On 11/27/05, Anthony DiPierro <wikilegal(a)inbox.org> wrote:
Again, from a legal standpoint, I don't think it
should matter whether
99% of editors and readers live in Poland or 5% do. So if someone
*could* sue Wikipedia for an image in the Polish Wikipedia, then they
probably *could* sue Wikipedia for an image in the English Wikipedia.
In case it's not clear, I'm implying here that Wikipedia probably
*could* be sued for copyright infingement which is fair use even on
the English Wikipedia.
I've had some conversations with actual lawyers about this, and
they've suggested that this is possible even in the case of images
whose copyright is held by US companies. The US company could get a
ruling in a foreign court using foreign laws. Whether or not this
ruling could be enforced is another question, but as Wikipedia is
starting to hold assets in lots of different countries that part is
becoming easier.
Anthony