[Foundation-l] Fair Use (again)

[Gerard Meijssen]

Andrew Gray schreef:
> On 30/01/07, teun spaans <teun.spaans at gmail.com> wrote:
>   
>> Does this imply that an Italian chapter could be sued for fair use images on
>> the english wiki?
>>     
>
> It has been an absolute principle that Chapters Are Not Responsible In
> any Way For The Projects. They're associated bodies, but there should
> never be any implication they're publishers.
>
>   
Hoi,
It is OUR principle that this is the case. It does not mean that a judge 
will see it that way. In Germany we have already had the German chapter 
in court because of content on the German language Wikipedia.
> I mean, anyone can be sued for anything by anyone, but hopefully it
> would be a pretty fast dismissal and order to pay costs for a
> frivolous suit as soon as a court looked at the actual facts :-)
>
>   
>> Does this mean that the english wiki could potentially be blocked in Italy
>> if "fair use" images are of italian origin?
>>     
>
> Depends; are the Italian courts in favour of issuing gagging orders
> for something as relatively trivial as copyright? I find it very
> implausible...
Again, it is for the judge to decide. What is "relatively trivial" is 
not necessarily seen in the same light by a judge.
Thanks,
    GerardM