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
<lshya...@gmail.com> 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 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-2.5 277995 1.58
CC-BY-3.0 1094029 6.21
CC-BY-4.0 157993 0.90
CC-BY-SA-1.0 27496 0.16
CC-BY-SA-2.0 2956920 16.79
CC-BY-SA-2.5 309394 1.76
CC-BY-SA-3.0 7586634 43.08
CC-BY-SA-3.0-mig 1087942 6.18
CC-BY-SA-3.0-migd 66639 0.38
CC-BY-SA-4.0 1750361 9.94
CC-PD 4315 0.02
CC-SA-1.0 3842 0.02
CC-Zero 749656 4.26
TOTAL LICENSES 17610490
CC-BY variants 17.42 %
CC-BY-SA variants 78.28 %
CC0/PD 4.28 %
best wishes
en.user:Shyamal
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