[Foundation-l] Baidu Baike & Wikipedia 百度百科與維基百科 (英文)

[Ting Chen]

Hello,

Fact is that Baidu doesn't care. We don't know who backs Baidu in China 
but with its prominent position it cannot be anyone very small. Maybe 
some of you remember that a few months ago there were media coverage 
about Hudong is going to sue Baidu because of copyright infringement, 
but that also just disappeared somewhere in the Chinese juristiction 
system. Rumor say that Hudong did it only to get some publicity. At this 
moment there is no point to sue Baidu, neither for any Wikipedian nor 
for WMF.

Greetings
Ting


On 21.04.2011 06:16, wrote RYU Cheol:
> RIght, WMF is not the copyright holder of articles as Free Software
> Foundation is not of GPLed source codes.
>
> Though WMF could give legal help for a Wikipedian to file a law suit or WMF
> could be an agent for the Wikipedian,
> WMF need to approach Baidu to discuss about attribution. I don't think Baidu
> has so much difficulties to do it.
>
> Cheol
>
> 2011/4/19 Thomas Dalton<thomas.dalton at gmail.com>
>
>> 2011/4/19 Dana Lutenegger<dana.lutenegger at gmail.com>:
>>> Actually, I'm pretty sure that on paper, Chinese law forbids this kind of
>>> copying without attribution. The issue is whether or not it can be
>> enforced
>>> in practice. If it was strictly enforced, a lot of Baidu Baike and Hudong
>>> Wiki would have to be seriously retooled, so I doubt it. However, there
>> have
>>> been recent cases in which copyright infringement claims have been upheld
>> by
>>> Chinese courts, such as the infamous "Starbuck" coffee chain in Shanghai.
>> I
>>> think that our legal counsel should at least be in touch with Baidu on
>> this,
>>> and perhaps try to get them to take down the material, attribute it
>>> properly, or agree to the donation or apology letter ideas.
>> The Starbuck case would be trademark infringement, not copyright, so
>> isn't a particularly useful precedent. I believe China has similar
>> copyright laws to the rest of the world, though (our article says they
>> have signed several international agreements on the subject:
>>
>> http://en.wikipedia.org/wiki/Intellectual_property_in_the_People%27s_Republic_of_China
>> ).
>>
>> Keep in mind, the WMF isn't the copyright holder, so there is a limit
>> to what the WMF's legal counsel can do. He could have a quiet word,
>> though, which could help.
>>
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-- 
Ting

Ting's Blog: http://wingphilopp.blogspot.com/