[WikiEN-l] Re: Could an Administrator please look into this conflict?

[Fred Bauder]

If a copyright violation is not promptly removed for some reason, the  
person or entity complaining needs to be pointed to our designated agent

http://wikimediafoundation.org/wiki/Designated_agent

Such contact is not a legal threat but an appropriate action which  
allows Wikipedia to solve the problem.

There is no reason someone could not continue editing under those  
circumstances.

Keep in mind that a copyright holder has the right to demand and  
enforce removal

One thing that happens, of course, is that demand is often made by  
some one that has little or no claim to the copyright they seek to  
enforce. Verifying whether a claim is valid is a legal matter which  
can be resolved after contact is made with the designated agent.

Fred

On Jan 25, 2006, at 1:26 PM, Philip Welch wrote:

>> The point of the "no legal threats" policy is that legal threats end
>> discussion. Once lawyers and courts are involved, discussion is  
>> over and
>> you're on to adjudication. In other words, when someone is  
>> actually carrying
>> out legal action, talking about it on Wikipedia is pointless-  
>> which means
>> that legal threats have absolutely no value for any kind of rational
>> discussion.
>>
>> So, as you are asking, how should someone enforce their legal rights?
>> Answer: By pointing out their legal rights, without making  
>> threats. "This
>> item is my intellectual property and you do not have permission to  
>> use it."
>> At that point, we should remove it immediately. There is no need  
>> to mention,
>> or benefit from mentioning, lawyers or lawsuits.
>>
>
> I don't think we should penalize copyright holders for serving WP  
> with a cease-and-desist for a copyvio, whether formally or  
> informally, although we might want to require them to, as a  
> prerequisite for their future participation, state that their  
> grievances are met and that no further action will be taken.
>
> -- 
> Philip L. Welch
> http://en.wikipedia.org/wiki/User:Philwelch
>
>
>
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