[WikiEN-l] Uploading images should be a privilige, not a right

[Anthony]

On 7/21/06, Mark Wagner <carnildo at gmail.com> wrote:
> On 7/21/06, Anthony <wikilegal at inbox.org> wrote:
> > On 7/21/06, Stan Shebs <shebs at apple.com> wrote:
> > > If you have a suggestion that doesn't involve large numbers of
> > > nonexistent volunteers working all hours to keep WP out of
> > > legal peril, feel free to enlighten us.
> > >
> > Here's one: when people send in a DMCA takedown notice, remove the
> > material, notify the uploader that her materials have been removed
> > (via their talk page and email if the address is known), and provide
> > them with an opportunity to send a written notice to the service
> > provider stating that the material has been wrongly removed.  If the
> > uploader provides a proper "counter-notice" claiming that the material
> > does not infringe copyrights, then promptly notify the claiming party
> > of the individual's objection.  However, only restore the image if
> > there is also a consensus that the image is "free enough" within the
> > project's guidelines.
>
> Or in other words, stick our heads in the ground and pray that
> everyone opens fire with a takedown notice rather than a lawsuit.
> Even if the law protects Wikipedia from liability when a user
> infringes copyright, that still needs to be proven in front of a
> judge, and even an immediate dismissal requires thousands of dollars
> in lawyers' fees.

The question was how to "keep WP out of legal peril".  Obviously
creating a good encyclopedia involves more than just this.

Anthony