On Tue, Jul 28, 2015 at 11:05 PM, Martin Kraft <wikipe...@martinkraft.com>

> 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 attribution was improper?
> Sorry guys but if I read suggestions like this, I seriously ask myself, if
> you've ever read the legal code of CC-BY-SA[1] or the the
> copyright/Urheberrecht it is based on?!
> Why? Because this is legal base of HaraldBischoffs "Abmahnung". So whoever
> wants to sue him for sueing somebody, should at least have some idea of
> what legal offence he should be sued for.
> And from the legal point of view, it makes a big difference wether the
> attribution is on a website that is operated by the same institution (like
> Wikipedia and Commons) or on a third party website. The latter case
> definetly is no proper CC-attribution.

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 clicking on the image), while not fitting anyone else doing exactly
the same? 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 page or pages that you are re-using (since each page has a history page
that lists all authors and editors)".]

And even under this strict reading of the license, the original post refers
to a blogger "who used a foto, with backlink to commons, and attributing in
mouseover", i.e. attributing _on the same webpage_ (together with linking
to the image source with full credit and license information), even though
not visibly without pointing the mouse on the photo.

-- [[cs:User:Mormegil | Petr Kadlec]]
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