Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread David Gerard
2009/7/11 David Gerard dger...@gmail.com:

 It gets better: the editor they sent the threat to is an American.
 So, to recap: A UK organisation is threatening an American with legal
 action over what is unambiguously, in established US law, not a
 copyright violation of any sort.
 I can't see this ending well for the NPG.


In fact, the more legal success they have with this approach (and they
do have a plausible cause in the UK, if they throw enough money at
arguing so), the more *utterly radioactive* the publicity for them
will be.

I’ll be calling the NPG first thing Monday (in my capacity as “just a
blogger on Wikimedia-related topics”) to establish just what they
think they’re doing here. Other WMF bloggers and, if interested,
journalists may wish to do the same, to establish what their
consistent response is.


- d.

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Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread Virgin, Steve

David makes some excellent points. May I suggest one thing?  

Wouldn't it better if journalists were making the calls that david rightly 
suggests?

If we have some 'friends' in this newspaper community could we not tell them 
what david explains below and get them to make this call?

If we wake them up to the weakness of their position they will simply fix it. 

If we get the news  'out there'  we can simply be interested bystanders 
watching their troubles. A nicer situation to be in. 



- Original Message -
From: wikimediauk-l-boun...@lists.wikimedia.org 
wikimediauk-l-boun...@lists.wikimedia.org
To: wikimediauk-l@lists.wikimedia.org wikimediauk-l@lists.wikimedia.org
Sent: Sat Jul 11 11:43:42 2009
Subject: Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned  
to the National Portrait Gallery ...

2009/7/11 David Gerard dger...@gmail.com:

 It gets better: the editor they sent the threat to is an American.
 So, to recap: A UK organisation is threatening an American with legal
 action over what is unambiguously, in established US law, not a
 copyright violation of any sort.
 I can't see this ending well for the NPG.


In fact, the more legal success they have with this approach (and they
do have a plausible cause in the UK, if they throw enough money at
arguing so), the more *utterly radioactive* the publicity for them
will be.

I’ll be calling the NPG first thing Monday (in my capacity as “just a
blogger on Wikimedia-related topics”) to establish just what they
think they’re doing here. Other WMF bloggers and, if interested,
journalists may wish to do the same, to establish what their
consistent response is.


- d.

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Re: [Wikimediauk-l] [Foundation-l] sue and be damned FOI to NPG

2009-07-11 Thread Dahsun

Perhaps the air would be slightly clearer if Wikimedia UK were to make Freedom 
of Information Act requests to the NPG and other Publicly funded galleries for 
the highest def digital photos they have available of any artworks in their 
possession.



--- On Sat, 11/7/09, Virgin, Steve steve.vir...@dowjones.com wrote:

 From: Virgin, Steve steve.vir...@dowjones.com
 Subject: Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to 
 the National Portrait Gallery ...
 To: 'wikimediauk-l@lists.wikimedia.org' wikimediauk-l@lists.wikimedia.org
 Date: Saturday, 11 July, 2009, 12:17 PM
 
 David makes some excellent points. May I suggest one
 thing?  
 
 Wouldn't it better if journalists were making the calls
 that david rightly suggests?
 
 If we have some 'friends' in this newspaper community could
 we not tell them what david explains below and get them to
 make this call?
 
 If we wake them up to the weakness of their position they
 will simply fix it. 
 
 If we get the news  'out there'  we can simply be
 interested bystanders watching their troubles. A nicer
 situation to be in. 
 
 
 
 - Original Message -
 From: wikimediauk-l-boun...@lists.wikimedia.org
 wikimediauk-l-boun...@lists.wikimedia.org
 To: wikimediauk-l@lists.wikimedia.org
 wikimediauk-l@lists.wikimedia.org
 Sent: Sat Jul 11 11:43:42 2009
 Subject: Re: [Wikimediauk-l] [Foundation-l] About that sue
 and be damnedto the National Portrait
 Gallery ...
 
 2009/7/11 David Gerard dger...@gmail.com:
 
  It gets better: the editor they sent the threat to is
 an American.
  So, to recap: A UK organisation is threatening an
 American with legal
  action over what is unambiguously, in established US
 law, not a
  copyright violation of any sort.
  I can't see this ending well for the NPG.
 
 
 In fact, the more legal success they have with this
 approach (and they
 do have a plausible cause in the UK, if they throw enough
 money at
 arguing so), the more *utterly radioactive* the publicity
 for them
 will be.
 
 I’ll be calling the NPG first thing Monday (in my
 capacity as “just a
 blogger on Wikimedia-related topics”) to establish just
 what they
 think they’re doing here. Other WMF bloggers and, if
 interested,
 journalists may wish to do the same, to establish what
 their
 consistent response is.
 
 
 - d.
 
 


  

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Re: [Wikimediauk-l] [Foundation-l] sue and be damned FOI to NPG

2009-07-11 Thread David Gerard
2009/7/11 Dahsun dah...@yahoo.com:

 Perhaps the air would be slightly clearer if Wikimedia UK were to make 
 Freedom of Information Act requests to the NPG and other Publicly funded 
 galleries for the highest def digital photos they have available of any 
 artworks in their possession.


WMUK getting directly involved in this would be very bad for WMUK's
(legal) perceived separation from WMF. Of course, WMUK could
meaningfully comment that claiming copyright on something four
hundred years old is more than a little odious - it's not like the
painter will paint another painting if only th NPG can make legal
threats.

That said, your approach is most certainly particularly amusing :-D I
expect they'd claim these were commercial works and the core of their
business or somesuch.


- d.

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Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread Sam Blacketer
On Sat, Jul 11, 2009 at 11:43 AM, David Gerard dger...@gmail.com wrote:


 In fact, the more legal success they have with this approach (and they
 do have a plausible cause in the UK, if they throw enough money at
 arguing so), the more *utterly radioactive* the publicity for them
 will be.

 I’ll be calling the NPG first thing Monday (in my capacity as “just a
 blogger on Wikimedia-related topics”) to establish just what they
 think they’re doing here. Other WMF bloggers and, if interested,
 journalists may wish to do the same, to establish what their
 consistent response is.


What  they think they're doing is protecting their revenue. I've just posted
on commons explaining where I think the NPG are coming from. To cut a long
story short, they are a non-profit making gallery and licensing
reproductions makes them a sizable annual income. They are also key members
of a group which co-ordinates other UK museums and galleries on copyright
law. They can't just decide to give up this case; they will fight it, if
needs be, in court.

Expect the NPG to argue that allowing WMF to host reproductions would, in
effect, extend Bridgeman v Corel worldwide, thereby depriving galleries of a
significant income from reproduction fees - income which would not therefore
be available to fund restoration of pictures etc. They are also likely to
say that the result would probably be that galleries would be unable to
afford to run websites containing reproductions, so it would actually
diminish public access.

I doubt that the media battle will be one-sided. The NPG has a large number
of influential friends.

-- 
Sam Blacketer
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[Wikimediauk-l] Fwd: [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread Sam Blacketer
Sending this again - I am a list member but got a bounce message for some
reason.

-- Forwarded message --
From: Sam Blacketer sam.blacke...@googlemail.com
Date: Sat, Jul 11, 2009 at 12:22 PM
Subject: Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned
to the National Portrait Gallery ...
To: wikimediauk-l@lists.wikimedia.org


On Sat, Jul 11, 2009 at 11:43 AM, David Gerard dger...@gmail.com wrote:


 In fact, the more legal success they have with this approach (and they
 do have a plausible cause in the UK, if they throw enough money at
 arguing so), the more *utterly radioactive* the publicity for them
 will be.

 I’ll be calling the NPG first thing Monday (in my capacity as “just a
 blogger on Wikimedia-related topics”) to establish just what they
 think they’re doing here. Other WMF bloggers and, if interested,
 journalists may wish to do the same, to establish what their
 consistent response is.


What  they think they're doing is protecting their revenue. I've just posted
on commons explaining where I think the NPG are coming from. To cut a long
story short, they are a non-profit making gallery and licensing
reproductions makes them a sizable annual income. They are also key members
of a group which co-ordinates other UK museums and galleries on copyright
law. They can't just decide to give up this case; they will fight it, if
needs be, in court.

Expect the NPG to argue that allowing WMF to host reproductions would, in
effect, extend Bridgeman v Corel worldwide, thereby depriving galleries of a
significant income from reproduction fees - income which would not therefore
be available to fund restoration of pictures etc. They are also likely to
say that the result would probably be that galleries would be unable to
afford to run websites containing reproductions, so it would actually
diminish public access.

I doubt that the media battle will be one-sided. The NPG has a large number
of influential friends.

-- 
Sam Blacketer




-- 
Sam Blacketer
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Re: [Wikimediauk-l] [Foundation-l] sue and be damned FOI to NPG

2009-07-11 Thread Sam Blacketer
Why are my posts not appearing on this list when I am a list subscriber?

-- 
Sam Blacketer
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Re: [Wikimediauk-l] [Foundation-l] sue and be damned FOI to NPG

2009-07-11 Thread David Gerard
2009/7/11 Sam Blacketer sam.blacke...@googlemail.com:

 Why are my posts not appearing on this list when I am a list subscriber?


You're subscribed as @gmail.com but are now sending from
@googlemail.com. I've added a whitelisting for the @googlemail.com
address.

Others with this problem can solve it easily by subscribing the other
address too and setting it to 'nomail.'


- d.

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Re: [Wikimediauk-l] [Foundation-l] About that sue and be damnedto the National Portrait Gallery ...

2009-07-11 Thread Brian McNeil
I have emailed the culture department, pointed them at the legal threat, and
asked a few questions and for a statement on this.

 

 

Brian.

 

-Original Message-
From: wikimediauk-l-boun...@lists.wikimedia.org
[mailto:wikimediauk-l-boun...@lists.wikimedia.org] On Behalf Of Sam
Blacketer
Sent: 11 July 2009 12:23
To: wikimediauk-l@lists.wikimedia.org
Subject: Re: [Wikimediauk-l] [Foundation-l] About that sue and be damnedto
the National Portrait Gallery ...

 

On Sat, Jul 11, 2009 at 11:43 AM, David Gerard dger...@gmail.com wrote:

 

In fact, the more legal success they have with this approach (and they
do have a plausible cause in the UK, if they throw enough money at
arguing so), the more *utterly radioactive* the publicity for them
will be.

I'll be calling the NPG first thing Monday (in my capacity as just a
blogger on Wikimedia-related topics) to establish just what they
think they're doing here. Other WMF bloggers and, if interested,
journalists may wish to do the same, to establish what their
consistent response is.


What  they think they're doing is protecting their revenue. I've just posted
on commons explaining where I think the NPG are coming from. To cut a long
story short, they are a non-profit making gallery and licensing
reproductions makes them a sizable annual income. They are also key members
of a group which co-ordinates other UK museums and galleries on copyright
law. They can't just decide to give up this case; they will fight it, if
needs be, in court.

Expect the NPG to argue that allowing WMF to host reproductions would, in
effect, extend Bridgeman v Corel worldwide, thereby depriving galleries of a
significant income from reproduction fees - income which would not therefore
be available to fund restoration of pictures etc. They are also likely to
say that the result would probably be that galleries would be unable to
afford to run websites containing reproductions, so it would actually
diminish public access. 

I doubt that the media battle will be one-sided. The NPG has a large number
of influential friends.

-- 
Sam Blacketer

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Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread Thomas Dalton
2009/7/11 David Gerard dger...@gmail.com:
 I’ll be calling the NPG first thing Monday (in my capacity as “just a
 blogger on Wikimedia-related topics”) to establish just what they
 think they’re doing here. Other WMF bloggers and, if interested,
 journalists may wish to do the same, to establish what their
 consistent response is.

Please don't. This is Derrick's case, let him decide what to do before
you do anything. Whatever we are going to do, it needs to be part of a
united strategy.

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Re: [Wikimediauk-l] [Foundation-l] About that sue and be damned to the National Portrait Gallery ...

2009-07-11 Thread Thomas Dalton
2009/7/11 Virgin, Steve steve.vir...@dowjones.com:

 David makes some excellent points. May I suggest one thing?

 Wouldn't it better if journalists were making the calls that david rightly 
 suggests?

 If we have some 'friends' in this newspaper community could we not tell them 
 what david explains below and get them to make this call?

 If we wake them up to the weakness of their position they will simply fix it.

 If we get the news  'out there'  we can simply be interested bystanders 
 watching their troubles. A nicer situation to be in.

Maybe, but not yet. We need to wait until Derrick and the WMF have
talked and determined their strategy, then we can work out what we can
do to help.

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