[Foundation-l] BitTorrent Downloads of enwiki Images
lars at aronsson.se
Sun Mar 11 02:58:53 UTC 2007
christophe.henner at wikimedia.fr wrote:
> 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
Regardless of the image metadata provided by the uploader, the
image could constitute slander, hate speech, child pornography,
disclosure of state secrets, or a copyright violation. I'm not
sure how the U.S. DMCA works, but similar laws in Sweden
(BBS-lagen, SFS 1998:112; LEK, SFS 2003:389) requires the hosting
provider to cooperate with the police in (a) taking down the
offensive content, and (b) tracing the uploader. If Jeff copies
images from Wikimedia and hosts them, tracing the (original)
uploader (the criminal offender) goes back through the WMF, e.g.
its IP logs.
I don't know if Jeff needs any permission from WMF. All he should
need to do, when he receives a take-down notice with a requirement
to trace the offender, is to point the police to WMF, and the
police could then contact the WMF if need be. Or something such.
Whether the uploader claimed this is "fair use" or "public domain"
or "creative commons licensed" doesn't matter much if the picture
was illegal in some other way to begin with.
Despite everything you might read in media, my impression (as a
hosting provider) is that in practice these laws work very well.
Lars Aronsson (lars at aronsson.se)
Aronsson Datateknik - http://aronsson.se
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