[Foundation-l] re GFDL publisher credit

Fri Jul 14 23:12:24 UTC 2006

Anthony wrote:

>>I presume that with "optionally" you are referring to WMF retaining the
>>option to sue or not sue based on the circumstances of the situation,
>>and not that each editor has an option about naming WMF as agent ...
>>sometimes.  The alternative would only create more confusion when the
>>WMF's right to pursue the matter comes up.  On the other hand, it would
>>be ridiculous to demand that WMF pursue with vigour every bit of
>>perceived copyvio.
>>
>>    
>>
>What I'm saying is that if the WMF requires me to give it the right to
>enter into copyright lawsuits on my behalf, I won't ever contribute
>anything to Wikipedia or any of the other projects again.  (I suppose
>I'd make an exception for those things that I'm willing to give to the
>public domain).
>
>I don't want the WMF to have the option to sue or not sue based on the
>circumstances of the situation.  I obviously can't stop others from
>giving them this right, but I won't give it to them for my own
>content.
>
>Anthony
>  
>
I hope that you are correct and I am wrong in a concern about the lack 
of a copyright over Wikimedia project content by the WMF.  I can't 
possibly envision all of the situations that real life might bring up, 
and I've seen over the years too many unusual situations to be able to 
even predict just what might be an issue in the future that would 
require a WMF copyright claim on project content.  It just seems as 
though the dismissal of claim of copyright hasn't been completely 
thought through, nor is this denial of claim formal either.

What I am suggesting is that if the WMF has a copyright claim on project 
content (not necessarily exclusive claim, which is a different issue), 
there are both good and bad legal points to be made about what the 
consequences of that copyright claim might be, as is also the case of a 
denial of copyright claim entirely.  Often some organizations will 
assume liability on behalf of their members, especially volunteers, for 
official activities of that organization.  The American Red Cross and 
the Boy Scouts of America are two organizations I know of that do this 
for their volunteers.  As a volunteer scouter, if I get sued because of 
my activities when involved with working with youth, the Boy Scouts will 
have their legal representatives consult with me over the situation and 
defend me in court.  There are official policies and such that must be 
followed, and I have to convince them that I was following those 
polices, but the safty net is there to help me volunteer.  I don't know 
how far the WMF would go to defend project contributors who are acting 
in good faith and follow project and WMF policies to the best of their 
ability.  I hope I never find out.

-- 
Robert Scott Horning