[Foundation-l] Loriot and DCMA

[Klaus Graf]

WMF has deleted some German stamps with Loriot motives although German
community consensus is that they are in the Public Domain:

https://commons.wikimedia.org/wiki/Commons:Forum#Wohlfahrtsmarken_mit_Loriot-Motiven_sind_dem_DMCA_zum_Opfer_gefallen

https://commons.wikimedia.org/wiki/User_talk:Philippe_%28WMF%29#File:DPAG_2011_55_Herren_im_Bad.jpg
(English)

There is NO entry at

http://wikimediafoundation.org/wiki/Category:DMCA

"If your contribution was the subject of a takedown demand under the
DMCA and you believe that your contribution did not violate copyright
law, you may wish to file a counter-notification."

The discussion cited above gives no evidence for a formal takedown
according DMCA.

As German copyright expert (although not lawyer) I protest against the
decision of WMF

- to believe in a German counsel which has shown its incompetence
several times and which has given legal advice in unclear cases
against the vital interest of free content

- not to search the communication with the community as soon as possible

- not to make such a scandalous action of the Loriot heirs public.

There is a German court decision clearly saying that the stamps are
Public Domain and the legal literature ignoring that is wrong.
Therefore for me it is CLEAR that the stamps are in the Public Domain
and if WMF's counsel has another opinion he has to search the
discussion with the community like all others. Only in the case of a
formal takedown notice it is the right of WMF to overrule the
community consensus.

This is NO single case decision. If WMF accepts German stamps as not
free this will have heavy implications. It is not reasonable to let
the German community in the dark according the position "Hey feel free
to store German stamps on Commons and on de WP but if a rights holder
contacts us we will remove them".

I clearly support all users who are viewing this deletion as not
acceptable overruling community consensus and the communication after
the deletion as not appropriate.

Dr. Klaus Graf