[Foundation-l] Texts deleted on French Wikisource

[Mike Godwin]

On Wed, Jun 2, 2010 at 1:45 PM, <WJhonson at aol.com> wrote:

>
>
> It's not about what you cannot do, it's about what you CAN do.
> In light of the evidence that some of the works are in the public domain in
> France, are you willing to stop taking down the material?  That's the real
> issue here.
>
> We can simply repost the material, but it's moot, if you're going to keep
> taking it down.
>
>
Actually, you misunderstand the law of copyright notice-and-takedown.  If
you repost the content, compliant with applicable notice-and-takedown law,
and accompany the reposting with a sworn affidavit that you have the right
to repost it, we won't take it down.

Please be advised that I can't be your lawyer in this matter -- I represent
WMF -- but I am certain that any lawyer you retained would advise you how to
go about reposting material removed pursuant to a formally correct takedown
notice (which is what we received).

It's really, really helpful to me if, prior to recommending what WMF should
do in response to a takedown notice, you familiarize yourself with the
relevant law. If you had done so in this instance, you would know already
that we're not "going to keep taking it down."


--Mike