[Foundation-l] Texas Instruments signing key controversy

[wjhonson at aol.com]

 But Dan your reply allows any illegitimate claim of copyright infringement to be acted upon as an office action.

It's possible that we could say that the office cannot know whether a claim is legitimate or not, but if the office is informed through a reliable source that a claim is illegitimate and they have taken action, are they obligated to refuse the positive action they've taken?

That's the issue.

W. J.

 


 

 

-----Original Message-----
From: Dan Rosenthal <swatjester at gmail.com>
To: Wikimedia Foundation Mailing List <foundation-l at lists.wikimedia.org>
Sent: Tue, Mar 2, 2010 7:26 pm
Subject: Re: [Foundation-l] Texas Instruments signing key controversy


I think you're misconstruing who is doing what here. The Foundation is not the 
"person" required to send the counter notice, nor do they have the freedom or 
the obligation to involve themselves in a copyright dispute between TI and 
another user. It's not their determination to make whether the action is 
necessary or not.

-Dan
On Mar 2, 2010, at 9:50 PM, Techman224 wrote:

> It has come to my attention that the Wikimedia Foundation through its "Office 
actions" policy removed and oversighted the signing keys for Texas Instruments 
calculators under a DMCA takedown notice on October 7, 2009. Cary Bass then 
oversighted all revisions that had the signing keys. Let me just say it might 
not be necessary to continue to block the signing keys. The Electronic Frontier 
Foundation has reported that they warned Texas Instruments about the DMCA 
notices as noted, "the DMCA explicitly allows reverse engineering to create 
interoperable custom software like the programs the hobbyists are using." [1]. 
Further Texas Instruments failed to respond to the letter and the deadline, so 
the bloggers who put up the codes put them back up. [2] Also a student at a 
university who posted the keys to his own personal page at the university filed 
a DMCA 512 counternotice. With all of this is mind, as since the keys are still 
up today, could we please remove the Office action an
 d allow the keys to be posted, and un-oversight all the revisions so we could 
end all this vandalism and controversy on-wiki? It would be a good step to tell 
Texas Instruments that this is just a "Baseless Legal Threat". Also, if it's not 
lifted, could the Foundation explain why isn't removing the Office action? If we 
do allow the keys on Wikipedia, I pretty much think the EFF would support us all 
the way.
> 
> Thanks,
> 
> Techman224
> 
> Links:
> 
> [1] http://www.eff.org/press/archives/2009/10/13
> [2] http://www.eff.org/deeplinks/2009/10/texas-instruments-stop-digging-holes
> _______________________________________________
> foundation-l mailing list
> foundation-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l


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