Richard Arthur Norton copyright cleanup

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Re: Richard Arthur Norton copyright cleanup

Unread post by Poetlister » Sat Feb 10, 2018 6:36 pm

Renée Bagslint wrote:
Randy from Boise wrote:RAN is either a grumpy bastard or a kook (or a little from column A and a little from column B) — but he is clearly a "Net Positive" in terms of improving the encyclopedia's content.

WP is not in a state of "terminal decline" — it is perking along quite nicely, thank you very much.
So the six thousand articles that will take you until 2030 to check were "improving" the content? Having a million inadequately sourced articles is "perking along quite nicely"? Having huge problems and no effective plan or realistic prospect of dealing with them is not terminal decline? It seems your view of the world differs from mine in more than the question of how to spell "encyclopaedia".
If someone is seriously damaging Wikipedia, that is not a good thing. If a shop assistant is stealing money from the shop, is it a defence to say that he's a good salesman or do you get rid of him and maybe call the police?

Undoubtedly there are huge flaws in Wikipedia. Probably, many (maybe most) will never be fixed and anyway new ones are coming along all the time. However, for better or worse that is not the same as terminal decline. Wikipedia is going to be around for a good while yet.
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Re: Richard Arthur Norton copyright cleanup

Unread post by JCM » Sat Feb 10, 2018 6:44 pm

First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such. Just because one is free to misrepresent or misquote others doesn't mean they should, or that doing so is actively tolerated.

Second, regarding the matter of reproducing "plain data" type material which might be in some eyes theoretically under copyright. The law recognizes some, few, instances in which it is all but impossible not to perhaps reproduce verbatim copyrighted sources, when those sources say, for instance, "John Doe died on March 4, 1862."

That still leaves rather a mountain of at least potential copyright violations involving what might be matters of opinion or interpretation of noncopyrightable facts, and in some cases matters relating to discoveries or creations made by people first and maybe to date only discussed in copyrighted material, as well as matters of particular unique phrasings and suchlike. I think, in general, we oppose all those too, and I personally can remember a discussion at Carnatic music (T-H-L) regarding copyvios there which I think should have gone much farther in changing the content.

But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.

I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.

Regarding copyvios on websites which allow anyone and everyone to modify them, I wonder how many sites containing copyrighted music and other material are out there, and how many are sued for such. It would certainly make sense to consider a lawsuit against the individual web editor who adds such material, but at least personally I don't think it makes any more sense to sue the WMF for copyvios than it does to sue a state or national government for allowing a drunken driver to operate a vehicle.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sat Feb 10, 2018 7:14 pm

JCM wrote:But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.
No, we do not claim that governments tolerate drunk driving. There are stringent legal requirements, including tests of knowledge and skill, on who can operate a car and further requirements of age and good conduct on who can buy and sell alcohol. There is a government-funded police force whose duties include monitoring the activities of drivers and physically preventing those who are drunk from driving further. There are government-funded courts to judge the cases of those accused of drunken driving, and government-funded prisons to restrain those whose cases are serious or incorrigible. There is a government-funded ambulance and health service to treat the victims of drunken driving. There are regular government-funded advertising campaigns encouraging people to understand the consequences of drunken driving.

What analogue, if any, do these have in the case of Wikipedia and the Wikimedia Foundation? None at all that I can see. Let's imagine the Wikipedian way of handling the copyright problem applied to drunken driving. Anyone can buy a car and drive a car, and indeed there are public facilities that lend you access to a car for free, and lend you alcohol for free as well. There are no tests at all. There are some volunteers who respond to reports from the public about drunken driving, who turn up years later: in really serious cases they also sit in judgement on the worst offenders. The punishment they impose is to be told not to drink and drive again, at least, not under the same name. The victims are left lying around for years, sometimes with a sign put up alerting passers-by to their need for help, in the hope that a volunteer will come to their aid: there is no plan to organise help, but it is believed that they may all be seen to some time before 2030. Meanwhile, the government spends all its tax revenue on an advertising campaign encouraging people to believe that everything is fine, and that the victims have no right to complain.

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Re: Richard Arthur Norton copyright cleanup

Unread post by tarantino » Sat Feb 10, 2018 7:21 pm

JCM wrote:First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such.
He was quoting Renée, but messed up. I fixed it.

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Re: Richard Arthur Norton copyright cleanup

Unread post by CrowsNest » Sat Feb 10, 2018 7:26 pm

This is just a retread of the usual Section 230 / Wikipedia is Wonderful defence, that's been seen in so many other areas. Suing the WMF would of course be based on demonstrating they have been knowingly complicit, by allowing the likes of Richard to rip people off on a massive scale, well beyond the point it can be called an innocent mistake, and leaving it to a skeleton crew of volunteers to clean up the mess, something they know is wholly insufficient for the task.

One day Wikipedia will suffer the same fate other organisations have when trying to argue that somehow doing the bare minimum legally required of them, somehow lets them off the hook. If all that is required to trigger a media storm and start a fire under their asses is track down every victim listed in each CCI and instruct them how to file DMCA notices, I'm sure we could crowdsource that.

If I can sue my government for failing to revoke the license of a known drink driver, then I absolutely should be able to sue the WMF for continuing to allow Richard to edit, and allowing his violations to remain, unblanked/untagged, reused endlessly by people who have no clue their licenses are totally borked.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 8:01 pm

JCM wrote:First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such. Just because one is free to misrepresent or misquote others doesn't mean they should, or that doing so is actively tolerated.

Second, regarding the matter of reproducing "plain data" type material which might be in some eyes theoretically under copyright. The law recognizes some, few, instances in which it is all but impossible not to perhaps reproduce verbatim copyrighted sources, when those sources say, for instance, "John Doe died on March 4, 1862."

That still leaves rather a mountain of at least potential copyright violations involving what might be matters of opinion or interpretation of noncopyrightable facts, and in some cases matters relating to discoveries or creations made by people first and maybe to date only discussed in copyrighted material, as well as matters of particular unique phrasings and suchlike. I think, in general, we oppose all those too, and I personally can remember a discussion at Carnatic music (T-H-L) regarding copyvios there which I think should have gone much farther in changing the content.

But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.

I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.

Regarding copyvios on websites which allow anyone and everyone to modify them, I wonder how many sites containing copyrighted music and other material are out there, and how many are sued for such. It would certainly make sense to consider a lawsuit against the individual web editor who adds such material, but at least personally I don't think it makes any more sense to sue the WMF for copyvios than it does to sue a state or national government for allowing a drunken driver to operate a vehicle.
Who ho, ho. You suggested it was OK because something with human rights. and I complete disagree whit you, WMF tolerates copvio and protects the perpetrators! That is the place to be! Many words doesn't make your argument stronger. The judge judge at the end about copyvio, and not one of your arguments will survive in a (European) court room, and that is were it is about! Copyvio=Copyvio. (dot.)
Last edited by Graaf Statler on Sat Feb 10, 2018 8:15 pm, edited 1 time in total.
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Re: Richard Arthur Norton copyright cleanup

Unread post by JCM » Sat Feb 10, 2018 8:15 pm

Graaf Statler wrote:
JCM wrote:First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such. Just because one is free to misrepresent or misquote others doesn't mean they should, or that doing so is actively tolerated.

Second, regarding the matter of reproducing "plain data" type material which might be in some eyes theoretically under copyright. The law recognizes some, few, instances in which it is all but impossible not to perhaps reproduce verbatim copyrighted sources, when those sources say, for instance, "John Doe died on March 4, 1862."

That still leaves rather a mountain of at least potential copyright violations involving what might be matters of opinion or interpretation of noncopyrightable facts, and in some cases matters relating to discoveries or creations made by people first and maybe to date only discussed in copyrighted material, as well as matters of particular unique phrasings and suchlike. I think, in general, we oppose all those too, and I personally can remember a discussion at Carnatic music (T-H-L) regarding copyvios there which I think should have gone much farther in changing the content.

But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.

I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.

Regarding copyvios on websites which allow anyone and everyone to modify them, I wonder how many sites containing copyrighted music and other material are out there, and how many are sued for such. It would certainly make sense to consider a lawsuit against the individual web editor who adds such material, but at least personally I don't think it makes any more sense to sue the WMF for copyvios than it does to sue a state or national government for allowing a drunken driver to operate a vehicle.[/quote

]Who ho, ho. You suggested it was OK because something with human rights. . And I complete disagree whit you, WMF tolerates copvio and protects the perpetrators! That is the place to be! Many words doesn't make your argument stronger. THe Judge judge at the end, and not one of your arguments will survive in the court room, and that is were it is about!
Actually, I think the WMF has been taken to court, or at least threatened be taken to court, as you imply it will again above. I don't remember them having been doing liable, at least I part I think because of it's openness to everyone, itself at least in part to prevent repressive control by some governments. If I am to assume from your post that you are yourself threatening to take them to court, please let us know as much about the pretrial and proceedings as possible. And, FWIW, I hold nothing against you for having made a mistake, which could be itself considered maybe a bit of a misattribution of Renee, which for all I know might be in some areas legally equivalent. And if you have any direct evidence to support your assertion of the WMF protecting copyright violators, as you exclaim above, I would love to see it presented here, although I do have to assume that you are talking about something other than anu intentional mistake or two or a copyvio which might qualify to some as whistleblowing or something equivalent.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 8:19 pm

JCM wrote:
Graaf Statler wrote:
JCM wrote:First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such. Just because one is free to misrepresent or misquote others doesn't mean they should, or that doing so is actively tolerated.

Second, regarding the matter of reproducing "plain data" type material which might be in some eyes theoretically under copyright. The law recognizes some, few, instances in which it is all but impossible not to perhaps reproduce verbatim copyrighted sources, when those sources say, for instance, "John Doe died on March 4, 1862."

That still leaves rather a mountain of at least potential copyright violations involving what might be matters of opinion or interpretation of noncopyrightable facts, and in some cases matters relating to discoveries or creations made by people first and maybe to date only discussed in copyrighted material, as well as matters of particular unique phrasings and suchlike. I think, in general, we oppose all those too, and I personally can remember a discussion at Carnatic music (T-H-L) regarding copyvios there which I think should have gone much farther in changing the content.

But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.

I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.

Regarding copyvios on websites which allow anyone and everyone to modify them, I wonder how many sites containing copyrighted music and other material are out there, and how many are sued for such. It would certainly make sense to consider a lawsuit against the individual web editor who adds such material, but at least personally I don't think it makes any more sense to sue the WMF for copyvios than it does to sue a state or national government for allowing a drunken driver to operate a vehicle.[/quote

]Who ho, ho. You suggested it was OK because something with human rights. . And I complete disagree whit you, WMF tolerates copvio and protects the perpetrators! That is the place to be! Many words doesn't make your argument stronger. THe Judge judge at the end, and not one of your arguments will survive in the court room, and that is were it is about!
Actually, I think the WMF has been taken to court, or at least threatened be taken to court, as you imply it will again above. I don't remember them having been doing liable, at least I part I think because of it's openness to everyone, itself at least in part to prevent repressive control by some governments. If I am to assume from your post that you are yourself threatening to take them to court, please let us know as much about the pretrial and proceedings as possible. And, FWIW, I hold nothing against you for having made a mistake, which could be itself considered maybe a bit of a misattribution of Renee, which for all I know might be in some areas legally equivalent. And if you have any direct evidence to support your assertion of the WMF protecting copyright violators, as you exclaim above, I would love to see it presented here, although I do have to assume that you are talking about something other than anu intentional mistake or two or a copyvio which might qualify to some as whistleblowing or something equivalent.
*Sorry most is in Dutch, but that doesn't matter. Anything else you want? Like I said before, many words doesn't help you.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sat Feb 10, 2018 8:23 pm

JCM wrote:I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.
Let us look at Wikipedia:Copyright_violations#Information_for_copyright_owners then:
Wikipedia wrote:If you are a copyright owner or represent a copyright owner, and you believe that Wikipedia is infringing your copyright, we can assist you best via e-mail. You may contact info-en-c@wikimedia.org with an informal request; please cite the exact URL (the "address" or "location" of the page as shown by your web browser, beginning with https://en.wikipedia.org/...), and provide enough information to substantiate your claim of copyright ownership. Be aware that correspondence is answered by a small number of volunteers, and an immediate reply may not be possible.
(my emphasis).
You may be thinking of the DMCA polcy of the Foundation:
The WMF wrote:If you are a copyright owner and you believe that your work is being infringed, in the spirit of open collaboration, WMF encourages you to seek resolution through the Wikimedia volunteer community. You may contact the Wikimedia volunteer community at info-en-c@wikimedia.org with an informal request for content removal. When you contact the Wikimedia volunteer community, please provide the exact URL (the “address” or “location” of the page as shown by your web browser) of the content and provide enough information to substantiate your claim of copyright ownership. You must support your concern with a link to your publication, a scanned page of the work, and enough publication details for the volunteer community to evaluate your request.

Alternatively, you may initiate a formal DMCA takedown process as set out here and in our Terms of Use. Please note that a third party may submit a counternotice challenging your takedown request, at which point WMF is required to restore the previously-removed content. You may then initiate legal proceedings against the third party who files a DMCA counternotice in order to determine copyright ownership and the legality of the material’s use. You may also be liable for damages, such as costs and attorney fees, if you knowingly and materially misrepresent your claim. As WMF is unable to provide you with legal advice, you may wish to consult an attorney before filing a DMCA takedown notice.
Just to make it clear that if you contact the Foundation, you will be treated as an enemy, they also warn:
The WMF wrote:Please be advised that any Digital Millennium Copyright Act (“DMCA”) takedown notices sent to the Wikimedia Foundation may be sent to third parties (including the content uploader), publicly posted on the Internet (such as at https://wikimediafoundation.org/wiki/Category:DMCA as well as https://www.chillingeffects.org/), and subject to public discussion.
So you can either ask the very people who stole your work in the first place if they wpuld please be so kind, at some point in the future, to consider whether or not they might consider not stealing it; or embark on a costly legal process against a hugely well-funded organisation in their own jurisdiction, and allow them to publish your personal details and expose you to ridicule and worse from their fellow-travellers in the work-stealing business.

Yes, the WMF legal department does indeed jump -- on anyone foolish enough to challenge them, and wearing their best hobnailed boots at that.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 8:28 pm

Renée Bagslint wrote: So you can either ask the very people who stole your work in the first place if they wpuld please be so kind, at some point in the future, to consider whether or not they might consider not stealing it; or embark on a costly legal process against a hugely well-funded organisation in their own jurisdiction, and allow them to publish your personal details and expose you to ridicule and worse from their fellow-travellers in the work-stealing business.

Yes, the WMF legal department does indeed jump -- on anyone foolish enough to challenge them, and wearing their best hobnailed boots at that.
But not in Europe...... They can help nobody there! A copyvio claim is very cheap and lucrative there, and the WMF legal department can do nothing for you there! You can get a claim without any warning!
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Re: Richard Arthur Norton copyright cleanup

Unread post by JCM » Sat Feb 10, 2018 8:34 pm

Graaf Statler wrote:
JCM wrote:
Graaf Statler wrote:
JCM wrote:First, I want to note to everyone that the words Graaf put in my mouth in the quote on the previous page at 12:04 were not in fact from me, and I rather strongly object to their being misrepresented as such. Just because one is free to misrepresent or misquote others doesn't mean they should, or that doing so is actively tolerated.

Second, regarding the matter of reproducing "plain data" type material which might be in some eyes theoretically under copyright. The law recognizes some, few, instances in which it is all but impossible not to perhaps reproduce verbatim copyrighted sources, when those sources say, for instance, "John Doe died on March 4, 1862."

That still leaves rather a mountain of at least potential copyright violations involving what might be matters of opinion or interpretation of noncopyrightable facts, and in some cases matters relating to discoveries or creations made by people first and maybe to date only discussed in copyrighted material, as well as matters of particular unique phrasings and suchlike. I think, in general, we oppose all those too, and I personally can remember a discussion at Carnatic music (T-H-L) regarding copyvios there which I think should have gone much farther in changing the content.

But I do think that it is at least to a degree a very serious mistake and/or misrepresentation of fact to say that editors or the foundation "tolerate" copyvio. The WMF's entities are famously free for anyone to edit, making effectively wikipedia licenses available to everybody, even those who are mentally impaired in some way. Do we criticize governmental entities for "tolerating" drunk driving fatalities? Some individuals do, but most I think recognize that a certain amount of such is built into the system. That is, unless the governing body were to become proactive to a degree that would likely at least border on repression.

I have little if any doubt the legal department jumps on any copyvios brought to their attention, and I assume in most cases that would be done by the copyright holder. In a situation like this, it would be at that level that "toleration" would be determined.

Regarding copyvios on websites which allow anyone and everyone to modify them, I wonder how many sites containing copyrighted music and other material are out there, and how many are sued for such. It would certainly make sense to consider a lawsuit against the individual web editor who adds such material, but at least personally I don't think it makes any more sense to sue the WMF for copyvios than it does to sue a state or national government for allowing a drunken driver to operate a vehicle.[/quote

]Who ho, ho. You suggested it was OK because something with human rights. . And I complete disagree whit you, WMF tolerates copvio and protects the perpetrators! That is the place to be! Many words doesn't make your argument stronger. THe Judge judge at the end, and not one of your arguments will survive in the court room, and that is were it is about!
Actually, I think the WMF has been taken to court, or at least threatened be taken to court, as you imply it will again above. I don't remember them having been doing liable, at least I part I think because of it's openness to everyone, itself at least in part to prevent repressive control by some governments. If I am to assume from your post that you are yourself threatening to take them to court, please let us know as much about the pretrial and proceedings as possible. And, FWIW, I hold nothing against you for having made a mistake, which could be itself considered maybe a bit of a misattribution of Renee, which for all I know might be in some areas legally equivalent. And if you have any direct evidence to support your assertion of the WMF protecting copyright violators, as you exclaim above, I would love to see it presented here, although I do have to assume that you are talking about something other than anu intentional mistake or two or a copyvio which might qualify to some as whistleblowing or something equivalent.
*Sorry most is in Dutch, but that doesn't matter. Anything else you want? Like I said before, many words doesn't help you.
Maybe a link to something other than a index page?

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 8:51 pm

JCM wrote: Maybe a link to something other than a index page?
You ask for evidences, I gave you the evidences of complete corruption inside WMF, and I have not any intention to start a discussion with someone who has no idea of legal matters, doesn't know the Dutch wikipedia, doesn't understand the Dutch legal system, and doesn't understand Dutch. You can find what you need, and that's it. Best, Graaf Statler.
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Re: Richard Arthur Norton copyright cleanup

Unread post by JCM » Sat Feb 10, 2018 8:59 pm

Graaf Statler wrote:
JCM wrote: Maybe a link to something other than a index page?
You ask for evidences, I gave you the evidences of complete corruption inside WMF, and I have not any intention to start a discussion with someone who has no idea of legal matters, doesn't know the Dutch wikipedia, doesn't understand the Dutch legal system, and doesn't understand Dutch. You can find what you need, and that's it. Best, Graaf Statler.
Actually, you gave me a link to an index page for several threads on another website. Most people would not describe such a page the way you did.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 9:13 pm

JCM wrote:
Graaf Statler wrote:
JCM wrote: Maybe a link to something other than a index page?
You ask for evidences, I gave you the evidences of complete corruption inside WMF, and I have not any intention to start a discussion with someone who has no idea of legal matters, doesn't know the Dutch wikipedia, doesn't understand the Dutch legal system, and doesn't understand Dutch. You can find what you need, and that's it. Best, Graaf Statler.
Actually, you gave me a link to an index page for several threads on another website. Most people would not describe such a page the way you did.
There are many links, up to you to find out what happend.It is a complicate matter on WP-NL, under the Dutch legal system, and WMF and Meta stewards are involved. What do you want form me? To explane you the complete Dutch legal system? Simple, What WMF is doing in Europe is in many ways forbidden. You can't steal protected material and put a CC license on it. The copyright law here is extremely strict, without any warning you can get a huge bill. Fair use doesn't exist. A removal does not help, you have to pay, even if something was 1 minute on the internet! It can even be a crime! Everything someone is publishing is protected, the use of a simple IPhone photo can cost you a fortune! And law causes are for almost free, and you get everything back. Sometimes even the state pays your bill partly, if you don't have the money. You can better steal a car!
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Re: Richard Arthur Norton copyright cleanup

Unread post by JCM » Sat Feb 10, 2018 9:34 pm

Graaf Statler wrote:
JCM wrote:
Graaf Statler wrote:
JCM wrote: Maybe a link to something other than a index page?
You ask for evidences, I gave you the evidences of complete corruption inside WMF, and I have not any intention to start a discussion with someone who has no idea of legal matters, doesn't know the Dutch wikipedia, doesn't understand the Dutch legal system, and doesn't understand Dutch. You can find what you need, and that's it. Best, Graaf Statler.
Actually, you gave me a link to an index page for several threads on another website. Most people would not describe such a page the way you did.
There are many links, up to you to find out what happend.It is a complicate matter on WP-NL, under the Dutch legal system, and WMF and Meta stewards are involved. What do you want form me? To explane you the complete Dutch legal system? Simple, What WMF is doing in Europe is in many ways forbidden. You can't steal protected material and put a CC license on it. The copyright law here is extremely strict, without any warning you can get a huge bill. Fair use doesn't exist. A removal does not help, you have to pay, even if something was 1 minute on the internet! It can even be a crime! Everything someone is publishing is protected, the use of a simple IPhone photo can cost you a fortune! And law causes are for almost free, and you get everything back. Sometimes even the state pays your bill partly, if you don't have the money. You can better steal a car!
Well, if you are asking what I want, an explanation of what the website you linked to actually is might help a lot. And, just for information, much as people in other countries might object, I seem to remember that having incorporated in the US, and I think maybe having all it's servers in the US, the WMF is only legally subject to US law only. Sealand (T-H-L) hosted porn on the same basis, although I think legally their claim as an independent state was duvious. The information may well be factually accessible in other countries, but the only place it really "exists" under the foundation is on it's US based servers. I think anyway.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sat Feb 10, 2018 9:53 pm

JCM wrote:
Graaf Statler wrote:
JCM wrote:
Graaf Statler wrote:
JCM wrote: Maybe a link to something other than a index page?
You ask for evidences, I gave you the evidences of complete corruption inside WMF, and I have not any intention to start a discussion with someone who has no idea of legal matters, doesn't know the Dutch wikipedia, doesn't understand the Dutch legal system, and doesn't understand Dutch. You can find what you need, and that's it. Best, Graaf Statler.
Actually, you gave me a link to an index page for several threads on another website. Most people would not describe such a page the way you did.
There are many links, up to you to find out what happend.It is a complicate matter on WP-NL, under the Dutch legal system, and WMF and Meta stewards are involved. What do you want form me? To explane you the complete Dutch legal system? Simple, What WMF is doing in Europe is in many ways forbidden. You can't steal protected material and put a CC license on it. The copyright law here is extremely strict, without any warning you can get a huge bill. Fair use doesn't exist. A removal does not help, you have to pay, even if something was 1 minute on the internet! It can even be a crime! Everything someone is publishing is protected, the use of a simple IPhone photo can cost you a fortune! And law causes are for almost free, and you get everything back. Sometimes even the state pays your bill partly, if you don't have the money. You can better steal a car!
Well, if you are asking what I want, an explanation of what the website you linked to actually is might help a lot. And, just for information, much as people in other countries might object, I seem to remember that having incorporated in the US, and I think maybe having all it's servers in the US, the WMF is only legally subject to US law only. Sealand (T-H-L) hosted porn on the same basis, although I think legally their claim as an independent state was duvious. The information may well be factually accessible in other countries, but the only place it really "exists" under the foundation is on it's US based servers. I think anyway.
That would be fine, if Wikipedia was a pure American site. But if you are paying chapters in other country's, have Wikipedia's in not the English languages, you present yourself as multilingual and a international organisation, and have servers in the Netherlands and the rest of the world, you are absolute also under the Dutch law, and the legal system of other country's.
Whaledad and I have informed by experts, sorry, that is a fackt. WMF has to respect both the American and the Dutch copyright law, and a copyvio case can end up in a Dutch court! Whaledad informed himself in in his function as a Arb by Dutch legal experts, so WMF must know this. And for the rest, follow the links. That is all I can say to you.
And maybe because of this strange legal construction is the English Wikipedia also under all kinds of other legal systems. Whaledad was claiming that. That means WP-EN has to deal for instance for Dutch material with the Dutch copyright law. And that would be a immense legal problem, also for commons.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Randy from Boise » Sun Feb 11, 2018 4:17 am

CrowsNest wrote:
Randy from Boise wrote:
CrowsNest wrote:
Randy from Boise wrote:It's one of the most overblown non-issues in the Wikiworld.
You are aware that damages for copyright violations are calculated based on number of infringements, duration of infringement, and knowledge of the likelihood of infringement? Perhaps the people who take this issue more seriously than you, can foresee a time when the rest of the world finally realises that Wikipedia is most likely the largest single host of copyright violations in the world. Much like the manner in which they're the biggest single host of links to the Daily Mail, therefore according to the Wikipedians themselves, the biggest single source of fake news in the world. Whether these violations have subsequently been mushed up in the wiki soup is of course totally irrelevant from a legal or policy perspective, except of course to make subsequent re-users panic because all their licences are all invalid, and potentially infringing.

There is a reason why the mandated action on finding a copyright violation mixed in with original content is to wipe the revision from the database, and any subsequent revisions which included it, and do the tedious manual work to recover any useful content added that wasn't derived from the infringement. It's a pain in the ass, isn't it? Hence why taking a hard line against anyone who shows a flagrant disregard for copyright and a complete unwillingness to learn after being caught multiple times, is an absolutely necessary. It is the height of selfishness to pretend the guy is a net positive, when you admit your not the person whose time will be lost by mitigating the damage he has, and probably still is, causing.
Whose ox is being gored and how much financial damage is it causing?

That's the big question.

In Norton's case: nobody's and none.

RfB
Are you seriously trying to argue nobody has a valid legal claim to damages as a result of Richard's violations?
Show me an actionable tort. Just one. I dare you.
"....by allowing the likes of Richard to rip people off on a massive scale..."
You are so full of shit.

RfB

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Re: Richard Arthur Norton copyright cleanup

Unread post by Kingsindian » Sun Feb 11, 2018 4:25 am

Deleting any article in which RAN's edits are suspected copyvios, might be overkill. For instance, Jeb Bush (T-H-L) qualifies and I don't think deleting it would be wise. It depends on the proportion which are copyvios, both in article history and the current article. The number needs to be quantified, not just asserted. RfB's impression (after investigating a lot of it during the ArbCom case) is that the issue is blown out of proportion. Is it true?

It would be better to go through the list of edits on the cleanup page, sample a few (maybe 20 or 50) and see how many of them are

(a) copyvios and/or
(b) extant

Then one can have some sort of basis for proposing what should be done and criticize Wikipedia for not doing it. It could be a nice blog post also, if one puts in the work. I won't do it myself, because I am not sure if the answer would be significant, but I'll help if someone else does the majority of the work.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sun Feb 11, 2018 7:16 am

Kingsindian wrote:Then one can have some sort of basis for proposing what should be done and criticize Wikipedia for not doing it. It could be a nice blog post also, if one puts in the work. I won't do it myself, because I am not sure if the answer would be significant, but I'll help if someone else does the majority of the work.
If you trouble to read the link I gave when starting this thread, you will see that the list of 6539 questionable articles was created by Wikipedians wth the rubric concerns of multiple point infringement have been substantiated and further steps are necessary to address the serious risk of copyright violation from the listed contributor. So someone has already formulated the "basis for proposing what should be done", way back in 2011. I "criticize Wikipedia for not doing it" because they scoped out the task six years ago and are less than a third of the way through it.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Kingsindian » Sun Feb 11, 2018 8:17 am

Yes, but CCI always has a large backlog. RfB is saying that in the RAN case, most violations are (a) mostly minor (b) very old and superseded by new content.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 8:58 am

I think a much bigger problem is the copyvio what is not found. The Dutch Wikipedians are not interested in copyvio, and not motivated to look for it. Most of them have a mental defect, it's a huge taboo to talk about that, and they follow the mission of collecting gathering knowledge blindly. I have found out they are not able to see the difference between the law and the mission statement. You can't blame them therefore, for them it is the same.
Like I said before, most of them are not able to live a normal life, they need help from the state in there daily life, but many times they are intelligent, well educated. It is a sad story, filled up with good faith, but not able to life the live they want. But Wikipedia and the chapter gives them a life.
Again someone said to me, you don't like Natuur12. That is absolute not true. For instance De Wikischim, one of them is a very friendly, intelligent young man how I like very much. But he was the devil himself on Wikiquote, together with Romaine. Why? Because I was in there opinion a vandal who destroyed valuable knowledge. That is the reason they saw me as a madman, who had to be stopped. And that is the reason nobody is willing to clean copyright up. It's conflicting whit the mission statement, and that is for them the same as a law.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sun Feb 11, 2018 9:19 am

Kingsindian wrote:Yes, but CCI always has a large backlog. RfB is saying that in the RAN case, most violations are (a) mostly minor (b) very old and superseded by new content.
In other words, getting people to understand copyright and how not to infringe on it, and getting people to do the boring and tedious checking and cleaning up afterwards, is not only a an issue in this large-scale, long-standing and very slow-moving instance, but a systemic one that has been present in the Wikipedia setup from the beginning. Yes, we seem to be in agreement here. Now, is there any chance of anything being done about it, or of this sytemic failure being fixed in anything remotely like the current system? No, I think not. In particular, having somebody simply wave their hands and deny that it really matters and so no work is needed, is not fixing it.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 10:08 am

And again we are on the thema of the the choir of wiki angels descended from heaven. Someone who understand the copyright rules, is able to repair/ rewrite a article is not interested to overhaul the junk of a poor writer. There is not a single change these articles will be ever overhauled. But the problem is in the basis of the wiki mouvment philosophy They are convinced one day all these articles will be fixed. To be exact in 2030. But there is not any plan how they want to reach that goal, and that is the problem. There is not any vision in WMF. The new European privacy law? We ignore it. The tremendous (legall) problems on WP-NL and WM-NL? We troll Statler out, problem solved. Legal problems in the future? We hire expensive lawyers, who can't do anything. The whole problem of the Wiki mouvement is the complete leak of vision.
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Re: Richard Arthur Norton copyright cleanup

Unread post by CrowsNest » Sun Feb 11, 2018 10:10 am

Kingsindian wrote:Yes, but CCI always has a large backlog. RfB is saying that in the RAN case, most violations are (a) mostly minor (b) very old and superseded by new content.
That it is backlogged is the point of the thread. Carrite's descriptions of what is "minor' are not credible - in the CCI he dismissed the failure to attribute copying within Wikipedia as minor. There is no legal basis for that. Neither is there any basis for claiming violations stop being violations once they've been intermixed with other people's edits.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 10:17 am

CrowsNest wrote:Neither is there any basis for claiming violations stop being violations once they've been intermixed with other people's edits.
And for sure not under the very strict different European copyright laws, what doesn't know fair use!
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Re: Richard Arthur Norton copyright cleanup

Unread post by Poetlister » Sun Feb 11, 2018 2:49 pm

Randy from Boise wrote:Show me an actionable tort. Just one. I dare you.
That's begging the question. If there has been a copyvio significant enough to justify damages, that's a tort.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 3:13 pm

[diff][/diff]
Poetlister wrote: That's begging the question. If there has been a copyvio significant enough to justify damages, that's a tort.
Or a crime. (Richtlijn voor strafvordering intellectuele-eigendomsfraude (fraud)) You can end up in prison.
And my question still remains, what is Wikipedia's legal base to break the copyright laws of different country's, european regulations, and the general and accepted "laws" of general decency?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sun Feb 11, 2018 5:17 pm

Graaf Statler wrote:[diff][/diff]
Poetlister wrote: That's begging the question. If there has been a copyvio significant enough to justify damages, that's a tort.
Or a crime. (Richtlijn voor strafvordering intellectuele-eigendomsfraude (fraud)) You can end up in prison.
And my question still remains, what is Wikipedia's legal base to break the copyright laws of different country's, european regulations, and the general and accepted "laws" of general decency?
There are several parts to the answer to this.

One is that there is a faction or tendency within Wikimedia and the "knowledge wants to be free" culture that all forms of intellectual property are theft, and that stealing the work of other people and publishing it freely are laudable in themselves. This is the point of view of people who believe that they should have the benefit of the work of others, because that is "fair", and that someone else should pay for it somehow.

This shades into the point of view of those who believe that research is nothing other than going to a library and rearranging the words of various books: in other words, the point of view of those who have not the first idea what creation, whether it be artistic creation or knowledge, is. The key word here is "remixing": the implication is that all forms of knowledge and all creative activities are simply remixing pre-existing forms of knowledge or creation. Since they do not believe that creation is work, they do not see why those who can perform it should have any right to recompense.

Then we have the point of view of those who know perfectly well how much work goes into that creation, but are content to benefit from the proceeds of the appropriation of that work: in other words, people who are happy to steal because they know that they are in practice immune from the consequences of their thievery.

All of these points of view are well-represented in the Foundation and its volunteers, and no doubt will find their supporters on this forum.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 5:38 pm

I have two fundamental problems.

*Politically. This system of "borrowing" of free knowledge is supported by only 0,3% of the Dutch population. (Piratenpartij, it's the only political party what support this vision.)

*The dirty way to reach this goal by trolling, what is illegal.

And that is were it is all about. It's forbidden, and there is no democratic support for this system. And, by the way, the result is crap at the end, and it is spoiling of donor money.

So, again my question, where is the legal or any other basis for this strange system of "borrowing" and giving for free away?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 5:57 pm

And a personal question. I know WMF is reading here. Why is WMF refusing to get in in contact with my to discuss the problems, and to try to find a solution. Why don't they answer any email. Why are they stil using my articles and pictures. I have under my Dutch legal system every right to forbid them to do so, and I did, many times. Why do they think they are above any law and untouchable? Why do they force me in a direction I don't want?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Sun Feb 11, 2018 6:17 pm

Graaf, their projects bring in the money precisely because they behave this way. They have tens of millions of dollars, a staff of lawyers and retained legal consultants, and residence in a juridiction whose intellectual property laws are on their side: they assess that you have none of these things. In short, they do it because they can, and it pays them to do so.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Sun Feb 11, 2018 6:45 pm

Renée Bagslint wrote:Graaf, their projects bring in the money precisely because they behave this way. They have tens of millions of dollars, a staff of lawyers and retained legal consultants, and residence in a juridiction whose intellectual property laws are on their side: they assess that you have none of these things. In short, they do it because they can, and it pays them to do so.
The whole problem for them is, in Europe money doesn't save you! You can have as much money as you want, so much staff of lawyers and retained legal consultants as you want, if you are wrong, you are wrong! You can't start a trial without a change to win, because if a lawyer does, he lose his license! And a civilian is protected by the court. I have the idea all that fine lawyers and retained legal consultants have no idea about the European legal system! They simple don't have the intellectual property laws on there hand, that is the whole point! Whaledad and I have informed that by Dutch legal experts. And I have to say with our Code Napoleon legal system with redelijkheid en billijkheid I don't give them much of a change, but that is not up to me. For Gericht und auf hoher See ist man in Gottes Hand, On the open sea and before judges we are all in God's hands, all of us!
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Re: Richard Arthur Norton copyright cleanup

Unread post by Randy from Boise » Mon Feb 12, 2018 2:43 am

Poetlister wrote:
Randy from Boise wrote:Show me an actionable tort. Just one. I dare you.
That's begging the question. If there has been a copyvio significant enough to justify damages, that's a tort.
Exactly. Show me five cents of damages...

RfB

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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Mon Feb 12, 2018 7:20 am

Here in the UK the law is that the damages are assessed on the basis of what the infringer might have expected to pay for a licence to use the rights they have infringed on. Let's take the example of copying historical material from a church website marked with a copyright symbol. If the church had been approached for permission, they might very well have said yes in return for £5 donation to the church poorbox. A court would be unlikely to assume that they had asserted their copyright with the intention to give their material away for free, since otherwise they would and could have published under some form of free licence. It is also a crime to knowingly infringe on intellectual property rights, but that's another matter.

In the US, the law is different but as far as I can tell, under 17 U.S. Code § 504, the rights owner can opt for actual damages (ie demonstrable loss) or statutory damages, the latter being assessed by the court in the range of $750 to $30,000. In the case of the church website, presumably they would opt for the lower figure. But of course RFB knew all that, having been active in the cleanup process, albeit some years ago.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 8:35 am

It is clear Randy doesn't know the European legal system. A few years ago someone took two pictures of the internet for his private blog of a few football players from years ago. Without any warning,he had to pay 14.000 euro. For two pictures on his blog! And there are many, many more examples! Often in particular churches and associations make this expensieve mistake. And you have to pay the complete law cause if you don't pay the first bill. I am sorry, but in Europe the use of protected material is strictly prohibited, it can even be a crime! Compare it with drugs, in the Netherlands, some drugs are just for sale on every corner of the street, in others country's you end up for years in prison if you have one gram.. Randy, you are clever enough to understand Renée and I are right, you can't break the law in a other country with a "clever" legal construction. WMF has to respect international legal regulation, just like everybody has to do. There are no exceptions. Laws are democratically created, you can't say we have the suport of 0,3% of the population there, but we don't like the law of that other country's, so we reach our goals in a other way, because that is anarchism and illegal. And you put people in danger, if someone is using that material here in Holland because he think it is free, the bill ends up with him! He or she has to pay for the stupidity of the Wikipedians. If something is not free, the copyright remans, and the re-user is responsible. The Dutch judge has been very clear about this. And there is not any change this system change in the near future in a European copyright, and if it change it will be as strict as it is, because France and other European country's see there intellectual property as gold in their ground. There is no political support to change anything. You have seen it, 0,3% of the voters in Holland support free source, and in other European country's it's about the same!
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Re: Richard Arthur Norton copyright cleanup

Unread post by Randy from Boise » Mon Feb 12, 2018 1:56 pm

Graaf Statler wrote:It is clear Randy doesn't know the European legal system. A few years ago someone took two pictures of the internet for his private blog of a few football players from years ago. Without any warning,he had to pay 14.000 euro. For two pictures on his blog! And there are many, many more examples! Often in particular churches and associations make this expensieve mistake. And you have to pay the complete law cause if you don't pay the first bill. I am sorry, but in Europe the use of protected material is strictly prohibited, it can even be a crime! Compare it with drugs, in the Netherlands, some drugs are just for sale on every corner of the street, in others country's you end up for years in prison if you have one gram.. Randy, you are clever enough to understand Renée and I are right, you can't break the law in a other country with a "clever" legal construction. WMF has to respect international legal regulation, just like everybody has to do. There are no exceptions. Laws are democratically created, you can't say we have the suport of 0,3% of the population there, but we don't like the law of that other country's, so we reach our goals in a other way, because that is anarchism and illegal. And you put people in danger, if someone is using that material here in Holland because he think it is free, the bill ends up with him! He or she has to pay for the stupidity of the Wikipedians. If something is not free, the copyright remans, and the re-user is responsible. The Dutch judge has been very clear about this. And there is not any change this system change in the near future in a European copyright, and if it change it will be as strict as it is, because France and other European country's see there intellectual property as gold in their ground. There is no political support to change anything. You have seen it, 0,3% of the voters in Holland support free source, and in other European country's it's about the same!
Norton is American and Wikipedia operates under American law, so the European system is wholly irrelevant.

Still waiting for Crow's Nest or someone else to show me some of these thousands and thousands of dollars of damages that Norton has allegedly caused. I'd also ask for retraction of the bullshit claim about him, but I know that request would be even more fruitless.

RfB

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 2:42 pm

Randy from Boise wrote: Norton is American and Wikipedia operates under American law, so the European system is wholly irrelevant.
RfB
Can you give me any link, evidence so I can ask the Dutch media lawyers Whaledad and have consulted why they are such a bunch of incompetent idiots to give us the wrong information? I mean, the one I have consulted was working on a huge international law firm on what we name de Zuidas in Amsterdam. I asked it informal, because Whaledad claimed this. And who have you consulted about the European legal systems in combination with American legal system? What were his or here qualification? So, a Dutch Arb, who was informing in his function as a Arb about this relation to a specialist is a complet idiot, the lawyer too, and you are a expert? Is that what you want to say? Whaledad told this in some discussion about copyright on Wikiquote-NL. And we Dutch are a bunch of fools, because we even don't understand our one legal system, because it is in American hands? Is that what you want to say too? So, where did you finish your law school, if I may ask?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Poetlister » Mon Feb 12, 2018 3:09 pm

There is plenty of precedent for WMF sites violating European copyright law. Wikisource is full of stuff that was published before 1923, or due to some loophole is out of copyright in the USA, but is still copytight in Europe because the author died less than 70 years ago. If it were possible to bring claims of copyright violation, don't you think that the estates of all those British and European authors would have done so by now?

Nor is WMF the only guilty party here. What about archive.org?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Dennis Brown » Mon Feb 12, 2018 3:17 pm

Renée Bagslint wrote:I think this discussion has proved most illuminating. It seems pretty clear that Wikpedians regard their so-called encyclopaedia project as being run for the benefit of the writers, not the readers. What is important to them is whether a contributor has been treated well, not whether there are thousands of articles lying around waiting for cleanup. They want the kudos of having written an encyclopaedia without doing the actual hard work of learning stuff and writing it properly.
I get what you are saying, but from the reader's perspective, a copyvio doesn't diminish the quality of the article, and may actually improve it since that means it was likely originally written by a real writer. [duck] So the reader's experience is the same or better, assuming the copyvios came from quality sources. The real issue is one of legal liability. We fight copyright violations because if you don't, the project is looking at take down notices, threats of litigation, expenses and loss of credibility. Copyright violations likely do not have a net negative effect on the readability of the articles.

And I would argue that you need a system that is fair to all editors, or you lose editors. The best thing we can do for the reader is have a quality pool of editors to provide the content they want to read. So yes, treating a contributor in a fair way does benefit the reader, else you begin to lose contributors, and the content goes down in both quality and quantity.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 3:22 pm

Poetlister wrote:There is plenty of precedent for WMF sites violating European copyright law. Wikisource is full of stuff that was published before 1923, or due to some loophole is out of copyright in the USA, but is still copytight in Europe because the author died less than 70 years ago. If it were possible to bring claims of copyright violation, don't you think that the estates of all those British and European authors would have done so by now?

Nor is WMF the only guilty party here. What about archive.org?
It is to me complete unclear what the legal base for this behaviour is. I asked this also on WP-NL and WQ-NL, the only answer till now I got is a SanFanBan, and statements. But never a answer. Because in my opinion we are the boss in Holland, and not silicon Valley!
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Re: Richard Arthur Norton copyright cleanup

Unread post by lonza leggiera » Mon Feb 12, 2018 4:12 pm

Graaf Statler wrote:
Poetlister wrote:There is plenty of precedent for WMF sites violating European copyright law. Wikisource is full of stuff that was published before 1923, or due to some loophole is out of copyright in the USA, but is still copytight in Europe because the author died less than 70 years ago. If it were possible to bring claims of copyright violation, don't you think that the estates of all those British and European authors would have done so by now?

Nor is WMF the only guilty party here. What about archive.org?
It is to me complete unclear what the legal base for this behaviour is. …
The legal basis is the Berne Convention (T-H-L), an international agreement to which the US and all members of the European Union—including the Netherlands—are signatories, together with US copyright law which is presumably—as it should be—consistent with the terms of that agreement.

As I understand it, the terms of this agreement only require its signatories to deal with copyright in foreign works at least as favourably as it does with that of its own nationals. They do not require the signatories to recognise copyright in foreign works which is longer than the length of the copyright it grants to works published locally. Thus, in Australia, where I live, any work whose authors all died before January 1st, 1955, is now out of copyright, regardless of whether it's still subject to copyright in its country of origin.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 4:41 pm

What I have understand it is much, much more complicated, because the servers are in different country's, there are Chapters what are paid by WMF, WMF present as a itself as a multilingual organization, there are wiki's in many languages, there are different legal systems, user from all over the world, etc. Do you really think you can answer all these problems by refer to the Berne Convention and you one, personal interpretation? Why do you think the big law firms are forming teams to invest Blockchain compering to the Dutch law at the moment, with it's unpredictable Code Napoleon in it? Because it is so simple? If a Dutch judge says, I see it in this way, it's finished. You have to accept that, Berne Convention or not. It is about his interpretation, not yours. And therefore you need Dutch legal experts, and not American.
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Re: Richard Arthur Norton copyright cleanup

Unread post by CrowsNest » Mon Feb 12, 2018 4:56 pm

Dennis Brown wrote:
Renée Bagslint wrote:I think this discussion has proved most illuminating. It seems pretty clear that Wikpedians regard their so-called encyclopaedia project as being run for the benefit of the writers, not the readers. What is important to them is whether a contributor has been treated well, not whether there are thousands of articles lying around waiting for cleanup. They want the kudos of having written an encyclopaedia without doing the actual hard work of learning stuff and writing it properly.
I get what you are saying, but from the reader's perspective, a copyvio doesn't diminish the quality of the article, and may actually improve it since that means it was likely originally written by a real writer. [duck] So the reader's experience is the same or better, assuming the copyvios came from quality sources.
I guess it's not surprising, but there seems no appreciation in this comment that the primary task of a Wikipedia editor is not copying other people's work, it is to summarise it.

You're not, in theory at least, building a knowledge database, but a reference work. So for virtually every case of editors simply copying sources, even if assuming decent sources, the reader coming to Wikipedia looking for an "encylopedia" will obviously be worse off, since what ends up in Wikipedia through that process will most likely not be comprehensive or unbiased.

Best that can be said about such material, is that it would be accurate. It would also be choppy in narrative, tone, style and grammar, arguably to the point of being unreadable for any sane person brought up on quality sources. Even then, the basic expectation of accuracy, all other issue notwithstanding, is not a given - one of the purposes of consulting multiple secondary sources to create a tertiary one, is to root out errors. Granted, there are some topics where there is only one authorative source, but even in that case, by definition, straight copying would not be serving the reader of an encyclopedia, only summarization would.

The only sense that editors straight up copying stuff would be good for a reader, is in the case where what they're copying, is content from other encyclopedias. That still wouldn't serve the reader, since by definition the content would be unverifiable, as well as being unlikely to meet Wikipedia's other myriad content and style standards, which exist, nominally, for the benefit of the reader.

And there it is. That's now easy it is to debunk the assumptions of Wikipedians. Given their lack of training or expertise, it is almost certain that whenever they're talking about what's best for the reader, it will inevitably be wrong.

It's no surprise that lots of Richards edits, even when using out of copyright material, consist merely of dumping a massive body of text on the page, and calling it a quote. Why does he do that? Because he has literally not one clue how to write an encyclopedia. It's the same reason he seems obsessed with lists.

The only people who benefit from straight up copying to Wikipedia, in an environment of lax concern for copyright, are those desperate for it to be seen as a useful resource. It's just one more example of the real truth - the entire enterprise is one big con-trick. The WMF want your eyeballs and your money, and the mechanism to achieve it is amassing a pool of cult followers who buy into the idea that amassing any old crap, even illegal crap, is better than nothing. All other concerns are secondary. They'll get round to clearing out the illegal crap eventually, once more important goals have been addressed.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 5:16 pm

Dennis Brown wrote:I get what you are saying, but from the reader's perspective, a copyvio doesn't diminish the quality of the article, and may actually improve it since that means it was likely originally written by a real writer. [duck] So the reader's experience is the same or better, assuming the copyvios came from quality sources. The real issue is one of legal liability. We fight copyright violations because if you don't, the project is looking at take down notices, threats of litigation, expenses and loss of credibility. Copyright violations likely do not have a net negative effect on the readability of the articles.
I wish I could help you, because maybe that is true, and I am also convinced I am absolute a better driver if I drink first half a bottle of whiskey before I start my engine. Don't you really not understand yourself what a incredible nonsense you are write down?
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Re: Richard Arthur Norton copyright cleanup

Unread post by Renée Bagslint » Mon Feb 12, 2018 6:06 pm

Randy from Boise wrote: Norton is American and Wikipedia operates under American law, so the European system is wholly irrelevant.

Still waiting for Crow's Nest or someone else to show me some of these thousands and thousands of dollars of damages that Norton has allegedly caused.
Er, did you not read the pointer to the statutory damages under 17 U.S. Code § 504? At the minimum of $750 per violation, and estimating a 25% rate from the results of the cleanup so far, that's about $1M. Perhaps you have better legal qualifications or advice on these matters and if so, please do share your professional opinion with us.

As far as the legal systems of other countries are concerned, I think I also mentioned that some aspects of copyright violation constitute a crime under UK law (Copyright Designs and Patents Act s.107(1)), and so a member of the Board of Trustees who is resident in, or a habitual visitor, to the UK would be well advised to understand the admittedly complex ramifications of making infringing material available in the UK.

However, the point I want to make is not to try to resolve the legal liability question with its complex issues of cross-border liability and so forth. It is that the WMF is clearly seriously limited in its view of the matter (possibly because of its ideological predisposition against the principle of intellectual property), and is failing to support the volunteers who do the work and who are proably most at legal risk. Unless RFB can tell us, as a volunteer who was at one stage helping to clear up the RAN mess, that he either is himself fully legally qualified to assess that risk himself, or was given a briefing he could rely on by a qualified legal professional, then the WMF is in dereliction of its duty of care to him as a member of the volunteer community. To try and crowd-source legal matters in this way is completely and utterly misguided, and an instance of the failure of the system to deliver effective processes for dealing with the inevitable problems affecting any attempt to build an encyclopaedia.

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 6:47 pm

Renée Bagslint wrote:
However, the point I want to make is not to try to resolve the legal liability question with its complex issues of cross-border liability and so forth.
It's the same with me, I have not any intention to resolve the legal liability problems about this complex issue, and in my opinion it is not possible. And copyright violation can be in Holland a crime too. (Intellectueel eigendomsfraude, intellectual property fraud.) I gave the example before, hashish you can buy in Holland even in every small town in a shop, in Saudi Arabia and Malaysia you get the death rod for the possession of it.
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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Mon Feb 12, 2018 7:18 pm

Renée Bagslint wrote: As far as the legal systems of other countries are concerned, I think I also mentioned that some aspects of copyright violation constitute a crime under UK law (Copyright Designs and Patents Act s.107(1)), and so a member of the Board of Trustees who is resident in, or a habitual visitor, to the UK would be well advised to understand the admittedly complex ramifications of making infringing material available in the UK.
A very important point what Renée mentions here. At the moment you enter the EU, you are not protected by the American law and te American legal system anymore. So, if you have done something what is not forbidden in America, but in Europe is, slander and defamation for instance, or copyright violating, it is a very poor idea to travel for instance to Sweden. Because you don't know what authority is reading on Wikipedia and for instance here, and what charges there are against you! So, be careful.
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Re: Richard Arthur Norton copyright cleanup

Unread post by CrowsNest » Thu Feb 22, 2018 9:47 am

Check out Drmies' unblock of Martinevans123 for an example of how a strong collective stance against copyright can be completely undermined by one rogue admin driven by the social bonds between editors. Drmies claims Martin has promised "not to repeat these mistakes again". A read of his talk page makes it pretty clear he has no clue about copyright, indeed he has some pretty fucked up ideas about it, and therefore another "mistake" is inevitable.

https://en.wikipedia.org/w/index.php?ti ... 929#footer

(footer link made necessary by their crap use of talk page protocols - it's almost as if they don't want people to know this stuff!)

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Re: Richard Arthur Norton copyright cleanup

Unread post by Graaf Statler » Thu Feb 22, 2018 10:55 am

On WP-NL you get the authority to "write" copy-past articles if you are high enough in the hierarchy. You are promoted to a top writer, and you get even a Featured article.
Ymnes is a example, when his star was rising he got decorations and honor, wrote day and night new articles, was invited in the wikimedia headquarters in Utrecht (see his talk page), but after the what you could name the Statler drama, they don't love him anymore.
He is no longer allowed to "write" articles, and he is often humiliated, they have blocked him, what is a stigma, they bully him. And he doesn't understand why, and keeps loyal to the system, begging for a friendly word. What he doesn't get of course.
It's a license, a honor. You get a license to be a respected "top writer", and he is not the only one. It's a part of the wiki-system, who do you think they get so many articles?
Written by that bunch of wiki idiots? Who hates real writers, and make them to a Pariah? If they find out someone is a real writer they do everything to troll him out, everything.

But don't even mention the word copyright infringement, because a fine team of trolls is standing by, supported by uncle James Alexander. And you get global llocked because your own work is not copyvio. Again I handed the smoking gun over, wondering how many times I have to do that.

He James,by the way, I have a great idea. You are coming over to Europe for Wikimania this year, isn't it? Lets talk the whole affaire over when you are here, isn't that a good idea? Lets make a appointment! So I can welcome you and your friends in the EU!
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Re: Richard Arthur Norton copyright cleanup

Unread post by Randy from Boise » Thu Feb 22, 2018 1:17 pm

Renée Bagslint wrote:
Randy from Boise wrote: Norton is American and Wikipedia operates under American law, so the European system is wholly irrelevant.

Still waiting for Crow's Nest or someone else to show me some of these thousands and thousands of dollars of damages that Norton has allegedly caused.
Er, did you not read the pointer to the statutory damages under 17 U.S. Code § 504? At the minimum of $750 per violation, and estimating a 25% rate from the results of the cleanup so far, that's about $1M. Perhaps you have better legal qualifications or advice on these matters and if so, please do share your professional opinion with us.
What the fuck are you blathering about?

YouTube is thattaway---->

Go get 'em, Tiger. A lucrative career awaits you.

Again, big man: show me five cents of actual damage that Norton has caused to somebody's valuable copyright property...

tim

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