[Foundation-l] [Commons-l] PD-art and official "position of the WMF"

Mon Aug 25 21:02:24 UTC 2008

Yes, exactly. Thus, if the Italian-language OTRS receives a takedown
notice, the appropriate response, I think (correct me if I'm wrong) is
not to cave and delete everything out of fear but to 1) direct the
sender of the notice to send it to the Foundation itself, and 2) to
ask the Foundation office for further advice as well.

Mark

On 25/08/2008, Cary Bass <cary at wikimedia.org> wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Patricia Rodrigues wrote:
>> 3) Administrators and/or OTRS personnel receiving take-down orders. What
>> should they do? Contact our designated agent (Mike Godwin/Sue Gardner)?
>> The legal counselor (Mike Godwin)? Ignore such orders and show them
>> {{PD-Art}}, stating we can't do anything because it's against policy? Even
>> if that means ignoring local legislation? (in "local" here I mean where
>> these people are physically located - do they become liable for not taking
>> down such content when prompted to?)
>> *"We're teaching the world to free up content" - by breaking/ignoring
>> local laws? Again, I question the methods. Why are we then accepting the
>> lack of Freedom of panorama in the USA, or even following USA's
>> interpretation of the Rule of the shorter term? These are also limitations
>> to freedom of use, and on Commons we accept media from other countries
>> that are not following strictly USA's interpretations on these matters...
>> are we doing wrong? Should we start choosing which laws we deem "stupid"
>> (I actually read this term on the discussion about changing PD-Art) and
>> ignore them, regardless of them being US laws or not? This is not a
>> rhetorical question.
>> So, I'm afraid that some things have not been really clarified... but the
>> main one is: which copyright laws must/should Commons follow, in order to
>> be absolutely compatible with WMF's values and licensing policies? Because
>> the Board resolution from 2007 is not including Commons. Are we in a legal
>> vacuum?
>
> Actually, any take-down orders (DMCA or otherwise legal) should be sent
> directly to the foundation office as designated agent (via email, fax or
> mail) for handling.
> - --
> Cary Bass
> Volunteer Coordinator
>
> Your continued donations keep Wikipedia running! Support the Wikimedia
> Foundation today: http://donate.wikimedia.org
> Wikimedia Foundation, Inc.
> Phone: 415.839.6885 x 601
> Fax: 415.882.0495
>
> E-Mail: cary at wikimedia.org
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.8 (Darwin)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
>
> iEYEARECAAYFAkizGUsACgkQyQg4JSymDYn7GACcDcAwYIf5TjLR3jj06wR1COE4
> c/QAoJBmYpfWy4S//hwVNrkR/C14Pw7D
> =ufi8
> -----END PGP SIGNATURE-----
>
> _______________________________________________
> foundation-l mailing list
> foundation-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
>