulation in any form when the use represents an
affront
to
his image or reputation.[3] That Henrique confesses that he, and the
user
banned from interacting with myself or Joalpe, knew that license was
not
given by João and that an explicit revocation was placed onwiki,
only
makes the copyright violation willful and demonstrates that no assumption
of
good faith can be reasonably made. This was an explicit provocation from
the
"User Group" Wiki Education Brazil to João.
Best to all on the Wikimedia Movement,
Hoping for a movement with less tolerance for harassment,
Chico Venancio (User:Chicocvenancio)
2017-11-06 1:08 GMT-03:00 Henrique de Andrade < henriquedeandrade@gmail.com
> : > Friends, it took me a month to join forces and get the courage to
write
> the > story below. > > The Wiki Education Brazil user group has had its website [1]
shutted
> down > due to an attack using the Digital Millennium Copyright Act (DMCA),
and
> the > most shocking of this story is that the legal threat was made by a > "member" > of the Wikimedia community: Mr. João Alexandre Peschanski, who uses
the
> username Joalpe. > > My unreal saga began on October 7th when I received an email
informing
> me > that the WMF Support and Safety team had received a complaint from > Joalpe > that his copyright was being violated by the publication on the I > CCBWIKI > (I Brazilian Scientific Congress of Wikipedia) website of a paper
which
> he > is a co-author. > > I thought this situation was very strange and I imagined it was a > misunderstanding. I promptly in good faith emailed Joalpe, copying
WMF
> team, trying to figure out what could have led to this misleading > interpretation that we were committing a copyright infringement. In
the
> email I reminded him that he knows several members of the Wiki Edu > Brazil > group and that he could communicate directly with us if he was
bothered
> with something and that, if he wanted to, I could remove from the
site
> the > work of which he is a co-author, even though it is on the CC-BY 3.0 > license. > > To my surprise I never received a reply from Joalpe. Instead, two
days
> after my contact arrives a message from GoDaddy (company where the
Wiki
> Edu > Brasil’s site is hosted in the United States) informing that we
have
> received a "complete DMCA complaint", made by the Center for
Research,
> Innovation and Diffusion in Neuromamatics of the University of São
Paulo
> (CEPID NeuroMat - USP), signed by João Alexandre Peschanski. > > In this complaint he alleges that in the page that I made with the
texts
> sent to the I CCBWIKI there would be a text of which he is one of
the
> authors and that he would have revoked our authorization to publish
it,
> accuses us of not giving the due credits in the work and implies
that
we
> would have copied the content from another conference, prior to
CCBWIKI,
> where it would have been originally published. > > I lack words to describe my revolt at such absurd lies. First: not
only
> was > the authorization not revoked but also a Creative Commons
publication
> could > not have its permission revoked for sharing. Secondly, in fact his
name
> did > not appear on the page listing the papers, because the main author
of
> the > article did not register it correctly in the system, but when
clicking
> on > the file his name was in the credits correctly. Third: the
published
> content was exactly the one sent by the author David Fernando Levon > Alves > on August 29, 2016, and until the current unfortunate legal threat
I
did
> not even know of the existence of Intercom conference, where I now
know
> that the same paper had been presented in September 9th. > > And Joalpe knows all about it! Even on page that he links[2] in his > complaint saying that is proof of him having revoked our
authorization
> for > publication, he clearly says that he disallows the publication of
the
> paper > his is the main author, and that he would talk to the other author
to
> propose withdrawing the paper in question, and the chair of the
event
> promptly replied indicating that the dialogue should continue
through
> the > conference management system (it is worth noting that he said he
would
> like > to withdraw his work because he has never seen an academic
conference
> that > does not pay for the transfer and accommodations for all, an
argument
> that > does not make any sense to anyone that minimally knows the reality
of
> Brazilian academy). > > Still bewildered by this nonsense I had to decide what to do. The
DMCA
> notice gave us two options: either to remove the illegally posted
file
> or > to contest the complaint. Thinking about justice, we would
obviously
opt
> for the second option because we were not doing anything illegal.
But
> within the cruel logic of the DMCA, we were given an absurd 24-hour > deadline to send a response and our page was already off. It is
worth
> mentioning that at that moment our host removed all the pages in
the
> domain > wikibrasil.org, and not just the page with the annals of the
previous
> conference. In this way, projects such as IWSC and WLM that were in
key
> moments of their execution were also unavailable to users. So, to
the
> very > annoyance we had to remove the file (as if we were guilty!) In
order
to
> request that the sites be republished. > > Yet stunned by this, I asked for help from the WMF’s Trust & Safety
and
> the > Legal Team. Both were sympathetic, but the WMF's legal support
policies
> provide support only for problems regarding content hosted on the > foundation's servers, and since that was not the case, I could not > receive > formal legal support. Unsure, fearing the possible legal
implications
of
> the complaint, and without knowing how to defend myself I spoke
with
> groups > of free culture and defense of freedom of expression and concluded
that
> the > best way to defend myself would be to publicize the ongoing
persecution.
> > The days that followed were very difficult for me. Whenever I had
to
> deal > with any wiki subject I was taken by a feeling of revolt and could
not
> do > anything. I spent hours trying to write these words but I just
couldn’t
> do > it. Having to face a legal threat through the DMCA may already be > something > to wrap the stomach itself, but having to do it knowing that who > denounces > know he is lying, says himself a defender of free culture and is
even
a
> member of the Wikimedia community is unbelievably revolting! > > We all know that wikis communities are not a bed of roses and I
have
> several times left and I stopped editing because of the bullying
done
by
> users like him. But this time I won’t shut up! The destructive
behavior
> of > this person has escalated in a way that is forcing me to spend all
my
> time > studying United States copyright law to defend myself from
something I
> did > not do, and he knows it well. This user used his influence to move
the
> largest university in Latin America into an international legal
threat
> against the movement he claims to be a part of. We need to stop it! > > For those who do not know this user, it is worth pointing out that
he
> leads > a users group, and receives funding from WMF to conduct outreach > activities. I repeat: This person who uses the DMCA to legally
threaten
> members of the Wikimedia community is receiving money from our
movement
> to > fund their projects. We can not accept this anymore! Joao Alexandre > Peschanski (a.k.a. Joalpe) should be boycotted in every possible
way
by
> the > Wikimedia movement. A copyright troll should never receive grants,
be
> accepted in our spaces and have the right to speak on behalf of our > community! > > In addition to measures within the Wikimedia community I also ask
for
> your > support to help with my defense of Joalpe's attack on the legal
world. I
> call upon all advocates of free culture, freedom of knowledge and
the
> Wikimedia movement to endorse the following petition [3],
addressed to
> the > University of São Paulo, demanding that it immediately withdraw the > complaint of violation to the DMCA made against the Wiki Educação
Brasil
> group, and that it immediately stops pursuing free-culture
movements
in
> Brazil and in the world: > https://www.change.org/p/reitor-da-usp-pare-imediatamente- > de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar > https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi> > > I publish this letter still frightened, but already without fear
and
> confident that united we will overcome one more attack that
threatens
> not > only the Wikimedia movement, but the whole culture of free
knowledge.
> > "Imagine a world in which every person on the planet has free
access
to
> the > sum of all human knowledge. That is what we are doing." Jimbo Wales > > Sincerely, > > Henrique de Andrade (User: HenriqueCrang) > > [1] http://wikibrasil.org > > [2] > https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ > Events/Congresso_Científico_Brasileiro_da_Wikipédia/2016# > Tr.C3.AAs_d.C3.BAvidas > https://meta.wikimedia.org/wiki/Talk:Wiki_Education_Brazil/ Events/Congresso_Cient> > > [3] > https://www.change.org/p/reitor-da-usp-pare-imediatamente- > de-usar-a-justiça-americana-para-tirar-site-wiki-brasil-do-ar > https://www.change.org/p/reitor-da-usp-pare-imediatamente- de-usar-a-justi> > _______________________________________________ > Wikimedia-l mailing list, guidelines at:
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