[WikiEN-l] HD DVD key mess - OFFICE/Foundation?

[Ray Saintonge]

Gregory Maxwell wrote:

>On 5/3/07, Ray Saintonge <saintonge at telus.net> wrote:
>  
>
>>making unilateral determinations of what is and is not illegal.  It can
>>suggest to a community that given content may be clearly illegal, but in
>>the absence of a proper legal demand it remains up to that community
>>itself to take the action it deems fit.
>>    
>>
>It sound like you're saying the foundation should always "wait for the
>takedown" even if it knows for sure that material is illegal. Bad
>advice. Actual knowledge of infringement removes the safe harbor for
>copyright infringement under OCILLA. What actually constitutes actual
>knowledge may be debatable... but that doesn't appear to be accounted
>for in your suggestion.
>
What constitutes actual knowledge is indeed highly debatable.  What we 
should be very much avoiding is the word of third parties with no 
connection to the work. 

Ec