[Foundation-l] BitTorrent Downloads of enwiki Images

[Ray Saintonge]

christophe.henner at wikimedia.fr wrote:

>On 11/03/07, Jeffrey V. Merkey <jmerkey at wolfmountaingroup.com> wrote:
>  
>
>>The real issue is that when I receive DMCA notices, the "uploader" or
>>"provider" of the content is the Foundation if the author cannot be
>>identified or contacted. In response to Anthere, the real issue for the
>>foundation is this:
>>    
>>
>The point is I don't see what the DMCA have to do with redistribution
>of free images. With Fair Use I can see but, in my opinion, the
>Foundation shall NOT give any autorization for redistribution of fair
>use image, or even help at it.
>
It's not that we "shall not"; it's that we cannot because it's not our 
authorization to give.  It would be wrong to give such permission 
because it leaves the impression that we can give it.  This has no 
bearing on whether the requester uses it or not.  His and our fair use 
derive independently of each other.  It's his own responsibility to 
verify whether his uses qualify as fair use. 

Ec