Re: [Foundation-l] Turn the things the other way around Baidu Baike copies content from Wikipedia without attribution

2011-04-25 Thread Ting Chen
This is definitively a wrong approach. Just because part of their 
content violate our license does not mean that ALL their content are 
under CC-SA-BY. No court will ever follow such a logic.

Greetings
Ting

On 25.04.2011 08:45, wrote Joan Goma:
 As Ray saids legal prosecution to claim for formal accomplishing of the
 copyright terms is expensive and difficult. But the same happens the other
 way around.

 I would like to have a clear legal opinion about applying the terms without
 going to court.

 They have copied articles from Chinese Wikipedia and translated articles
 from English and Japanese Wikipedia so in my opinion their work is a
 derivative one and according to the CCSA terms it is also CCSA no mater what
 they say.

 What about creating a bot to copy from Baidu all the articles not yet
 existing in Chinese wikipedia.

 Could Geoff Brigham provide us his legal advice?



 Message: 5
 Date: Sun, 24 Apr 2011 15:18:51 -0700
 From: Ray Saintongesainto...@telus.net
 Subject: Re: [Foundation-l] Letter to Baidu and press release Baidu
 Baike copies content from Wikipedia without attribution draft
 To: Wikimedia Foundation Mailing List
 foundation-l@lists.wikimedia.org
 Message-ID:4db4a1cb@telus.net
 Content-Type: text/plain; charset=UTF-8; format=flowed

 On 04/24/11 9:35 AM, David Gerard wrote:
 Baidu Baike clearly have a considerable potential liability in terms
 of violation of copyright, including under Chinese law (assuming CC
 by-sa holds up).

 If they're traded on the stock market in Hong Kong (or anywhere else)
 - have they filed appropriate notices with the relevant financial
 oversight bodies noting this outstanding potential liability? If not,
 why not, and could they be in danger of penalties for not having done
 so?
 Reading through this thread only reveals how thoroughly fucked up
 copyright law really is!  The Baidu situation does point to a prima
 facie case of copyright infringement and blatant plagiarism, but we can
 do no better than the inhabitants of Flatland after their world was
 struck by a three-dimensional object. In theory the writers of
 collaborative material have a right of action against the infringers, or
 against those who violate the moral right of attribution. In practical
 terms, if the owner can be identified the costs prosecuting violations
 on the other side of the world are so far out of proportion to any
 potential maximum penalty as to turn any such action into a fool's
 errand, even in a class action. Nevertheless, when we apply the law to
 ourselves it's with such exactitude that we put ourselves in an
 immediate disadvantage.

 Ray


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-- 
Ting

Ting's Blog: http://wingphilopp.blogspot.com/


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Re: [Foundation-l] Turn the things the other way around Baidu Baike copies content from Wikipedia without attribution

2011-04-25 Thread Andre Engels
On Mon, Apr 25, 2011 at 8:45 AM, Joan Goma jrg...@gmail.com wrote:
 As Ray saids legal prosecution to claim for formal accomplishing of the
 copyright terms is expensive and difficult. But the same happens the other
 way around.

 I would like to have a clear legal opinion about applying the terms without
 going to court.

 They have copied articles from Chinese Wikipedia and translated articles
 from English and Japanese Wikipedia so in my opinion their work is a
 derivative one and according to the CCSA terms it is also CCSA no mater what
 they say.

I disagree. The license doesn't make derived works CCSA, it makes it
illegal to publish them unless under CCSA terms. You can't just go
from you were not allowed to do X without my permission, I gave you
my permission provided you did Y and you did X to you did Y.
Also, think of the effect that this would have on the rights of other
people who submitted material to Baidu Baike. They have never agreed
with the CCSA or even knowingly had anything to do with it, yet their
material is brought under that license.

-- 
André Engels, andreeng...@gmail.com

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Re: [Foundation-l] Turn the things the other way around Baidu Baike copies content from Wikipedia without attribution

2011-04-25 Thread Ray Saintonge
On 04/24/11 11:45 PM, Joan Goma wrote:
 As Ray saids legal prosecution to claim for formal accomplishing of the
 copyright terms is expensive and difficult. But the same happens the other
 way around.

 I would like to have a clear legal opinion about applying the terms without
 going to court.

 They have copied articles from Chinese Wikipedia and translated articles
 from English and Japanese Wikipedia so in my opinion their work is a
 derivative one and according to the CCSA terms it is also CCSA no mater what
 they say.

 What about creating a bot to copy from Baidu all the articles not yet
 existing in Chinese wikipedia.

 Could Geoff Brigham provide us his legal advice?

Getting a legal opinion that what they are doing is illegal would be the 
easy part.  The challenge is what can you do with that opinion once you 
have it.

Copyright, and least in common law countries, is primarily an economic 
right.  In that context courts would be more concerned with the measure 
of economic damage.  How do you put a dollar figure on the damages 
suffered when the original authors weren't seeking to make money from 
it?  Whoever starts the fight still needs to fund prosecuting the 
battle, and that could be very expensive.

Ray

 Date: Sun, 24 Apr 2011 15:18:51 -0700
 From: Ray Saintonge

 On 04/24/11 9:35 AM, David Gerard wrote:
 Baidu Baike clearly have a considerable potential liability in terms
 of violation of copyright, including under Chinese law (assuming CC
 by-sa holds up).

 If they're traded on the stock market in Hong Kong (or anywhere else)
 - have they filed appropriate notices with the relevant financial
 oversight bodies noting this outstanding potential liability? If not,
 why not, and could they be in danger of penalties for not having done
 so?
 Reading through this thread only reveals how thoroughly fucked up
 copyright law really is!  The Baidu situation does point to a prima
 facie case of copyright infringement and blatant plagiarism, but we can
 do no better than the inhabitants of Flatland after their world was
 struck by a three-dimensional object. In theory the writers of
 collaborative material have a right of action against the infringers, or
 against those who violate the moral right of attribution. In practical
 terms, if the owner can be identified the costs prosecuting violations
 on the other side of the world are so far out of proportion to any
 potential maximum penalty as to turn any such action into a fool's
 errand, even in a class action. Nevertheless, when we apply the law to
 ourselves it's with such exactitude that we put ourselves in an
 immediate disadvantage.

 Ray



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Re: [Foundation-l] Turn the things the other way around Baidu Baike copies content from Wikipedia without attribution

2011-04-25 Thread David Gerard
On 25 April 2011 07:45, Joan Goma jrg...@gmail.com wrote:

 They have copied articles from Chinese Wikipedia and translated articles
 from English and Japanese Wikipedia so in my opinion their work is a
 derivative one


This is true.


 and according to the CCSA terms it is also CCSA no mater what
 they say.


No, this is absolutely not the case.

The licence is a permission, not a viral infection (despite the
confusion engendered by the licences being termed viral in another
context).

That you licence your work as CC by-sa does not make a further
derivative automatically CC by-sa. It means that if they distribute it
further (as they have) without obeying your licence (as they have not)
and without releasing their changes as CC-by-sa (as they have not),
then they are in violation (as they are).

*But* this *still* does not automatically relicence their work - it
just means they are in violation until they choose to do so.

You can't forcibly relicence someone else's work without a court
order, even if they are grossly violating your licence. You just
can't. It doesn't work like that.


 What about creating a bot to copy from Baidu all the articles not yet
 existing in Chinese wikipedia.


This is a terrible idea and you should not do it.


- d.

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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread Joan Goma
My interest in a legal opinion is not to know if what they do is legal or
not.

My interest is to know for example what can they do if I copy the content
they previously have translated from an English Wikipedia article I have
previously written.

How do they put a dollar figure on the damages suffered if the income they
get from that content is obtained from my work they have translated without
my permission?

They only have my permission to publish derived works under same license.
Then I have the right to copy the derived works back. So any damage they
could claim is exactly the same damage I suffer for not being able to do
those copies.




 Message: 5
 Date: Mon, 25 Apr 2011 01:11:25 -0700
 From: Ray Saintonge sainto...@telus.net
 Subject: Re: [Foundation-l] Turn the things the other way around
Baidu Baike copies content from Wikipedia without attribution
 To: Wikimedia Foundation Mailing List
foundation-l@lists.wikimedia.org
 Message-ID: 4db52cad.8010...@telus.net
 Content-Type: text/plain; charset=UTF-8; format=flowed

 On 04/24/11 11:45 PM, Joan Goma wrote:
  As Ray saids legal prosecution to claim for formal accomplishing of the
  copyright terms is expensive and difficult. But the same happens the
 other
  way around.
 
  I would like to have a clear legal opinion about applying the terms
 without
  going to court.
 
  They have copied articles from Chinese Wikipedia and translated articles
  from English and Japanese Wikipedia so in my opinion their work is a
  derivative one and according to the CCSA terms it is also CCSA no mater
 what
  they say.
 
  What about creating a bot to copy from Baidu all the articles not yet
  existing in Chinese wikipedia.
 
  Could Geoff Brigham provide us his legal advice?

 Getting a legal opinion that what they are doing is illegal would be the
 easy part.  The challenge is what can you do with that opinion once you
 have it.

 Copyright, and least in common law countries, is primarily an economic
 right.  In that context courts would be more concerned with the measure
 of economic damage.  How do you put a dollar figure on the damages
 suffered when the original authors weren't seeking to make money from
 it?  Whoever starts the fight still needs to fund prosecuting the
 battle, and that could be very expensive.

 Ray


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Re: [Foundation-l] A designer? (was: Better user experience and retention through e-mail notifications)

2011-04-25 Thread Dan Collins
On Apr 19, 2011 8:20 AM, Tim Starling tstarl...@wikimedia.org wrote:

 On 19/04/11 19:38, Milos Rancic wrote:
  MZMcBride's email about emails reminded me that every automated email
  from Wikimedia servers looks like a bunch of programming code.
 
  The first idea was that it would be better to have some better formatted
  emails with some more information (for example, I would like to see diff
  inside of my email when I get notification about changing my talk page).

 The main problem is that they are plain text instead of HTML.

This is most certainly /not/ a problem. What would be a problem would be if
MediaWiki chose to jump on the bandwagon of embedding huge external images
in emails to users. Bandwidth? Tracking? Smaller screens (mobile)? Text
interfaces?

--Dan
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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread WJhonson
In a message dated 4/25/2011 9:34:16 AM Pacific Daylight Time, 
jrg...@gmail.com writes:


 My interest in a legal opinion is not to know if what they do is legal or
 not.
 
 My interest is to know for example what can they do if I copy the content
 they previously have translated from an English Wikipedia article I have
 previously written.
 
 How do they put a dollar figure on the damages suffered if the income they
 get from that content is obtained from my work they have translated 
 without
 my permission?
 
 They only have my permission to publish derived works under same license.
 Then I have the right to copy the derived works back. So any damage they
 could claim is exactly the same damage I suffer for not being able to do
 those copies. 
 

I don't believe you could make the case that individual contributors have 
any standing to sue for copyright violations.  Similarly, when you contribute 
to the project, you are intrinsically giving up any rights you may think 
you possess in what you have written.  Your permission is a non-existent 
entity in the case of what you give to Wikipedia.


Will Johnson
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Re: [Foundation-l] A designer? (was: Better user experience and retention through e-mail notifications)

2011-04-25 Thread Chris Keating
On Mon, Apr 25, 2011 at 5:37 PM, Dan Collins en.wp.s...@gmail.com wrote:

 On Apr 19, 2011 8:20 AM, Tim Starling tstarl...@wikimedia.org wrote:
 
  On 19/04/11 19:38, Milos Rancic wrote:
   MZMcBride's email about emails reminded me that every automated email
   from Wikimedia servers looks like a bunch of programming code.
  
   The first idea was that it would be better to have some better
 formatted
   emails with some more information (for example, I would like to see
 diff
   inside of my email when I get notification about changing my talk
 page).
 
  The main problem is that they are plain text instead of HTML.

 This is most certainly /not/ a problem. What would be a problem would be if
 MediaWiki chose to jump on the bandwagon of embedding huge external images
 in emails to users. Bandwidth? Tracking? Smaller screens (mobile)? Text
 interfaces?


Every HTML email should come with an embedded plaintext version which will
display in the event the HTML is unrenderable. Explanation here:
http://kb.mailchimp.com/article/why-bother-with-plain-text-emails/

Looking at my most recent email from LinkedIn, it provides a list of updates
from the people I know, each illustrated with a thumbnail picture of them,
along with new connections which have been made in my network and posts
people have made. The marketing reason for this is to get people to interact
with the site by telling them interesting things that have happened.

That is actually almost identical to a selection of changes to watched
pages, new pages, and watched talk pages. We also have quite a powerful
reason to remind people to get involved with our projects - we know new
editors are unlikely to come back. So should we take a leaf from LinkedIn's
book here?

Chris
(User:The Land)
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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread Ray Saintonge
On 04/25/11 10:13 AM, wjhon...@aol.com wrote:
 I don't believe you could make the case that individual contributors have
 any standing to sue for copyright violations.  Similarly, when you contribute
 to the project, you are intrinsically giving up any rights you may think
 you possess in what you have written.  Your permission is a non-existent
 entity in the case of what you give to Wikipedia.

If the individual contributors don't have the standing to sue than 
nobody can! If contributing implies giving up intrinsic rights, why 
even bother with the mention of licences? If I understand it correctly 
Wikimedia has consistently refused even an assignment of the right to 
sue for infringement lest it jeopardize its status as an ISP. The WMF 
has no standing of its own on which to base an infringement suit.  One's 
permission may still legally not amount to much, but that's not the 
same as it's non-existence.

Ray

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[Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Mike Dupont
Hi there,
look guys someone deleted my pages promoting our work in Kosovo and Albania
from my user page saying they are of no use to the wikipedia
can someone please comment on that?
Gerard was at the event in Albania that was supposedly not helping the
wikipedia to talk about wikipedia there.
Milos was at the event in 2009 to talk about wikipedia as well. I think many
of you might have heard about the work I have been doing to promote
wikipedia, and now all my user pages on those topics have been deleted.

http://en.wikipedia.org/wiki/Wikipedia:Miscellany_for_deletion/User:Mdupont/AgimRamadani


   - 
User:Mdupont/OpenLetterToFreeSoftwareCommunitieshttp://en.wikipedia.org/w/index.php?title=User:Mdupont/OpenLetterToFreeSoftwareCommunitiesaction=editredlink=1


   - WP:WEBHOST http://en.wikipedia.org/wiki/Wikipedia:WEBHOST -
   Promotional material about the user's activities outside Wikipedia, nothing
   useful to Wikipedia


 thank,
mike

-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova and Albania flossk.org
flossal.org
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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Fred Bauder
 Hi there,
 look guys someone deleted my pages promoting our work in Kosovo and
 Albania
 from my user page saying they are of no use to the wikipedia
 can someone please comment on that?
 Gerard was at the event in Albania that was supposedly not helping the
 wikipedia to talk about wikipedia there.
 Milos was at the event in 2009 to talk about wikipedia as well. I think
 many
 of you might have heard about the work I have been doing to promote
 wikipedia, and now all my user pages on those topics have been deleted.

 http://en.wikipedia.org/wiki/Wikipedia:Miscellany_for_deletion/User:Mdupont/AgimRamadani


-
 User:Mdupont/OpenLetterToFreeSoftwareCommunitieshttp://en.wikipedia.org/w/index.php?title=User:Mdupont/OpenLetterToFreeSoftwareCommunitiesaction=editredlink=1


- WP:WEBHOST http://en.wikipedia.org/wiki/Wikipedia:WEBHOST -
Promotional material about the user's activities outside Wikipedia,
 nothing
useful to Wikipedia


  thank,
 mike


How would people from Kosovo or Albania find all those user pages?

Fred


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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread Ray Saintonge
On 04/25/11 9:33 AM, Joan Goma wrote:
 My interest in a legal opinion is not to know if what they do is legal or
 not.

 My interest is to know for example what can they do if I copy the content
 they previously have translated from an English Wikipedia article I have
 previously written.

The translation would give rise to a new copyright *in addition* to 
yours. You would be infringing their copyright. This all assumes that it 
was a human translation.  If it was a machine translation the argument 
could be made that as a mechanical process it lacked the originality 
needed to acquire copyright.

 How do they put a dollar figure on the damages suffered if the income they
 get from that content is obtained from my work they have translated without
 my permission?

In principle damages are evaluated on the basis of market activity. If 
the quantum of damages is the issue the burden of proof is on the person 
seeking damages.

 They only have my permission to publish derived works under same license.
 Then I have the right to copy the derived works back. So any damage they
 could claim is exactly the same damage I suffer for not being able to do
 those copies.
No, because the translation is not identical to the work you produced.  
This still does not account for how different jurisdictions will handle 
the matter. At first glance it would seem more convenient for them to 
have the case heard in a Chinese court and for you in a Spanish court.

Ray

 Date: Mon, 25 Apr 2011 01:11:25 -0700
 From: Ray Saintongesainto...@telus.net

 On 04/24/11 11:45 PM, Joan Goma wrote:
 As Ray saids legal prosecution to claim for formal accomplishing of the
 copyright terms is expensive and difficult. But the same happens the
 other
 way around.

 I would like to have a clear legal opinion about applying the terms
 without
 going to court.

 They have copied articles from Chinese Wikipedia and translated articles
 from English and Japanese Wikipedia so in my opinion their work is a
 derivative one and according to the CCSA terms it is also CCSA no mater
 what
 they say.

 What about creating a bot to copy from Baidu all the articles not yet
 existing in Chinese wikipedia.

 Could Geoff Brigham provide us his legal advice?
 Getting a legal opinion that what they are doing is illegal would be the
 easy part.  The challenge is what can you do with that opinion once you
 have it.

 Copyright, and least in common law countries, is primarily an economic
 right.  In that context courts would be more concerned with the measure
 of economic damage.  How do you put a dollar figure on the damages
 suffered when the original authors weren't seeking to make money from
 it?  Whoever starts the fight still needs to fund prosecuting the
 battle, and that could be very expensive.

 Ray




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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Gerard Meijssen
Hoi,
Mike is a well know activist who promotes Open Source and Wikipedia in
Albania and Kosovo. People do know him and will find the information he
provides.
Thanks,
  GerardM

On 25 April 2011 22:55, Fred Bauder fredb...@fairpoint.net wrote:

  Hi there,
  look guys someone deleted my pages promoting our work in Kosovo and
  Albania
  from my user page saying they are of no use to the wikipedia
  can someone please comment on that?
  Gerard was at the event in Albania that was supposedly not helping the
  wikipedia to talk about wikipedia there.
  Milos was at the event in 2009 to talk about wikipedia as well. I think
  many
  of you might have heard about the work I have been doing to promote
  wikipedia, and now all my user pages on those topics have been deleted.
 
 
 http://en.wikipedia.org/wiki/Wikipedia:Miscellany_for_deletion/User:Mdupont/AgimRamadani
 
 
 -
  User:Mdupont/OpenLetterToFreeSoftwareCommunities
 http://en.wikipedia.org/w/index.php?title=User:Mdupont/OpenLetterToFreeSoftwareCommunitiesaction=editredlink=1
 
 
 
 - WP:WEBHOST http://en.wikipedia.org/wiki/Wikipedia:WEBHOST -
 Promotional material about the user's activities outside Wikipedia,
  nothing
 useful to Wikipedia
 
 
   thank,
  mike


 How would people from Kosovo or Albania find all those user pages?

 Fred


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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread John Vandenberg
On Tue, Apr 26, 2011 at 7:39 AM, Gerard Meijssen
gerard.meijs...@gmail.com wrote:
 Hoi,
 Mike is a well know activist who promotes Open Source and Wikipedia in
 Albania and Kosovo. People do know him and will find the information he
 provides.

I have restored a subset of these pages.  Some of them would be better
on the Meta or outreach wikis.

--
John Vandenberg

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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread David Gerard
On 25 April 2011 23:30, Joan Goma jrg...@gmail.com wrote:

 So I see the things this way


You asked if it was a good idea and your understanding was correct. So
far no-one's agreed your understanding is correct and no-one's agreed
your plan of action is a good idea. You appear to insist on doing it
anyway, but don't think anyone's going to tell you a bad idea is a
good one or endorse it.

(Note that in several jurisdictions, copyleft licenses on software
have in fact been enforced just as the licence says, and never mind
the lack of exchange of cash involved, so commenters claiming that no
money means no enforceability are simply incorrect. That said,
bringing a case also costs money.)


- d.

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[Foundation-l] The Signpost – Volume 7, Issue 17 – 25 April 2011

2011-04-25 Thread Wikipedia Signpost
News and notes: Survey of French Wikipedians; first
Wikipedian-in-Residence at Smithsonian; brief news
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/News_and_notes

In the news: Low-hanging fruit and sustainability; Qwiki on iPad;
sceptic critic; brief news
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/In_the_news

WikiProject report: WikiProject Somerset
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/WikiProject_report

Features and admins: The best of the week
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/Features_and_admins

Arbitration report: Request to amend prior case; further voting in AEsh case
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/Arbitration_report

Technology report: Bugs, Repairs, and Internal Operational News
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2011-04-25/Technology_report


Single page view
http://en.wikipedia.org/wiki/Wikipedia:Signpost/Single

PDF version
http://en.wikipedia.org/wiki/Book:Wikipedia_Signpost/2011-04-25


-- 
Wikipedia Signpost Staff
http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost

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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Milos Rancic
On 04/25/2011 11:53 PM, John Vandenberg wrote:
 I have restored a subset of these pages.  Some of them would be better
 on the Meta or outreach wikis.

Thanks, John!

Mike, you should ask for help before conclusion of deletion. Discussion
about deletion was small and was a typical example of systemic trolling
because of lack of interest.

(BTW, related to that, may folk from en.wp raise requirements for so
called consensus related to page deletion? Something like at least
five users with at least 500 edits would save many useful material from
systemic trolling.)

If no one notified you about deletion process, you should complain on
wiki. Also, as John said, it is useful to keep organizational pages on
Meta, not on English Wikipedia.

If you need content to be recovered and moved to Meta, please let us
know about your plan.

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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread WJhonson
I always thought that translations were considered wholely derivative,  
that is that a new copyright is *not* created, by translating.
 
 
 
 
 
In a message dated 4/25/2011 1:57:34 P.M. Pacific Daylight Time,  
sainto...@telus.net writes:

On  04/25/11 9:33 AM, Joan Goma wrote:
 My interest in a legal opinion is  not to know if what they do is legal or
 not.

 My  interest is to know for example what can they do if I copy the content
  they previously have translated from an English Wikipedia article I  have
 previously written.

The translation would give rise to a  new copyright *in addition* to 
yours. You would be infringing their  copyright. This all assumes that it 
was a human translation.  If it  was a machine translation the argument 
could be made that as a mechanical  process it lacked the originality 
needed to acquire copyright.

  How do they put a dollar figure on the damages suffered if the income  
they
 get from that content is obtained from my work they have  translated 
without
 my permission?

In principle damages are  evaluated on the basis of market activity. If 
the quantum of damages is  the issue the burden of proof is on the person 
seeking  damages.

 They only have my permission to publish derived works  under same license.
 Then I have the right to copy the derived works  back. So any damage they
 could claim is exactly the same damage I  suffer for not being able to do
 those copies.
No, because the  translation is not identical to the work you produced.  
This still  does not account for how different jurisdictions will handle 
the matter.  At first glance it would seem more convenient for them to 
have the case  heard in a Chinese court and for you in a Spanish  court.

Ray

 Date: Mon, 25 Apr 2011 01:11:25  -0700
 From: Ray  Saintongesainto...@telus.net

 On 04/24/11 11:45  PM, Joan Goma wrote:
 As Ray saids legal prosecution to claim  for formal accomplishing of the
 copyright terms is expensive  and difficult. But the same happens the
 other
 way  around.

 I would like to have a clear legal  opinion about applying the terms
 without
 going to  court.

 They have copied articles from Chinese  Wikipedia and translated 
articles
 from English and Japanese  Wikipedia so in my opinion their work is a
 derivative one and  according to the CCSA terms it is also CCSA no mater
  what
 they say.

 What about  creating a bot to copy from Baidu all the articles not yet
  existing in Chinese wikipedia.

 Could Geoff  Brigham provide us his legal advice?
 Getting a legal opinion that  what they are doing is illegal would be the
 easy part.  The  challenge is what can you do with that opinion once you
 have  it.

 Copyright, and least in common law countries, is  primarily an economic
 right.  In that context courts would be  more concerned with the measure
 of economic damage.  How do  you put a dollar figure on the damages
 suffered when the original  authors weren't seeking to make money from
 it?  Whoever  starts the fight still needs to fund prosecuting the
 battle, and  that could be very expensive.

  Ray




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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Mike Dupont
On Tue, Apr 26, 2011 at 3:56 AM, John Vandenberg jay...@gmail.com wrote:

 On Tue, Apr 26, 2011 at 11:26 AM, Milos Rancic mill...@gmail.com wrote:
  On 04/25/2011 11:53 PM, John Vandenberg wrote:
  I have restored a subset of these pages.  Some of them would be better
  on the Meta or outreach wikis.
 
  Thanks, John!
 
  Mike, you should ask for help before conclusion of deletion. Discussion
  about deletion was small and was a typical example of systemic trolling
  because of lack of interest.
 
  (BTW, related to that, may folk from en.wp raise requirements for so
  called consensus related to page deletion? Something like at least
  five users with at least 500 edits would save many useful material from
  systemic trolling.)

 Do any other wikis have similar thresholds?

  If no one notified you about deletion process, you should complain on
  wiki.

 Mike was given an automated notification about one page, which he
 probably didnt care about, but the deletion covered lots of other
 pages as well.


I have not gotten emails at all from wikipedia in a while, but the mails
from commons work.
Hmm, it seems that I overlooked the page on my talk, it was there. Silly me.
Anyway, thanks alot for the restore.
mike



 --
 John

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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Mike Dupont
On Mon, Apr 25, 2011 at 10:55 PM, Fred Bauder fredb...@fairpoint.netwrote:

  Hi there,
  look guys someone deleted my pages promoting our work in Kosovo and
  Albania
  from my user page saying they are of no use to the wikipedia
  can someone please comment on that?
  Gerard was at the event in Albania that was supposedly not helping the
  wikipedia to talk about wikipedia there.
  Milos was at the event in 2009 to talk about wikipedia as well. I think
  many
  of you might have heard about the work I have been doing to promote
  wikipedia, and now all my user pages on those topics have been deleted.
 
 
 http://en.wikipedia.org/wiki/Wikipedia:Miscellany_for_deletion/User:Mdupont/AgimRamadani
 
 
 -
  User:Mdupont/OpenLetterToFreeSoftwareCommunities
 http://en.wikipedia.org/w/index.php?title=User:Mdupont/OpenLetterToFreeSoftwareCommunitiesaction=editredlink=1
 
 
 
 - WP:WEBHOST http://en.wikipedia.org/wiki/Wikipedia:WEBHOST -
 Promotional material about the user's activities outside Wikipedia,
  nothing
 useful to Wikipedia
 
 
   thank,
  mike


 How would people from Kosovo or Albania find all those user pages?

 Fred



Well, we had been sharing that open letter link all over the internet, and
the team there had been helping with it,
I think that i posted it on the portals as well. We should do more for
outreach, there was a wikipedia 10 party in prishtina.
mike


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Re: [Foundation-l] Promotional material about the user's activities outside Wikipedia, nothing useful to Wikipedia

2011-04-25 Thread Milos Rancic
On 04/26/2011 03:56 AM, John Vandenberg wrote:
 (BTW, related to that, may folk from en.wp raise requirements for so
 called consensus related to page deletion? Something like at least
 five users with at least 500 edits would save many useful material from
 systemic trolling.)
 
 Do any other wikis have similar thresholds?

If I remember well, sr.wp has some thresholds related to policy
decisions. Not sure about deletion; but RfD on sr.wp are far from en.wp
traffic.

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Re: [Foundation-l] foundation-l Digest, Vol 85, Issue 52

2011-04-25 Thread Thomas Dalton
On 26 April 2011 03:06,  wjhon...@aol.com wrote:
 I always thought that translations were considered wholely derivative,
 that is that a new copyright is *not* created, by translating.

I would expect that to vary from jurisdiction to jurisdiction. For
example, jurisdictions that includes some kind of sweat of the brow
doctrine would probably protect translations. What jurisdiction are
you referring to?

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