Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Ray Saintonge
On 09/11/12 4:29 AM, Thomas Morton wrote: No comment on whether they *can* prove this as I haven't seen the email in question, or the other evidence. But on the face of it there may be some case to answer. A response from the defendants may clear up the matter. Seeing as the intent is to

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Deryck Chan
One possibility lies within their terms of use: If you're not interested in our goals, or if you agree with our goals but refuse to collaborate, compromise, reach consensushttp://wikitravel.org/en/Wikitravel:Consensusor make concessions with other Wikitravellers, we ask that you not use this Web

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Federico Leva (Nemo)
FT2, 12/09/2012 11:13: 1) Does IB believe there is a legal basis that members of the public (in the absence of contractual obligation) cannot consider where they and their fellow hobbyists want to engage in a hobbyisyt activity, be it drinking beer, discussing philosophy, playing cards, or

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Thomas Dalton
On 12 September 2012 08:45, Ray Saintonge sainto...@telus.net wrote: Also from Para 1, how can a person violate a contract without being a party to it? That's what tortuous interference is all about. See: http://en.wikipedia.org/wiki/Tortious_interference

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread FT2
To tackle both these at once: *@Deryck Chan, three trivial rebuttals: * 1. WT's mission is stated clearly, *Wikitravel is a project to create a free, complete, up-to-date and reliable world-wide travel guide.* I don't see any of the parties that are proposing or wishing to fork, not

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Federico Leva (Nemo)
FT2, 12/09/2012 13:09: 2. A clerk is an employee with a contractual obligation of loyalty. Nobody is suggesting that is the case here, or an IB staffer was involved. Nobody except IB of course. Deryck Chan, 12/09/2012 12:42: I'm glad that WMF has decided to file a counter-suit and

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Thomas Morton
Of course; if a member of the local Muslim community put on a fake uniform for the shop in question, and stood outside handing out leaflets about the better place... that would be a problem. This is what IB appear to be alleging. All of these metaphor, however, are very interesting; but not

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Deryck Chan
On 12 September 2012 12:27, Thomas Morton morton.tho...@googlemail.comwrote: [...] fortunately courts do not rely on metaphors :) Tom Oh they do. That's precisely what case law is. Inaccurate metaphors are the reason that courts worldwide have a ridiculous view on what constitutes a

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Thomas Morton
On 12 September 2012 12:29, Deryck Chan deryckc...@wikimedia.hk wrote: On 12 September 2012 12:27, Thomas Morton morton.tho...@googlemail.com wrote: [...] fortunately courts do not rely on metaphors :) Tom Oh they do. That's precisely what case law is. Inaccurate metaphors are the

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread FT2
*@Nemo: *IB haven't claimed an IB insider broke their contract with IB in any of this. Agree +1 as well :) *@Tom:* Case law is all about analogous situations so these matter very much. The side-suggestion you make is more about tortious deception (I pretend to be an employee or official

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread Thomas Morton
On 12 September 2012 12:34, FT2 ft2.w...@gmail.com wrote: *@Tom:* Case law is all about analogous situations so these matter very much. The side-suggestion you make is more about tortious deception (I pretend to be an employee or official representative of someone, or pretend not to be),

Re: [Wikimedia-l] [Wikimedia Announcements] Wikimedia Foundation Seeks Declaratory Relief in response to Legal Threats from Internet Brands

2012-09-12 Thread FT2
It would probably be hard to sustain a claim of deceit. As best I can tell, long before any wider discussion, all roles were clear or known. The email cited by IB clearly itself attempts to ensure roles and principals are not mistaken. The test of deceit would be whether persons who are or have

[Wikimedia-l] [Commons-l] Getting corporate representatives to donate photos

2012-09-12 Thread David Gerard
I just posted this to commons-l: http://lists.wikimedia.org/pipermail/commons-l/2012-September/006660.html Please answer on that list if you have ideas :-) - d. ___ Wikimedia-l mailing list Wikimedia-l@lists.wikimedia.org Unsubscribe: