Simon Poole wrote:
Am 04.02.2013 10:21, schrieb Lester Caine:
OK - there is an 'official procedure' for dealing with copyright
infringement documented on
http://www.osmfoundation.org/wiki/License/Takedown_procedure through
which even 'Cease and Desist' should be handled? It is normal practice
nowadays to follow the 'Digital Millennium Copyright Act' rules for
all copyright and trademark disputes relating to the internet.
The DCMA takedown process has nothing to do with trademark, or patent
disputes. It concerns itself solely with copyright issues (and that in
the US of A). Following the procedure provides us a safe harbour against
being sued in the US (for contributory infringement and damages). This
protection comes with the price of us simply complying with valid (in
formal terms) requests without making a determination if the material in
question is actually infringing the rights of whoever made the takedown
request. The basic procedure is given by the law and for example is
documented on the http://www.chillingeffects.org/ site (which unluckily
seems to be experiencing a lot problems recently).
I doubt that it would be wise or legally possible to publish the full
text of any takedown requests we have received, and if it is just for UK
data protection regulations. I do think it would be a good idea to
publish something along the lines of a "transparency" report on a
quarterly or similar base, however (DWG pls correct me) I don't believe
that outside of internal disputes there have been any noticeable number
of takedown or similar requests from third parties over the life of the
project to date so it is not going to make very interesting reading
My personal opinion only naturally.
Simon ... READ the Takedown procedure ... The reference to DMCA is taken 'In
addition' to dealing with copyright infringements, and in the UK we treat
trademark problems in the same way as copyright? What is actually wrong is that
the on-line form is structured for the DMCA, but the procedure refers to all
takedown requests? As it should ... The DMCA procedure does provide a consistent
way of handling any request?
What is missing is a statement that the information WILL be published as part of
the process of handling the complaint? But I think my main thought here is that
WE need to know what we are and are not allowed to use, and only the original
document would document that? Which saves someone having to 'rewrite' the
information and possibly misinterpret it ;) In other words there is no logical
reason for not publishing the information, and the sender should expect that to
be the case in all C&D cases?
--
Lester Caine - G8HFL
-----------------------------
Contact - http://lsces.co.uk/wiki/?page=contact
L.S.Caine Electronic Services - http://lsces.co.uk
EnquirySolve - http://enquirysolve.com/
Model Engineers Digital Workshop - http://medw.co.uk
Rainbow Digital Media - http://rainbowdigitalmedia.co.uk
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