[Foundation-l] Loriot and DCMA

[Risker]

Hi Klaus - Since it appears that this deletion is clearly labeled an OFFICE
action, have you communicated with the WMF legal counsel?  DCMA takedowns
are not the only reason for OFFICE deletions.

Risker

On 11 November 2011 13:16, Klaus Graf <klausgraf at googlemail.com> wrote:

> 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
>
> _______________________________________________
> foundation-l mailing list
> foundation-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
>