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.)  

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

     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 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) -

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 - 
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 

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

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