Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-08-01 Thread Martin Kraft
Am 31.07.2015 um 19:34 schrieb rupert THURNER: independent of this case, is there a technical possibility to put amateur reusers in future on a safe ground. The only foolproof licence is CC0, which gives away all rights to the user and keeps almost nothing for the author himself. But CC0

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-31 Thread rupert THURNER
On Jul 27, 2015 5:33 PM, Robert Rohde raro...@gmail.com wrote: On Mon, Jul 27, 2015 at 3:59 PM, Pine W wiki.p...@gmail.com wrote: snip This still leaves me wondering if WMF Legal could be involved in the legal defense of the reusers if they acted in good faith in attempting to comply

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-31 Thread Gergo Tisza
On Fri, Jul 31, 2015 at 10:34 AM, rupert THURNER rupert.thur...@gmail.com wrote: Therefor allow me come back to my original question which I d love to have an answer from the wmf legal department, and cc-by expert readers: independent of this case, is there a technical possibility to put

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-30 Thread Hong, Yongmin
I would be interested to see the example of Flickr2Commons-uploaded images which marked license as CCLv3. AFAIK, all images I had to review had proper CCLv2 template, or it was... (one of the below) - Copyvio - Human error (mistake of user) - It was licensed under NC or ND in fact. I haven't been

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-29 Thread Lilburne
On 29/07/2015 09:01, Petr Kadlec wrote: Really? Neither the word instititution nor third party [website] appear in the text of the CC license, so on what exactly do you base this very specific distinction just so narrowly fitting our behavior (no image attribution within articles, only on the

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-29 Thread James Salsman
... The license requires only that the credit be implemented in any reasonable manner. [Also note that the _text_ of our projects, while also licensed under CC-BY-SA, is licensed in way that explicitly states that a sufficient attribution is [t]hrough hyperlink (where possible) or URL to the

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-29 Thread Petr Kadlec
On Tue, Jul 28, 2015 at 11:05 PM, Martin Kraft wikipe...@martinkraft.com wrote: Am 26.07.2015 um 19:29 schrieb James Salsman: If Harald Bischoff has defrauded Commons reusers by requiring stricter attribution than the community requires, does the Foundation have standing in Germany to

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-29 Thread Martin Kraft
Really? Neither the word instititution nor third party [website] appear in the text of the CC license, so on what exactly do you base this very specific distinction just so narrowly fitting our behavior (no image attribution within articles, only on the image description page reachable upon

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-28 Thread Martin Kraft
Am 26.07.2015 um 19:29 schrieb James Salsman: If Harald Bischoff has defrauded Commons reusers by requiring stricter attribution than the community requires, does the Foundation have standing in Germany to require him to return the money to his victims in proportion to the extent that their

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Pine W
I had a roundtable discussion last night with some Wikimedians and other sympathizers, and was persuaded that the best way to handle this matter might indeed be for the community to delete the files in question and/or to block the uploader for alleged bad-faith behavior. This still leaves me

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Ziko van Dijk
Some people on the one hand like to complain on the interferences and interventions of the Foundation, and on the other hand want its involvement when it suits them. Pointing to the wealth of the Foundation and by that legitimizing any spending, is not really convincing. Ziko Am Montag, 27.

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Robert Rohde
On Mon, Jul 27, 2015 at 3:59 PM, Pine W wiki.p...@gmail.com wrote: snip This still leaves me wondering if WMF Legal could be involved in the legal defense of the reusers if they acted in good faith in attempting to comply with the license terms as they understood them on Commons. snip

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread
As a reminder, if files are to be deleted from Wikimedia Commons, this only happens by discussion and administrative action on Wikimedia Commons. Roundtable discussion may be interesting, but this is not how decisions are made in our community. If you have notes or minutes of this closed meeting,

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Pine W
Ziko, is that statement directed at me? If so, I would appreciate it if we could talk off list. In any case, I believe that I've attempted to do all the good that I can in this discussion at this time, so I'm signing off from this discussion for now. Pine

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Steinsplitter Wiki
: Mon, 27 Jul 2015 10:33:45 +0200 To: wikimedia-l@lists.wikimedia.org Subject: Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff? Hey Pine ( All) I think that the statement “there is no harm” in asking the Foundation/chapter staff (legal or otherwise

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-27 Thread Jan-Bart de Vreede
Hey Pine ( All) I think that the statement “there is no harm” in asking the Foundation/chapter staff (legal or otherwise) to do something is not always true. Every request has at least an “opportunity cost” (meaning there is something else that cannot be done). When there are situations when

[Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-26 Thread James Salsman
If Harald Bischoff has defrauded Commons reusers by requiring stricter attribution than the community requires, does the Foundation have standing in Germany to require him to return the money to his victims in proportion to the extent that their attribution was improper?

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-26 Thread Risker
Pine, why are you pinging WMF Legal on this? It is considerably premature to expect them to do anything much more than read the relevant discussions, maybe, if they have an intern to spare. What action do you expect them to take, when the community has yet to determine whether or not its own

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-26 Thread Pine W
Pinging WMF Legal to ask about what WMF can do about this entire situation. Pine On Jul 26, 2015 1:06 PM, James Salsman jsals...@gmail.com wrote: If Harald Bischoff has defrauded Commons reusers by requiring stricter attribution than the community requires, does the Foundation have standing

Re: [Wikimedia-l] Does Foundation have 3rd party standing against Harald Bischoff?

2015-07-26 Thread Pine W
Risker, James' question is about legal standing. There are also questions about license compliance. I believe that those are both within the scope of WMF Legal to analyze, and are sepatate from questions about compliance with community policy. The community and WMF can look into this situation in