[Foundation-l] RfC: A Free Content and Expression Definition

[Delphine Ménard]

On 5/2/06, Erik Moeller <eloquence at gmail.com> wrote:

> While en.wp has initially been extremely liberal in its application of
> "fair use", a few other Wikipedias prohibit it entirely. I think it's
> time that we work towards fair use / fair dealing policies on all
> Wikimedia projects. This is going to be a bit tricky as we have to
> distinguish between the law that applies to the uploader of the work,
> and the law that applies to the Wikimedia Foundation which is hosting
> the work.
>
> I would appreciate a legal opinion on how to best achieve this - my
> own feeling is that the fair use policies of a project like de.wp or
> nl.wp should explain the legal situation in countries where these
> languages are predominantly spoken, while allowing the freedoms
> granted under U.S. law.

Until we have an answer to "are the authors or is the Foundation
ultimately responsible for the content of the Wikimedia projects?" -
which I believe we will only ever get if we go to court, I do not
believe there is a clear answer, legal or not, to the question.

My take on this is:

-FL law comes first
-You must respect whichever local law is yours (country of residence)
when you edit Wikimedia projects.

In any case, (and maybe unfortunately) editing Wikimedia projects
which are physically based in Florida *does not* grant you *more*
rights than those you have in your own country.

Internet is not a lawless zone.


Delphine

--
~notafish