Am 04.02.2013 10:21, schrieb Lester Caine:
> OK - there is an 'official procedure' for dealing with copyright
> infringement documented on
> http://www.osmfoundation.org/wiki/License/Takedown_procedure through
> which even 'Cease and Desist' should be handled? It is normal practice
> nowadays to follow the 'Digital Millennium Copyright Act' rules for
> all copyright and trademark disputes relating to the internet.

The DCMA takedown process has nothing to do with trademark, or patent
disputes. It concerns itself solely with copyright issues (and that in
the US of A). Following the procedure provides us a safe harbour against
being sued in the US (for contributory infringement and damages). This
protection comes with the price of us simply complying with valid (in
formal terms) requests without making a determination if the material in
question is actually infringing the rights of whoever made the takedown
request. The basic procedure is given by the law and for example is
documented on the http://www.chillingeffects.org/ site (which unluckily
seems to be experiencing a lot problems recently).

I doubt that it would be wise or legally possible to publish the full
text of any takedown requests we have received, and if it is just for UK
data protection regulations. I do think it would be a good idea to
publish something along the lines of a "transparency" report on a
quarterly or similar base, however (DWG pls correct me) I don't believe
that outside of internal disputes there have been any noticeable number
of takedown or similar requests from third parties over the life of the
project to date so it is not going to make very interesting reading

My personal opinion only naturally.

Simon


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