On 8 July 2012 16:54, Adam Cuerden cuerden@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.