[OSM-talk] Takedown notices

[Lester Caine]

Simon Poole wrote:
>
> Am 04.02.2013 10:21, schrieb Lester Caine:
>> OK - there is an 'official procedure' for dealing with copyright
>> infringement documented on
>> http://www.osmfoundation.org/wiki/License/Takedown_procedure through
>> which even 'Cease and Desist' should be handled? It is normal practice
>> nowadays to follow the 'Digital Millennium Copyright Act' rules for
>> all copyright and trademark disputes relating to the internet.
>
> The DCMA takedown process has nothing to do with trademark, or patent
> disputes. It concerns itself solely with copyright issues (and that in
> the US of A). Following the procedure provides us a safe harbour against
> being sued in the US (for contributory infringement and damages). This
> protection comes with the price of us simply complying with valid (in
> formal terms) requests without making a determination if the material in
> question is actually infringing the rights of whoever made the takedown
> request. The basic procedure is given by the law and for example is
> documented on the http://www.chillingeffects.org/ site (which unluckily
> seems to be experiencing a lot problems recently).
>
> I doubt that it would be wise or legally possible to publish the full
> text of any takedown requests we have received, and if it is just for UK
> data protection regulations. I do think it would be a good idea to
> publish something along the lines of a "transparency" report on a
> quarterly or similar base, however (DWG pls correct me) I don't believe
> that outside of internal disputes there have been any noticeable number
> of takedown or similar requests from third parties over the life of the
> project to date so it is not going to make very interesting reading
>
> My personal opinion only naturally.

Simon ... READ the Takedown procedure ... The reference to DMCA is taken 'In 
addition' to dealing with copyright infringements, and in the UK we treat 
trademark problems in the same way as copyright? What is actually wrong is that 
the on-line form is structured for the DMCA, but the procedure refers to all 
takedown requests? As it should ... The DMCA procedure does provide a consistent 
way of handling any request?

What is missing is a statement that the information WILL be published as part of 
the process of handling the complaint? But I think my main thought here is that 
WE need to know what we are and are not allowed to use, and only the original 
document would document that? Which saves someone having to 'rewrite' the 
information and possibly misinterpret it ;) In other words there is no logical 
reason for not publishing the information, and the sender should expect that to 
be the case in all C&D cases?

-- 
Lester Caine - G8HFL
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