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

[Ray Saintonge]

Mark Wagner 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.
>
Defeatism? or copyright paranoia?  Try being realistic.  It's also going 
to cost the plaintiff to mount the suit, and he has the burden to prove 
that there was an infringement.  It will probably cost the plaintiff 
more to prosecute the suit than for any of us to defend; a sane lawyer 
will probably try to talk him out of it unless there really is a lot 
involved.  There are still nutcases who will go ahead, but their 
knoledge of copyright law is matched by their knowledge of legal 
procedure.  I am not afraid of lawsuits.

Ec