I was just about to post that same section. From 2257(h)(2)(B)) exception to record keeping: (v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230 (c)) shall not constitute such selection or alteration of the content of the communication;
What I would define as "communication" is the image page created by the logged in user. That user created to page, selected and uploaded (inserted) the image onto Wikimedia's servers. That person could be viewed as a primary (if own image) or secondary (if transferred image) producer. These individuals need to follow 18 USC 2257 record keeping guidelines.
From there, volunteers (like myself) tag, categorize the page, and start Deletion Requests (likely acceptacle under the Good Samaritan clauses of (47 U.S.C. 230 (c)).
However, when that image is selected for reuse (and not in an automated way, but by an actual human) on an article page, user page, or off-wiki that person also becomes a secondary producer.
2257B(g) simply refers to 2257(h) above, so I'm not sure why Mike even mentioned it.
(g) As used in this section, the terms “produces” and “performer” have the same meaning as in section 2257 (h) of this title.
On May 21, 2010, at 9:13 PM, Mike Godwin mnemonic@gmail.com wrote:
Stillwater Rising writes:
Hosting these images without 18 USC 2257(A) records, in my opinion, is a *
no-win* situation for everyone involved.
This raises the obvious question of how you interpret 18 USC 2257A (g), which refers back to 18 USC 2257(h) (including in particular 18 USC 2257(h)(2)(B)). I'll be interested in hearing your thoughts about the interaction and interpretation of these related statutes (as well as of the interaction between 18 USC 2257(h) generally and 47 USC 230 and 231, referenced within section 2257.
--Mike _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
On Fri, May 21, 2010 at 8:06 PM, Still Waterising <stillwaterising@gmail.com
wrote:
However, when that image is selected for reuse (and not in an automated way, but by an actual human) on an article page, user page, or off-wiki that person also becomes a secondary producer.
Can you point me to which case you are citing in support of this interpretation?
2257B(g) simply refers to 2257(h) above, so I'm not sure why Mike even mentioned it.
(g) As used in this section, the terms “produces” and “performer” have the same meaning as in section 2257http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html (h)http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html#h of this title.
You probably meant to type "2257A(g)" there. It's relevant because the subject matter of 2257A is not the same as that of 2257. The statutes operate the same way, although they cover different things, so must be read together when determining whether definitional exemptions apply.
--Mike
wikimedia-l@lists.wikimedia.org