On 7/21/06, Anthony wikilegal@inbox.org wrote:
On 7/21/06, Stan Shebs shebs@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?