[Foundation-l] Texts deleted on French Wikisource
saintonge at telus.net
Tue Jun 8 18:35:12 UTC 2010
wiki-list at phizz.demon.co.uk wrote:
> Ray Saintonge wrote:
>>>>> And how are you determining that a work is orphaned? What JuJU do you
>>>>> have to declare that a work is free to use commercially?
>> Whether a work is orphaned will vary from one work to another. Do you
>> have a specific work in mind? I was just providing a plausible
>> circumstance where this might apply.
> That's why I asked how you are going to go about reliably ascertaining
> that a work is orphaned. Just because a work hasn't be republished over
> a period of time is no guarantee that not a reliable guide to it being
> orphaned. The creator may not want it to be republished during his or
> her lifetime. The creators estate may similarly not want it republished,
> or they may not even want it republished in digital form.
There is no single technique that will allow this to be determined
...That is why I asked you about what specific work you had in mind.
The purpose of copyright is to protect the economic interests of the
creator. Using copyright to completely prevent the republication of a
work is an abuse of copyright. No one has suggested that time alone
will render a work orphaned; you are confusing my premises with their
consequences, and fighting ghosts.
>> I said nothing about commercial use
> By adding the work to wikisources you are unilaterally adding a license
> declaring that it is free to use commercially. Which is regardless of
> the actually wishes of the actual copyright owner as you simply do not
> know what the copyright owner wants.
There is no question adding a licence when the usage is one already
permitted by law, as would be the case with the library and archives
exemptions. It is only in the minds of the chronically doctrinaire that
your proposed licence makes any sense.
>> I have no idea what you mean by "JuJU".
> I mean what supernatural power are you in possession of that enables you
> to strip copyright from work and declare it free to use?
Just because you support the use of primitive fetishes or Yoruba dances
to determine copyright status does not warrant your tendentious and
libelous accusation that I have engaged in the same witchcraft.
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