[Foundation-l] Office action

[James Alexander]

On Wed, Jun 2, 2010 at 7:13 PM, Klaus Graf <klausgraf at googlemail.com> wrote:

> For me there is no reason to believe that Mr. Godwin is a good lawyer.
>
> If he receives a formal (blah-blah) correct take-down-notice he will
> take OFFICE ACTION.
>
> It was clearly un-lawful to take down the TU Munich logo which isn't
> protectable according German copyright law but WMF has done so.
>
> It is a shame that WMF hasn't a policy of TRANSPARENCY regarding
> office actions. The right of the community to get all information
> cannot be overruled by Mr. Godwin's personal opinions about secret
> things.
>
> If WMF or it's god-like counsel (who wasn't able to accept critics
> since I am reading this list) has taken office action - there is no
> way to appeal. Roma locuta causa finita ...
>
> Klaus Graf
>
>

Obviously some (including you) disagree but I don't feel like Mike has in
any way "rejected" his critics. The is also obviously a misunderstanding
about your ability to "appeal" the action. As Mike said in the email thread
regarding the frWS deletions they wouldn't redelete it if someone uploaded
it with an affidavit that they had the right to do so. Perhaps we should be
trying to find easier ways to make everyone understand the options that the
uploaders/community have when the WMF gets a takedown notice but of course
you need to avoid fully giving legal advice.

It does not seem unreasonable (and to be honest seems required within the
law) to delete the content when you get a proper notice. If someone then
objects and reuploads the the original requester has to take legal action if
they want it down, then it's up to the courts and if the courts say it has
to come down it does... basically period.

James

James Alexander
james.alexander at rochester.edu
jamesofur at gmail.com