Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-16 Thread Ivan Martínez
Hi, I posted a report in the Spanish daily ElDiario.es about this theme.

http://www.eldiario.es/turing/Wikipedia-SOPA-Duma_0_152934722.html

Best regards.


2013/7/10 David Gerard dger...@gmail.com

 On 10 July 2013 21:20, Yaroslav M. Blanter pute...@mccme.ru wrote:

  I do not see any reaction whatsoever from Wikimedia.ru , but from our WLM
  experience you probably remember that they are ... hmm ... not the
 fastest
  to react, and usually only do it after other people start complaining
 that
  they do not.


 WMRU are aware - I asked about this on the comcom list and they noted
 it was actually a serious issue - but I would expect they don't do
 anything until they're quite sure the community is moving in that
 direction, for probably-sensible reasons.


 - d.

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-- 
*Atentamente:

Iván Martínez
Presidente
Wikimedia México A.C.
wikimedia.mx

Imagina un mundo en donde cada persona del planeta pueda tener acceso libre
a la suma total del conocimiento humano.
Eso es lo que estamos haciendo http://es.wikipedia.org. *
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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread Fred Bauder


 If you post a creative work on a website the purpose which is to share
 files you have assumed the rights of the owner, one of which is to
 determine the conditions which must be met to view or listen to the
 work.
 The owner can give his work away to the world but not third parties.

 Fred

 What are you saying has been stolen here? The work itself, the copy of
 it,
 or the copyright in the work?
 There are serious problems in trying to bend the law of theft to any of
 them.

It is easiest to analyze if the work has never been published.
Distributing it then is a taking of intellectual property regardless of
whether the original is physically taken or only a copy. The theft is of
the possible gain lost. Actually, rather like claim jumping. It is not
the ore that is lost but the right to mine it and profit from it.

Fred


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread David Gerard
On 10 July 2013 07:51, Fred Bauder fredb...@fairpoint.net wrote:

 It is easiest to analyze if the work has never been published.
 Distributing it then is a taking of intellectual property regardless of
 whether the original is physically taken or only a copy. The theft is of
 the possible gain lost. Actually, rather like claim jumping. It is not
 the ore that is lost but the right to mine it and profit from it.


Fred, what's your actual point and suggested course of action with
this thread, and what does it have to do with the original starting
point?


- d.

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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread Martijn Hoekstra
On Jul 10, 2013 8:59 AM, David Gerard dger...@gmail.com wrote:

 On 10 July 2013 07:51, Fred Bauder fredb...@fairpoint.net wrote:

  It is easiest to analyze if the work has never been published.
  Distributing it then is a taking of intellectual property regardless of
  whether the original is physically taken or only a copy. The theft is of
  the possible gain lost. Actually, rather like claim jumping. It is not
  the ore that is lost but the right to mine it and profit from it.


 Fred, what's your actual point and suggested course of action with
 this thread, and what does it have to do with the original starting
 point?


 - d.

+1. Could we abandon the discussion whether or not copyright violation is
theft or not ASAP, and get this thread back to what we can do about the
possible shutdown of Russian Wikipedia? The copyright status could be
interesting for a different thread and/or meta. The discussion copyvio vs
theft may be nice for irc or Usenet or something.


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread Tomasz W. Kozlowski

Hi again,
so I spent some time looking into the problem and wrote a short summary 
at http://twkozlowski.net/russian-wikipedia-under-threat-again/ 
(shameless promotion mode=off /) -- if anyone cares about what's 
happening outside of the US, that is.


As described in the summary, there are plans for a massive strike on the 
Russian Internet (Runet) on August 1, with the bill being described as 
the Russian equivalent of SOPA. It also looks to me like there is some 
public opposition against the bill (a petition to the President of 
Russia already has over 130,000 signatures with just 100,000 being 
required), so the situation is developing quite interestingly.


-- Tomasz

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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread Yaroslav M. Blanter

On 10.07.2013 20:45, Tomasz W. Kozlowski wrote:

Hi again,
so I spent some time looking into the problem and wrote a short
summary at
http://twkozlowski.net/russian-wikipedia-under-threat-again/
(shameless promotion mode=off /) -- if anyone cares about what's
happening outside of the US, that is.

As described in the summary, there are plans for a massive strike on
the Russian Internet (Runet) on August 1, with the bill being
described as the Russian equivalent of SOPA. It also looks to me like
there is some public opposition against the bill (a petition to the
President of Russia already has over 130,000 signatures with just
100,000 being required), so the situation is developing quite
interestingly.

-- Tomasz



Hi Tomasz,

my understanding is that just today Russian Wikipedia Community started 
an RFC on the issue


http://ru.wikipedia.org/wiki/%D0%92%D0%B8%D0%BA%D0%B8%D0%BF%D0%B5%D0%B4%D0%B8%D1%8F:%D0%9E%D0%BF%D1%80%D0%BE%D1%81%D1%8B/%D0%9E_%D0%B2%D0%BE%D0%B7%D0%BC%D0%BE%D0%B6%D0%BD%D0%BE%D0%B9_%D0%B7%D0%B0%D0%B1%D0%B0%D1%81%D1%82%D0%BE%D0%B2%D0%BA%D0%B5_%D0%92%D0%B8%D0%BA%D0%B8%D0%BF%D0%B5%D0%B4%D0%B8%D0%B8_%D0%BF%D1%80%D0%BE%D1%82%D0%B8%D0%B2_%D0%90%D0%BD%D1%82%D0%B8%D0%BF%D0%B8%D1%80%D0%B0%D1%82%D1%81%D0%BA%D0%BE%D0%B3%D0%BE_%D0%B7%D0%B0%D0%BA%D0%BE%D0%BD%D0%B0

I do not see any reaction whatsoever from Wikimedia.ru , but from our 
WLM experience you probably remember that they are ... hmm ... not the 
fastest to react, and usually only do it after other people start 
complaining that they do not.


Since I am not involved with the Russian Wikipedia for over two years, 
I could have missed some important developments.


Cheers
Yaroslav

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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-10 Thread David Gerard
On 10 July 2013 21:20, Yaroslav M. Blanter pute...@mccme.ru wrote:

 I do not see any reaction whatsoever from Wikimedia.ru , but from our WLM
 experience you probably remember that they are ... hmm ... not the fastest
 to react, and usually only do it after other people start complaining that
 they do not.


WMRU are aware - I asked about this on the comcom list and they noted
it was actually a serious issue - but I would expect they don't do
anything until they're quite sure the community is moving in that
direction, for probably-sensible reasons.


- d.

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[Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Tomasz W. Kozlowski

Hi there,
two months after the smoking cannabis controversy, the Russian 
Wikipedia is in trouble again, this time over an anti-piracy legislation 
that will come into force on August 1 and which might result in 
Wikipedia as a whole -- not just a few articles -- being blacklisted in 
the country.


The Russian parliament introduced anti-drug and anti-child pornography 
legislation last year, and it's already successfully used to censor 
encyclopaedic articles, so I guess it's time for more radical steps now; 
the new law might lead to banning websites that just /link/ to sites 
which hold content copyrighted by others.


RIA Novosti has more information on the subject: 
http://en.ria.ru/russia/20130709/182150416/Russian-Wikipedia-Faces-Ban-Due-to-Anti-Piracy-Law--Director.html


I'm CC-ing the advocacy advisors mailing list because this lies within 
their area of expertise; when responding to this e-mail, please make 
sure to include both lists.


-- Tomasz

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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Fred Bauder
I don't get it. I was able to use a Wikipedia link to find a place to
download The Searchers, a John Ford film starring John Wayne in about 30
seconds. How is that not theft that we are facilitating?

Fred


 Hi there,
 two months after the smoking cannabis controversy, the Russian
 Wikipedia is in trouble again, this time over an anti-piracy legislation
 that will come into force on August 1 and which might result in
 Wikipedia as a whole -- not just a few articles -- being blacklisted in
 the country.

 The Russian parliament introduced anti-drug and anti-child pornography
 legislation last year, and it's already successfully used to censor
 encyclopaedic articles, so I guess it's time for more radical steps now;
 the new law might lead to banning websites that just /link/ to sites
 which hold content copyrighted by others.

 RIA Novosti has more information on the subject:
 http://en.ria.ru/russia/20130709/182150416/Russian-Wikipedia-Faces-Ban-Due-to-Anti-Piracy-Law--Director.html

 I'm CC-ing the advocacy advisors mailing list because this lies within
 their area of expertise; when responding to this e-mail, please make
 sure to include both lists.

   -- Tomasz

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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Marc A. Pelletier
On 07/09/2013 08:37 PM, Fred Bauder wrote:
 How is that not theft that we are facilitating?

Because theft, is to deprive, temporarily or absolutely, the owner of
it, or a person who has a special property or interest in it, of the
thing or of his property or interest in it.

In some jurisdiction, linking to sites that play fast and loose with
Copyright /may/, in certain circumstances, be facilitating copyright
infringement.  It certainly isn't theft.

(I am not saying the latter is okay -- but that calling copyright
infringement theft is inflammatory rhetoric and intellectually
dishonest, at best).

-- Marc


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Fred Bauder
 On 07/09/2013 08:37 PM, Fred Bauder wrote:
 How is that not theft that we are facilitating?

 Because theft, is to deprive, temporarily or absolutely, the owner of
 it, or a person who has a special property or interest in it, of the
 thing or of his property or interest in it.

 In some jurisdiction, linking to sites that play fast and loose with
 Copyright /may/, in certain circumstances, be facilitating copyright
 infringement.  It certainly isn't theft.

 (I am not saying the latter is okay -- but that calling copyright
 infringement theft is inflammatory rhetoric and intellectually
 dishonest, at best).

 -- Marc

Interesting notion that plain talk is inflammatory and dishonest. How
is deliberate copyright infringement is not theft? Why are we the
pirates' little helpers?

Fred


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Risker
Well, not wanting to wade into that pirates' little helpers snarkiness,
but it takes 30 seconds from anywhere on the web to find a copyright
violation. Maybe a bit longer if you have a slow connection.

Risker


On 9 July 2013 23:36, Fred Bauder fredb...@fairpoint.net wrote:

  On 07/09/2013 08:37 PM, Fred Bauder wrote:
  How is that not theft that we are facilitating?
 
  Because theft, is to deprive, temporarily or absolutely, the owner of
  it, or a person who has a special property or interest in it, of the
  thing or of his property or interest in it.
 
  In some jurisdiction, linking to sites that play fast and loose with
  Copyright /may/, in certain circumstances, be facilitating copyright
  infringement.  It certainly isn't theft.
 
  (I am not saying the latter is okay -- but that calling copyright
  infringement theft is inflammatory rhetoric and intellectually
  dishonest, at best).
 
  -- Marc

 Interesting notion that plain talk is inflammatory and dishonest. How
 is deliberate copyright infringement is not theft? Why are we the
 pirates' little helpers?

 Fred


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Fred Bauder
 On 9 July 2013 23:46, Fred Bauder fredb...@fairpoint.net wrote:

  Well, not wanting to wade into that pirates' little helpers
 snarkiness,
  but it takes 30 seconds from anywhere on the web to find a copyright
  violation. Maybe a bit longer if you have a slow connection.
 
  Risker

 True enough, but why are we one of the ways?

 Fred


 I've not had that experience on English Wikipedia, although I've never
 tried it on other projects.  Now, I can easily take just about any link
 anywhere on the web and find a copyvio within 2-3 clicks, and I'm pretty
 sure that would be true for links on Wikipedia too.  I suppose we could
 always ban external links, but I think it would be counterproductive for
 our projects and mission, and it wouldn't solve anyone's copyright
 issues.
 But please don't conflate links directly from Wikipedia to copyright
 violations (which is, I believe, expressly forbidden on all of our
 projects) and being able to get to copyright violations from links in
 Wikipedia.  The only way to prevent the latter is to ban all external
 links.

 Risker


I guess I view sites which host entertainment, as opposed to material
which contains knowledge, as different. So music or a movie seems
different from a newspaper article or a passage from a book which, at
least in my mind, seems more like fair use, but not, of course, how fair
use is actually defined by the courts.

So The Searchers, which is not entirely void of information, however
distorted, seems very different from a copied newspaper article which
might also imagine Monument Valley was in Texas.

Fred



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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Phil Nash

- Original Message - 
From: Fred Bauder fredb...@fairpoint.net
To: Wikimedia Mailing List wikimedia-l@lists.wikimedia.org
Sent: Wednesday, July 10, 2013 4:36 AM
Subject: Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again


 On 07/09/2013 08:37 PM, Fred Bauder wrote:
 How is that not theft that we are facilitating?

 Because theft, is to deprive, temporarily or absolutely, the owner of
 it, or a person who has a special property or interest in it, of the
 thing or of his property or interest in it.

 In some jurisdiction, linking to sites that play fast and loose with
 Copyright /may/, in certain circumstances, be facilitating copyright
 infringement.  It certainly isn't theft.

 (I am not saying the latter is okay -- but that calling copyright
 infringement theft is inflammatory rhetoric and intellectually
 dishonest, at best).

 -- Marc

 Interesting notion that plain talk is inflammatory and dishonest. How
 is deliberate copyright infringement is not theft? Why are we the
 pirates' little helpers?

 Fred

I'm tired of having this argument in uk.legal, and I don't want to go 
through it all again here. The essence of theft is that property belonging 
to another is appropriated, i.e. the rights of the owner have been assumed 
by someone else. In the case of a copyright, however many illicit copies are 
made, the copyright remains intact and it would be illogical to say 
otherwise, because then there would come a number of copies beyond which the 
copyright would cease to exist, which is not the case. And that's without 
arguing the point of whether it is possible to form an intention to 
permanently deprive the owner of his copyright when doing so is in fact and 
in law impossible.



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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Fred Bauder

 - Original Message -
 From: Fred Bauder fredb...@fairpoint.net
 To: Wikimedia Mailing List wikimedia-l@lists.wikimedia.org
 Sent: Wednesday, July 10, 2013 4:36 AM
 Subject: Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again


 On 07/09/2013 08:37 PM, Fred Bauder wrote:
 How is that not theft that we are facilitating?

 Because theft, is to deprive, temporarily or absolutely, the owner
 of
 it, or a person who has a special property or interest in it, of the
 thing or of his property or interest in it.

 In some jurisdiction, linking to sites that play fast and loose with
 Copyright /may/, in certain circumstances, be facilitating copyright
 infringement.  It certainly isn't theft.

 (I am not saying the latter is okay -- but that calling copyright
 infringement theft is inflammatory rhetoric and intellectually
 dishonest, at best).

 -- Marc

 Interesting notion that plain talk is inflammatory and dishonest.
 How
 is deliberate copyright infringement is not theft? Why are we the
 pirates' little helpers?

 Fred

 I'm tired of having this argument in uk.legal, and I don't want to go
 through it all again here. The essence of theft is that property
 belonging
 to another is appropriated, i.e. the rights of the owner have been
 assumed
 by someone else. In the case of a copyright, however many illicit copies
 are
 made, the copyright remains intact and it would be illogical to say
 otherwise, because then there would come a number of copies beyond which
 the
 copyright would cease to exist, which is not the case. And that's without
 arguing the point of whether it is possible to form an intention to
 permanently deprive the owner of his copyright when doing so is in fact
 and
 in law impossible.

If you post a creative work on a website the purpose which is to share
files you have assumed the rights of the owner, one of which is to
determine the conditions which must be met to view or listen to the work.
The owner can give his work away to the world but not third parties.

Fred


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Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again

2013-07-09 Thread Phil Nash

- Original Message - 
From: Fred Bauder fredb...@fairpoint.net
To: Wikimedia Mailing List wikimedia-l@lists.wikimedia.org
Sent: Wednesday, July 10, 2013 6:01 AM
Subject: Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again


 
 - Original Message -
 From: Fred Bauder fredb...@fairpoint.net
 To: Wikimedia Mailing List wikimedia-l@lists.wikimedia.org
 Sent: Wednesday, July 10, 2013 4:36 AM
 Subject: Re: [Wikimedia-l] Russian Wikipedia in trouble /yet/ again


 On 07/09/2013 08:37 PM, Fred Bauder wrote:
 How is that not theft that we are facilitating?

 Because theft, is to deprive, temporarily or absolutely, the owner
 of
 it, or a person who has a special property or interest in it, of the
 thing or of his property or interest in it.

 In some jurisdiction, linking to sites that play fast and loose with
 Copyright /may/, in certain circumstances, be facilitating copyright
 infringement.  It certainly isn't theft.

 (I am not saying the latter is okay -- but that calling copyright
 infringement theft is inflammatory rhetoric and intellectually
 dishonest, at best).

 -- Marc

 Interesting notion that plain talk is inflammatory and dishonest.
 How
 is deliberate copyright infringement is not theft? Why are we the
 pirates' little helpers?

 Fred

 I'm tired of having this argument in uk.legal, and I don't want to go
 through it all again here. The essence of theft is that property
 belonging
 to another is appropriated, i.e. the rights of the owner have been
 assumed
 by someone else. In the case of a copyright, however many illicit copies
 are
 made, the copyright remains intact and it would be illogical to say
 otherwise, because then there would come a number of copies beyond which
 the
 copyright would cease to exist, which is not the case. And that's without
 arguing the point of whether it is possible to form an intention to
 permanently deprive the owner of his copyright when doing so is in fact
 and
 in law impossible.

 If you post a creative work on a website the purpose which is to share
 files you have assumed the rights of the owner, one of which is to
 determine the conditions which must be met to view or listen to the work.
 The owner can give his work away to the world but not third parties.

 Fred

What are you saying has been stolen here? The work itself, the copy of it, 
or the copyright in the work?
There are serious problems in trying to bend the law of theft to any of 
them.



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