On Fri, Sep 30, 2011 at 11:01 AM, Gautam John <gautam(a)prathambooks.org>wrote;wrote:
Vickram:
I am not insisting that WMF or the Chapter take
the lead in this matter -
there are plenty of NGOs and brave individuals out there fighting for the
preservation of our fundamental rights. But in this case, it is precisely
WMF (or if you please, the Chapter, although I don't really see the
connection, unless the Chapter charter includes a specific assignment of
rights from the Foundation for such purposes) that is the aggrieved
party,
having posted information (or, to be legally
specific, enabled the
posting)
in the public domain for the common weal, that
has been sought to be
stolen
arbitrarily and without any form of legal
sanction.
Actually, in this case the aggrieved party is not the Foundation or
the Chapter but Arun Ganesh. Neither the Foundation nor the Chapter
derive any rights from the content being available on a WMF project.
In this particular case, doubtless Arun Ganesh is specifically aggrieved,
since it was his picture the Government has acquired al la Singur (but
without the comforting legislative sanction such actions normally need), but
WMF's ability to display content in the public domain would be rather
severely constrained if government functionaries made a habit of this sort
of thing. As a matter of fact, we have been discussing on separate threads
just how much that ability is constrained by new definitions in India
extending copyright in text and picture for extended periods that even the
pharmaceutical sector does not enjoy for formulations that have been brought
into the market only after the expenditure of several millions of dollars
(which they ameliorate by 'conducting' clinical tests in India winkety wink
but that's another tale for another thread) in developmental costs.
My query was only to establish whether Wikimedia
in general is playing an
active role in the courts in such matters, in India as well as abroad.
Not in India - it's far too soon but in the US, the WMF has filed, via
EFF, an amicus brief in an ongoing litigation in the US. More here:
http://www.gossamer-threads.com/lists/wiki/foundation/239118
Many thanks Gautam. I agree it is probably a little early for the Chapter,
an organisation that is in effect just getting off the ground, but perhaps
it can be taken on board.
Thank you.
Best,
Gautam
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--
Vickram
Fool On The Hill <http://communicall.wordpress.com>