[Foundation-l] Texts deleted on French Wikisource
mnemonic at gmail.com
Thu Jun 3 14:26:21 UTC 2010
On Thu, Jun 3, 2010 at 2:43 AM, Ray Saintonge <saintonge at telus.net> wrote:
> It seems then that there is a question of jurisdiction involved. It has
> been my long held understanding that the Wikimedia projects have operated
> under the laws of the United States, and that WMF has been consistent in its
> view that chapters are not responsible for the contents of the projects. Why
> then do we now compromise this by relying on what the French courts might
> say if the takedown notices are issued under US law?
It turns out that foreign copyright judgments are more easily enforceable
against U.S. entities in United States courts than other kinds of
judgments, due to the copyright lobby's efforts to shape international
copyright and enforcement treaties.
Counter-notices would also be produced under US law. There is no
> requirement that the person who files a counter-notice be the same person
> who posted the original material. The original takedown notice needs to be
> a public document in order to enable any person considering a counter-notice
> to form the required good faith belief that the material was taken down
> because of a mistake or misidentification, or to challenge whether the
> takedown notice was compliant with all the requirements of such a notice.
> Thus I would suggest that the notices are not privileged in the way that
> other correspondence or discussions would be.
We made the details of the notice public, as Nathan has already shown.
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