| We take the view of Keith Braithwaite that copyright can't possibly be proved and enforced on Wiki. We're asking people their opinion about Why Clublet Initial Pages because of their key effort and thought on Wiki, not because we have to have permission to migrate any page.
If that is your hard-nosed opinion, I believe you will have to shut down the site. If you cannot prove that the material on this site was given with permission or it belongs to you, then the content is presumably all pirated (which much of it is by your own admission). Legally, you may not copy any material outside the scope of fair use.
We dispute that any of the material is pirated. It is totally false to say that we have admitted this.
I, Keith Braithwaite, am not a lawyer. However, I wish to expand and clarify on my opinion re copyright on wiki's above.
In the absence of any non-repudiation framework within Clublets, no-one can demonstrate that any text with their name appended to it is their work. So, I can't see how anyone could lay claim to any copyright that might subsist in that work. I believe, in any case, that UK copyright law currently has nothing to say about material presented on the web, but not password protected. Not requiring a password might constitute permission to copy, it might not, no-one knows.
But, looking into it a little deeper, I'm not convinced that there is any cioyright to be had here anyway. One might claim that you know what you wrote, so some ideal "Platonic" copyright exists, even if you can't exercise it. I don't believe this is so, since Clublet pages are open for anyone with a web browser to edit. This means, in my amature's view, that your writings are not a publication in a fixed form, like a book. They are more like part of an on-going performance, and there is (I believe) no copyright in a performance. --Keith Braithwaite
But, whatever. The law is the least interesting thing. Personally, I'm not too concerned with your legal footing. I just ask in good faith that you do not copy material that I have written. I'll be fair: I only ask that you delete any material that I have signed or that is clearly written by me. I just don't want my words floating around outside the scope that I expected they would. It's difficult with wikis as you need to maintain your contribution's integrity, veracity and respectability in the face of universal editing. For instance, say I stated a position on Wiki Wiki that was attacked vigorously here without argument as I never read this wiki; my reputation would be worsened.
Hopefully, you can respect my wishes. Please email me for further discussion: mailto:sunir@sunir.org. I will not read this wiki (much) in the future as I do not have time, nor desire (the topic isn't my cup of tea). -- Sunir Shah
On second thought, I can be even more fair. As long as it doesn't look like the text I have written is written by me, then it's probably ok. So, if you could just anonymize (bad) or refactor out the signatures from (better) what I said, that would be perfect. -- ss
I agree with Sunir that spreading my words to discussion sites against my wishes is bad form. I did a quick pass and removed Sunir Shah from wherever I found it (how about an anonimizer script that Richard/Keith could run on pages that are moved?). -- Tom Ayerst
Sunir was notified, with all the other major contributors to these pages for whom we had email, of Ward's request to me and of the pages we were considering moving, in an email on 13th November. Sunir didn't as far as I know let anyone know his views on the migration until after the initial effort was complete, when he chose to go as "public" as possible on Wiki and here (on 25-26th November I think, depending on the time zone).
Which does not mean that we do not appreciate your or anyone else's effort Tom in carrying out Sunir's wishes. -- Richard Drake
Tom, I don't think anything has been done against anyone's wishes. But then, since no wishes were stated (before the fact) how could we know? However, thanks for taking definite action. This looks like a closed issue to me. --Keith Braithwaite
No Worries - Tom
Notification by e-mail does not imply consent. There is no guarantee I will read the e-mail. I have to reply and acknowledge. Which is pretty much the case here; I don't read all my mail all the time, and certainly not the notification. I don't think that pushing the responsibility onto me is very fair either. I appreciate the efforts by Tom (and others) to remove my signature and iron out any glaringly obvious text that I have written. That would be the best way. -- Sunir Shah
Every one of us appreciates Tom in this situation. It's good to have something so positive to agree on. -- Richard Drake |