On 8 July 2012 16:54, Adam Cuerden <cuerden(a)gmail.com> wrote:
And, seriously, David, the law, as it stands,
recognises
sweat-of-the-brow. The idea that it doesn't is based on the idea that
the European Court *might*, at some point in the future, declare that
doctrine invalid.
That's not a legal argument, that's fortune telling.
commons-l isn't a place for legal arguments, a court is. Turns out you
can shout a lot on a list, but it comes down to an actual legal
decision.
The present situation is that fidelitous restorations just don't
generate a new copyright in the US, and that's where the WMF servers
are. If you want to fight this, on the basis that you're in the UK,
the place to fight it is in court. This may or may not work out for
you.
Look, you're starting from a bottom line and trying to construct an
argument, any argument, that gets you to that bottom line. But your
arguments aren't actually good enough to make anyone want to go to bat
for you, and nor is your frothing tone going to convince anyone
either. And, fundamentally, no-one's going to change Commons policy
for the sake of getting your restorations in particular, and I think
you realise this. So you need to actually make convincing arguments,
because you just aren't right now.
- d.