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

geni geniice at gmail.com
Sat Jul 22 00:26:42 UTC 2006


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.
>
> Anthony

I'm not sure the DMCA system exists under England and Wales law and
the evidece suggests the courts will think wikipedia is within their
juristiction. You are reduced to gambleing on their being no way for
the foundation to suffer any monitery hurt from the uk.

What about the Netherlands? Or france? Or Korea. Do they follow the DMCA system?


-- 
geni



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