[Wikimedia-l] Fwd: [Commons-l] FOP in Europe: does this include WWII monuments with art?

Lodewijk lodewijk at effeietsanders.org
Sun Mar 3 10:24:24 UTC 2013

However, the location of the servers wasn't the topic of the original
discussion :) So jumping back to that: Is there already a clear outcome on
the Commons community regarding the possible deletion of images that are
legal in the country of origin but might not be permitted under US
copyright law?


2013/3/3 Fae <faewik+commons at gmail.com>

> On 3 March 2013 06:50, James Alexander <jamesofur at gmail.com> wrote:
> > On Sat, Mar 2, 2013 at 3:59 AM, Tobias Oelgarte <
> > tobias.oelgarte at googlemail.com> wrote:
> >
> >> The problem are not the European laws. It are the US laws that don't
> >> recognize the European FOP. That means it would be perfectly legal to
> host
> >> such images on an European server (in a country that recognizes FOP),
> but
> >> not on US servers, because they are subject to US law.
> >>
> >
> >  I'm sorry, I keep seeing this argument and while I can understand the
> > basic idea every time I see it I feel like little kitten dies. There is
> no
> > doubt that the US FOP laws are a little insane and that the EU ones are
> > generally much more lenient, however, it is obviously far far more
> > complectated then that. There are plenty of EU laws which would are
> > applicable to site/image hosting which are far more complicated and
> harder
> > (or impossible) for us to follow. Overall the laws in the US have still
> > tended to be much much better to host, and that doesn't even get into the
> > problem of hosting in multiple locations and still trying to serve to a
> > site hosted (or with staff) in the US.
> *No kittens were harmed during this discussion*
> We should keep an open mind, and the location of the servers to
> support the global movement should be reviewed and seen to be reviewed
> on a periodic basis, if nothing else international law, economics and
> political stability, changes every year. By default, we would never
> change unless there were jolly good reasons to justify the hassle and
> expense; though folks are always going to enjoy challenging the status
> quo, which is probably a healthy thing and the kittens get their
> dinners regardless.
> Cheers,
> Fae
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