[Foundation-l] Copyright on Wikisource

Jean-Baptiste Soufron jbsoufron at gmail.com
Tue Mar 14 23:42:11 UTC 2006


Well that's also the point I tried to explain to Yann.

The canadian story is a different one. We were lucky enough to succeed, 
but things are different in the present case.

I don't think we can adopt and foster an attitude that would so easily 
lead us to be subject to prosecution in France... or elsewhere.

But the first misunderstanding was simply to believe that a work that is 
Public Domain somewhere is PD everywhere... which is not the case.

Jean-Baptiste Soufron
cersa-cnrs paris 2
+33 (0) 617 962 457
http://soufron.typhon.net



Patrick, Brad wrote:
> As American counsel, I would not dare contradict my French counterparts, but the answer is really simple - we will get sued by someone in France, and would subject the Foundation to the possibility of jurisdiction in France.  As our colleagues at Yahoo! Can attest, that is not a good thing.  It is not necessarily always in the interests of the mission of the organization to be aggressive at every turn.  This is one such example.
>
> -Brad 
>
> -----Original Message-----
> From: foundation-l-bounces at wikimedia.org [mailto:foundation-l-bounces at wikimedia.org] On Behalf Of Yann Forget
> Sent: Tuesday, March 14, 2006 5:25 PM
> To: Wikimedia Foundation Mailing List
> Subject: [Foundation-l] Copyright on Wikisource
>
> Hi,
>
> The question is asked whether we can host on Wikisource French authors whose works are not yet in the public domain in France, but are in the USA. 
> Recently Villy and JB Soufron said we can't. JB Soufron supported the site "les Classiques des sciences sociales" when they host the very same works.
> Why not on Wikisource?
>
> However we do host such works in Wikisource for the last two years. Why changing policy now? On all subdomains, we apply US law regarding copyright. 
> Why applying different laws, different standards, on different subdomains?
>
> More over, there are hundreds, maybe thousands of web sites hosted in US laws which have these kind of works. AFAIK, there never was any judgement against them. So I don't understand why Wikisource could not host these works.
>
> Further more, I would suggest than Wikisource should be hosted in Canada, so that the benefit of Canadian copyright law could be used.
>
> Regards,
>
> Yann
>
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