Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-14 Thread Oliver Keyes
I've actually been doing a lot of research on the history of copyright law on-wiki - see http://en.wikipedia.org/wiki/User:Ironholds/statute for example - and I've been focusing on the Berne Convention, later on. The rationale for encyclopaedias (something that is not just common law, but in some

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-14 Thread Jussi-Ville Heiskanen
On Wed, Dec 14, 2011 at 12:49 PM, Oliver Keyes oke...@wikimedia.org wrote: I've actually been doing a lot of research on the history of copyright law on-wiki - see http://en.wikipedia.org/wiki/User:Ironholds/statute for example - and I've been focusing on the Berne Convention, later on. The

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-14 Thread Jussi-Ville Heiskanen
On Wed, Dec 14, 2011 at 8:32 PM, Ryan Kaldari rkald...@wikimedia.org wrote: On Wed, Dec 14, 2011 at 9:03 AM, Jussi-Ville Heiskanen cimonav...@gmail.com wrote: I don't claim to have made a special study of the issue, but have had it pretty much forced down my throat by circumstances. While our

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Jussi-Ville Heiskanen
On Mon, Dec 12, 2011 at 10:54 PM, Ryan Kaldari rkald...@wikimedia.org wrote: I suppose we could add a disclaimer saying that the Terms of Use do not affect the editor's moral rights, although this would be a bit redundant since the CC-BY-SA license already states this. It may be redundant in

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread geni
On 12 December 2011 20:54, Ryan Kaldari rkald...@wikimedia.org wrote: I suppose we could add a disclaimer saying that the Terms of Use do not affect the editor's moral rights, although this would be a bit redundant since the CC-BY-SA license already states this. Ryan Kaldari The problem is

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread geni
On 12 December 2011 20:22, Thomas Dalton thomas.dal...@gmail.com wrote: On 12 December 2011 20:05, Marc A. Pelletier m...@uberbox.org wrote: We switched to the current license terms because we realised requiring re-users to credit every single person that made a non-trivial edit to the page

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Ryan Kaldari
On 12/13/11 9:02 AM, geni wrote: Actually it is extremely unclear why we switched. There are in fact a number of re-users that managed to deal with the attribution issue in paper form. It can often be done on paper (and easily on the web), but it's not very convenient for audio, i.e. spoken

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Jussi-Ville Heiskanen
On Tue, Dec 13, 2011 at 9:46 PM, Ryan Kaldari rkald...@wikimedia.org wrote: [...] Using a URL allows attribution without creating a hardship for the reuser. This has the added benefit of allowing us to enforce our terms firmly and consistantly, rather than carving out exceptions for various

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Oliver Keyes
Not really, in the UK at least. However this is a poor example; it's important to note that UK moral rights legislation isn't *actually*representative. we fail to comply with the Berne Convention on attribution, insofar as we don't mandate it except when the author makes clear he wants it. It's

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Jussi-Ville Heiskanen
On Tue, Dec 13, 2011 at 11:37 PM, Ryan Kaldari rkald...@wikimedia.org wrote: On 12/13/11 12:14 PM, Jussi-Ville Heiskanen wrote: Using an URL does allow the semblance of attribution, but does not fulfil the legal requirements of moral rights. I find it mildly distasteful, that other

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-13 Thread Ryan Kaldari
Sorry about the confusion. I was talking most recently about the GFDL, which does not mention moral rights. CC-BY-SA does mention moral rights (to state that it does not affect them). Interestingly, the U.S. port of the CC-BY-SA license does not include a disclaimer about moral rights, but

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Teofilo
Le 11 décembre 2011 19:02, MZMcBride z...@mzmcbride.com a écrit : Hi. The Terms of use rewrite is starting to wind down. The current draft is here: https://meta.wikimedia.org/wiki/Terms_of_use. From the point of view of Continental Europe, where creators enjoy advanced copyright laws which

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Teofilo
For some unexplained reasons, the whole contents of my message is not showing at http://lists.wikimedia.org/pipermail/foundation-l/2011-December/070807.html . Here is another copy again: Le 12 décembre 2011 17:14, Teofilo teofilow...@gmail.com a écrit : Le 11 décembre 2011 19:02, MZMcBride

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread David Gerard
On 12 December 2011 16:18, Teofilo teofilow...@gmail.com wrote: For some unexplained reasons, the whole contents of my message is not showing at http://lists.wikimedia.org/pipermail/foundation-l/2011-December/070807.html . Here is another copy again: It came to the list, but the archiving

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Steven Walling
On Mon, Dec 12, 2011 at 8:14 AM, Teofilo teofilow...@gmail.com wrote: Perhaps the WMF should not have relied on a US lawyer alone. Perhaps a team associating a US lawyer with a continental Europe lawyer would have been better. Your notion that we just had some American lawyer with no

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Fred Bauder
On Mon, Dec 12, 2011 at 8:14 AM, Teofilo teofilow...@gmail.com wrote: Perhaps the WMF should not have relied on a US lawyer alone. Perhaps a team associating a US lawyer with a continental Europe lawyer would have been better. Your notion that we just had some American lawyer with no

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Ryan Kaldari
Would you care to explain anything you're talking about? I don't see anything in the Licensing section that mentions anything about U.S. copyright law. It says the content is licensed under the GFDL and CC-BY-SA, and the Attribution section just reflects the standard practices for those

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Ryan Kaldari
I forgot humiliate. Sorry. Ryan Kaldari On 12/12/11 8:14 AM, Teofilo wrote: Le 11 décembre 2011 19:02, MZMcBridez...@mzmcbride.com a écrit : Hi. The Terms of use rewrite is starting to wind down. The current draft is here:https://meta.wikimedia.org/wiki/Terms_of_use. From the point of

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Maggie Dennis
On Mon, Dec 12, 2011 at 11:14 AM, Teofilo teofilow...@gmail.com wrote: Le 11 décembre 2011 19:02, MZMcBride z...@mzmcbride.com a écrit : Hi. The Terms of use rewrite is starting to wind down. The current draft is here: https://meta.wikimedia.org/wiki/Terms_of_use. From the point of

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Andre Engels
On Mon, Dec 12, 2011 at 8:25 PM, Ryan Kaldari rkald...@wikimedia.org wrote: Would you care to explain anything you're talking about? I don't see anything in the Licensing section that mentions anything about U.S. copyright law. It says the content is licensed under the GFDL and CC-BY-SA, and

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Marc A. Pelletier
On 12/12/2011 3:02 PM, Andre Engels wrote: I think what he means is that under most European copyright regimes, an author has far-reaching personality rights, which include the right to have the work accredited to them whenever it is republished. The terms of use, in his feeling, hollow out

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Ryan Kaldari
That's the whole point of free licenses—you're giving up some of your rights to your work. This doesn't have anything to do with European vs. American copyright law. I checked the wording in the existing terms of service and it's exactly the same. Ryan Kaldari On 12/12/11 12:02 PM, Andre

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Thomas Dalton
On 12 December 2011 20:05, Marc A. Pelletier m...@uberbox.org wrote: On 12/12/2011 3:02 PM, Andre Engels wrote: I think what he means is that under most European copyright regimes, an author has far-reaching personality rights, which include the right to have the work accredited to them

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Maggie Dennis
On Mon, Dec 12, 2011 at 11:14 AM, Teofilo teofilow...@gmail.com wrote: Le 11 décembre 2011 19:02, MZMcBride z...@mzmcbride.com a écrit : Hi. The Terms of use rewrite is starting to wind down. The current draft is here: https://meta.wikimedia.org/wiki/Terms_of_use. From the point of

Re: [Foundation-l] Terms of use : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

2011-12-12 Thread Ryan Kaldari
I suppose we could add a disclaimer saying that the Terms of Use do not affect the editor's moral rights, although this would be a bit redundant since the CC-BY-SA license already states this. Ryan Kaldari On 12/12/11 12:42 PM, Maggie Dennis wrote: On Mon, Dec 12, 2011 at 11:14 AM,