Re: [Wikimediaindia-l] Peer review and document improvement request

2015-07-14 Thread Mahitgar from Marathi Wikipedia 
Shyamal, :) Now its my turn to say sorry (Because I was putting forward all the 
points with the consideration that Indian law remains applicable directly or 
indirectly - In any case thanks atleast you responded a legal issue discussion 
usualy people are afraid of). 

(Disclaimers mentioned in email are applicable: This eMail does not constitute 
legal advice, and no action should be taken or omitted on the basis of its 
contents. ) 

 If you are your self a lawayer or already had discussion on subject of 'choice 
of law' with any legal expert then please let me know such reference or 
background, since I am not regular visitor to this email list.
1) Even before putting up case for direct applicability of Indian law, Whether 
it is   definition of free cultural work or most of the free licences expect 
free redistribution  should be possible through any media  such as print or say 
a cd; Now if some one wants to print some media from wikimedia wiki and 
redistribute in India, which law the fellow is going to face U.S. law or the 
Indian law ?  I wish believers of this theory sincerely revisit spirit of free 
cultural work definition before coming to the conclusion that Indian law does 
not have.
2) Now we come to the 'choice of law'  

2A)   Before I began my study to put forward rfc, one Indian legal expert (with 
her disclaimer) had replied  to my query that, " I believe that online content 
accessible in India should complywith Indian law including with the Indian 
Copyright Act.  "  and my query was  "Many (most) Indian wikipedians 
usually tend to believe that Fair usage clause under US laws only will be 
applicable event to Indian content or images since wikimedia servers are in USA 
and they do not need to bother about Indian copyright act position. Whether 
those people are correct to believe so;" 

2B)  When you say "As far as I know, the servers of the mr.wikipedia as well as 
commons are hosted by the Wikimedia Foundation out of USA and is entirely under 
US copyright jurisdiction; and all content on the servers only need to fulfill 
the requirements of US law." probably you are representing the partial truth, 
rather than the word "only" what I would make bold is "...all content on the 
servers only need to fulfill the requirements of US law."  This sentence is 
probably talking only about servers only and missing the affected Users who are 
human being, the network and aparatus used in India, and the place of cause of 
action etc. is being forgotten.
2C) "..Second, the mere fact that a host server is located in Country 
B, without more, does not give Country B jurisdiction.It is increasingly 
common in the global marketplace that two or more countries have jurisdiction 
to hear the dispute... " ~ by Sarah Bird - Reference : International 
Copyright on the Web: What Rules Apply to Me and What Court Will Apply Them? 
 

2C) I had raised the same RFC issue with the WMF legal team member and replying 
person discussed about their research effort on the subject, but uptil now in 
none of the emails to me he never said that Indian law need not be considered.
2D) Wikimedia foundation Resolution:Licensing_policy  is clear enough on this 
issue and it expects every individual language wikipedia project to have 
indipendent Exemption Doctrine Policy (EDP) it states "A project-specific 
policy, in accordance with United States law and the law of countries where the 
project content is predominantly accessed (if any), that recognizes the 
limitations of copyright law (including case law) as applicable to the project, 
and permits the upload of copyrighted materials that can be legally used in the 
context of the project, regardless of their licensing status"    
I believe that there is scope to revisit and challange our own long held 
perceptions. And hope that  we are not  in denial  or we are not looking for a 
face saver because Indian law seems to put forwards some challanges to our 
perceptions and we are afraid to face them, I suppose we should not be.
(Please do not take this as a personal criticism every one is free to hold his 
or her own openions and perceptions after all and face the law on their own end 
of the day.)  
 

 Disclaimer 
These are my personal perceptions and not a legal advice. For formal advice 
please always consult to your own professional leagal adivisor . Legal 
disclaimers: 1,User:Mahitgar - Meta ,  Wikipedia:Legal disclaimer - Wikipedia, 
the free encyclopedia  ,  उत्तरदायकत्वास नकार (माहितगारकृत) | मिसळपाव  
 Thanks Rgds
Mahitgar 



 On Tuesday, 14 July 2015 1:47 PM, Shyamal Lakshminarayanan 
 wrote:
   

 Mahitgar, sorry but I still do not get the context. As far as I know, the 
servers of the mr.wikipedia as well as commons are hosted by the Wikimedia 
Foundation out of USA and is entirely under US copyright jurisdiction; and all 
content on the servers only need to fulfill the requirements of US law. 

In any case I think CC0 and PD repre

Re: [Wikimediaindia-l] Peer review and document improvement request

2015-07-14 Thread Shyamal Lakshminarayanan 
Mahitgar, sorry but I still do not get the context. As far as I know, the
servers of the mr.wikipedia as well as commons are hosted by the Wikimedia
Foundation out of USA and is entirely under US copyright jurisdiction; and
all content on the servers *only *need to fulfill the requirements of US
law.

In any case I think CC0 and PD represent the extreme of freedom that, based
on my personal interactions with artists and photographers, few private
individuals in India would consider. Most individuals seem to prefer a
cc-by-nc-nd. A 2009 study by Creative Commons shows that on Flickr, the
restrictive licenses are more popular (less than a quarter are Commons
compatible) - http://creativecommons.org/weblog/entry/13588

This does however raise an interesting question on whether Indian/Indic
users make an intelligent choice of licenses when uploading on Commons. For
a general idea of the break up of files by license-type - see the figures
in
https://commons.wikimedia.org/wiki/Category:Free_Creative_Commons_licenses
- the numbers indicated here are tricky as a single file can be under
multiple licenses. However this should give some sense on license
popularity and tell us where educational efforts are needed. PD and CC0
represent under 5% of the files.

CC-BY-1.0‎  6912  0.04
CC-BY-2.0‎   1530362  8.69
CC-BY-2.5‎277995  1.58
CC-BY-3.0‎   1094029  6.21
CC-BY-4.0‎157993  0.90
CC-BY-SA-1.0‎  27496  0.16
CC-BY-SA-2.0‎2956920 16.79
CC-BY-SA-2.5‎ 309394  1.76
CC-BY-SA-3.0‎7586634 43.08
CC-BY-SA-3.0-mig1087942  6.18
CC-BY-SA-3.0-migd 66639  0.38
CC-BY-SA-4.0‎1750361  9.94
CC-PD‎  4315  0.02
CC-SA-1.0‎  3842  0.02
CC-Zero‎  749656  4.26
TOTAL LICENSES 17610490

CC-BY variants17.42 %
CC-BY-SA variants 78.28 %
CC0/PD 4.28 %


best wishes
en.user:Shyamal
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Re: [Wikimediaindia-l] Peer review and document improvement request

2015-07-13 Thread Mahitgar from Marathi Wikipedia 
@ Shyamal
Thanks for your reply.  Thanks for referring to CC0 documentation. Those who 
are already following this discussion thread can refer to 1st and last point 
i.e. 1) &  4 D)  and ofcourse the disclaimer.

1)  The main purpose of document  meta:Help:Form I & Affidavit (Customised for 
relinquishment of copyright as per 'free cultural work' definition)   is, 
uitlise  available provisions-processess for copyright relinqushment under 
Indian Copyright law. 
2) At the same time comply with the law and  spirit of 'free cultural work 
definition' to the best possible extant.

Legal aspect in the free cultural work definition is, "No other restrictions or 
limitations: The work itself must not be covered by legal restrictions or 
limitations  which would impede the freedoms enumerated ... . A work may 
make use of existing legal exemptions to copyright (in order to cite 
copyrighted works), though only the portions of it which are unambiguously free 
constitute a free work. "

3) As issue raised by me at meta rfc  I feel there is a need to revisit clause 
by clause; Section 21 subsection (3), Section 30A, Section 19 subsections 
1,2,4,5,6; Section 57 subsection(1) clause (b) of Indian Copyright Act 1957, to 
be inline with spirit of 'free cultural work definition' 
4 A) Now you suggested to refer to CC0 I feel the same to be ok enough vis a 
vis Section 57 (1) b; 

4 B) If words legal tool and Waiver are used and word licence is not used 
section 30A and inturn  Section 19 (1) provision asking for written signature 
is less likely to come in to picture and a public anouncement of relinqushment 
is supposed to be enough wide section 21 (But still we can not be 100 % sure 
since word licence is not defined in Indian Copyright act) 

4 C) CC0 Waiver seems to take care some more concerns arising out of section 19 
 subsection 2,3,4,5,6
4 D) Vis a vis to CC0 now refer to  Section 21 subsection (3) and section 19  
subsection (8)  It is perfectly ok that CC0 and Indian Copyright act are quite 
carefull enough that those do not infringe upon non concenting other authors or 
rights of contractual oblgation with a copyright society.  But if in a given 
work's authorship or rights are shared by non-concenting multiple authors or 
shared by a copy right society and and only one or limited number of authors 
are conceting to CC0 declaration and by ommission or commission are not 
disclosing existance of rights of other parties then there is (atleas an 
hypothetical direct or indirect) lapse in fullfilling  free cultural work 
definition that expects 

The work itself must not be covered by legal restrictions or limitations 
 which would impede the freedoms enumerated 
As per my personal openion this possibility of lapse calls in(need)  for some  
additional measure or protocall  to be followed in  to confirm from CC0  
concenting  that there in no such likely impediment  from any other owner of 
the work or any copyright society. I suppose Wikimedia commons also expects an 
upload should not have such impedement but uploading user is not informed in 
clear terms of this requirement  as of now. And that needs and can be done 
through upload wizard.    
Rgds.

Following is  CC0  code. Code of other CC licences may be different and I have 
not studied or refered to other CC licences for this discussion uptil now.
 Creative Commons Legal Code   
 
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disclaimers: 1,User:Mahitgar - Meta ,  Wikipedia:Legal disclaimer - Wikipedia, 
the free encyclopedia  ,  उत्तरदायकत्वास नकार (माहितगारकृत) | मिसळपाव  

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Re: [Wikimediaindia-l] Peer review and document improvement request

2015-07-11 Thread Shyamal Lakshminarayanan 
Mahitgar,

Seeing the comments on the talk page I think the confusion is due to the
lack of context that seems to force the reader to think between the lines.
For instance on my first read it looked like you were implicitly stating
that the requirement of 'free cultural work' is not being met by the CC
licensing variants available. Perhaps this deals only with relinquishing
copyright - ie releasing into the "public domain" rather than licensing? My
belief has been that CC0 works in the Indian jurisdiction. Assuming that
you are stating it does not, it might help to specifically explain why you
think CC0 does not work in India.

best wishes
[[en:User:Shyamal]]

On Sat, Jul 11, 2015 at 12:49 PM, Mahitgar from Marathi Wikipedia <
mahit...@yahoo.co.in> wrote:

> This is a Peer review request to seek broader input to improve page*:
> meta:Help:Form I & Affidavit (Customised for relinquishment of copyright as
> per 'free cultural work' definition)
> 
> an option available under (Indian) Copyright act 1957 rules.*
>
>
>
> Rgds
> Mahitgar
>
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