[WikiEN-l] Rule of Law

Tue Jan 27 18:48:02 UTC 2004

Fred Bauder wrote:

>We need to especially follow our own "laws", Wikipedia terms of use, our own
>bylaw. Definitely copyright law which all members need to learn and respect
>for the welfare of the project. Since we are not copyright experts we need
>to make conservative interpretations.
>
>With respect to real world law in general, we need to use common sense. For
>example, in Colorado, it is slander to speak ill of the dead.
>Unconstitutional but on the books last I heard. 
>
The common sense approach should apply in all cases.  Following a law 
just because it is on the books is silly, as the Colorado example 
plainly shows.  The spirit of the laws is far more important than the 
letter of the law.  

Respect for copyright law does not mean taking it to the point of 
putting ourselves at extreme disadvantage.  If in a given situation two 
interpretations are reasonably available there is nothing wrong with 
opting for the more favorable one.  An ISP does have the duty to remove 
clear copyright violations when he finds them without being notified. 
 If there are reasonable doubts about the violation it should stay until 
there is a direct complaint by an authorized person; at that point there 
will be plenty of time for review.

I also follow the principle that there is no copyright unless someone 
exists to own it.  

Ec