[Foundation-l] Letter to Baidu and press release "Baidu Baike copies content from Wikipedia without attribution" draft
HW
waihorace at yahoo.com.hk
Mon Apr 25 00:18:07 UTC 2011
Chinese Wikipedian is not required Baidu to give them money, but:
1. Remove the copyright violation materials
2. Change Baidu Baike to CC-by-sa in order they don't want to remove
3. Block the editor who copy content from Wikipedia
HW
________________________________
寄件人﹕ Ray Saintonge <saintonge at telus.net>
收件人﹕ Wikimedia Foundation Mailing List <foundation-l at lists.wikimedia.org>
傳送日期﹕ 2011/4/25 (一) 6:18:51 AM
主題: Re: [Foundation-l] Letter to Baidu and press release "Baidu Baike copies
content from Wikipedia without attribution" draft
On 04/24/11 9:35 AM, David Gerard wrote:
> Baidu Baike clearly have a considerable potential liability in terms
> of violation of copyright, including under Chinese law (assuming CC
> by-sa holds up).
>
> If they're traded on the stock market in Hong Kong (or anywhere else)
> - have they filed appropriate notices with the relevant financial
> oversight bodies noting this outstanding potential liability? If not,
> why not, and could they be in danger of penalties for not having done
> so?
Reading through this thread only reveals how thoroughly fucked up
copyright law really is! The Baidu situation does point to a prima
facie case of copyright infringement and blatant plagiarism, but we can
do no better than the inhabitants of Flatland after their world was
struck by a three-dimensional object. In theory the writers of
collaborative material have a right of action against the infringers, or
against those who violate the moral right of attribution. In practical
terms, if the owner can be identified the costs prosecuting violations
on the other side of the world are so far out of proportion to any
potential maximum penalty as to turn any such action into a fool's
errand, even in a class action. Nevertheless, when we apply the law to
ourselves it's with such exactitude that we put ourselves in an
immediate disadvantage.
Ray
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