Klaus Graf, 25/01/2012 14:00:
The law counsel recommandation of 2007 wasn't communicated to the other WS and WE SHOULD IGNORE IT. It's clear that WMF has NOW to say what is possible in the light of the Supreme Court Decision - regarding Commons and the other WMF projects.
This is a clear issue of a WMF board resolution and not for an opinion peace on a talk page which is executed from an incompetent WS branch.
I mentioned a Wikisource-specific old decision, but that's always been the established policy on all WMF wikis, which has just been confirmed by the new terms of use draft: «For clarity, applicable law includes at least the laws of the United States of America» (https://meta.wikimedia.org/wiki/Terms_of_use#1._Our_Services). I'm not expressing an opinion about this, I've just remembered that you're not trying to prevent a possible future decision but to overturn an old established one, so it will be more difficult than you envision.
Nemo