[WikiEN-l] Balance of sanction [Was: Arbiter involvement on the Durova affair]

[Ray Saintonge]

Ken Arromdee wrote:
> On Fri, 30 Nov 2007, George Herbert wrote:
>   
>>> Actually, there's one "remedy" that can be applied: give permission for
>>> the message to be posted.
>>>       
>> If there's a copyright claim in play (and all I have to go on is what's on
>> wiki and public emails on this, which are suggestive but not conclusive),
>> then nobody on Arbcom or at the Foundation has the legal right to say that.
>>     
> They can't give copyright permission, but they could give permission in all
> other ways.  If Giano had to worry *only* about fair use, and not also
> about violating Wikipedia rules about posting private correspondence, he
> might be able to post it.
>
> Furthermore, I find it disingenuous that a DMCA notice (which may or may not
> have been sent by Durova, because nobody's willing to say anything) is not
> considered to be a legal threat that violates the No Legal Threats policy.
One needs to distinguish between legal actions and legal threats.  The 
issue of a formal DMCA notice would be a legal action.  It would be a 
legal threat if I said, "Stop doing X or I will sue you."  Legal threats 
are often tactics for intimidation, and they are effective when most 
people are fearful of any kind of legal action.

I have often said however that all formal DMCA notices should be 
considered public documents.  Once they are public anyone has the 
standing to issue a put-back order.

Ec