[Foundation-l] Turn the things the other way around "Baidu Baike copies content from Wikipedia without attribution"

[Andre Engels]

On Mon, Apr 25, 2011 at 8:45 AM, Joan Goma <jrgoma at gmail.com> wrote:
> As Ray saids legal prosecution to claim for formal accomplishing of the
> copyright terms is expensive and difficult. But the same happens the other
> way around.
>
> I would like to have a clear legal opinion about applying the terms without
> going to court.
>
> They have copied articles from Chinese Wikipedia and translated articles
> from English and Japanese Wikipedia so in my opinion their work is a
> derivative one and according to the CCSA terms it is also CCSA no mater what
> they say.

I disagree. The license doesn't make derived works CCSA, it makes it
illegal to publish them unless under CCSA terms. You can't just go
from "you were not allowed to do X without my permission", "I gave you
my permission provided you did Y" and "you did X" to "you did Y".
Also, think of the effect that this would have on the rights of other
people who submitted material to Baidu Baike. They have never agreed
with the CCSA or even knowingly had anything to do with it, yet their
material is brought under that license.

-- 
André Engels, andreengels at gmail.com