[Foundation-l] EDP: US servers loophole?

[Nyenyec N]

Hi,

We started discussing on creating our EDP in HuWiki based on
http://wikimediafoundation.org/wiki/Resolution:Licensing_policy

I'd like to request some clarification on the text.

EDP: a project-specific policy, in accordance with United States law
and the law of countries where the project content is predominantly
accessed (if any), that recognizes the limitations of copyright law
(including case law) as applicable to the project, and permits the
upload of copyrighted materials that can be legally used in the
context of the project, regardless of their licensing status.

----
In the case of HuWiki the country is Hungary, so accordingly, the
policy must be in accordance with US and Hungarian law.

My question is: does this mean that the project should not permit the
use of content that according to Hungarian copyright law cannot be
legally distributed without the copyright holder's permission?

Let's take album covers as an example. Hungary, just like Germany
doesn't have a broad equivalent of "fair use". According to Hungarian
law, album covers cannot be distributed without permission.

But one could say, that Hungarian copyright law doesn't make it
illegal to upload these images to servers located in the United
States. By doing so you're not breaking any laws.

On the other hand you'll break Hungarian copyright law, when you
create a DVD containing all the "fair use" images that are in HuWiki
right now and start distributing it in Hungary (even for free).

So which interpretation is correct? Can and should HuWiki's EDP allow
"fair use" images that can only be used without permission in the US,
but not in Hungary?

Thanks,
nyenyec