[Foundation-l] Proposed revised attribution language

Ray Saintonge saintonge at telus.net
Sat Mar 21 00:44:40 UTC 2009

geni wrote:
> 2009/3/20 David Gerard:
>> This is what I mean when I say this is not a game of Nomic, and the
>> law is squishy. Does anyone actually think they could stop someone
>> from doing this? (If so, you're too batshit crazy to be listened to in
>> this discussion.)
> DMCA take down notice. Ebay will likely follow it. By the time the
> person has decided if they want to risk taking the matter through the
> court the auction will be over.
> As for how it would work out in court? With material under the GFDL
> their position would be rather hard to defend. No GFDL no excuse for
> use they lose the case.
> Under CC-BY-SA it boils down to the reasonable to the medium and means
> clause which is a rather more defendable position.
Who will issue the take down order to start with? Properly speaking, the 
person who issues the order in relation to his own work, so he must 
identify where his own rights have been infringed.  He has no business 
asking eBay to take down the work of any other contributor to the 
article.  He also needs to establish that his expression has been 
infringed, and not his contributed information, which is not copyright.  
If I am one of the other contributors who has personally given 
permission for my work in the same article to be used I have equal 
rights to do so as a co-author.  I can even issue a put-back order 
challenging the take down, designating where I want the case heard.  I 
will always have the Merchant of Venice, pound-of-flesh argument on my side.

I grant that the ephemeral nature of eBay material seriously diminishes 
the practicality of the process on that site, but I'm sure that, if 
necessary, other websites would become known where the material is 
placed there with the intent of being there longer.

I don't characterise taking the matter to court as a risk, but as a 
pleasure.  Some of the possibilities are so remote that I would have to 
wait until Clint Eastwood dresses in pink chiffon and waves a fairy wand 
when he says "Make my day!"


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