Can you guys please take this discussion off-list? Thanks. Ryan Kaldari
On 8/17/11 9:55 AM, Wjhonson wrote: > Robin there are no laws (in the US) about plagiarism, that's what I'm saying. > None. Zero. They don't exist. > Why? Because plagiarism does not de facto create any injury. > Wikipedia and the foundation operate under U.S. law so that's what is germane > to this list, not what some other country including other Berne signatories > do or don't do. > > The U.S. does not recognize moral rights in the way that Germany or France > do, but rather claims under this umbrella are tried under defamation or > unfair competition laws. > > However some editors throw "plagiarism" around and shout "illegal illegal", > because they are trying to make some sheded point more concrete. > It's not concrete in the U.S., you have to show what specific sort of actual > injury occurred. > > > > > > -----Original Message----- > From: Robin McCain<ro...@slmr.com> > To: Wjhonson<wjhon...@aol.com> > Cc: foundation-l<foundation-l@lists.wikimedia.org> > Sent: Wed, Aug 17, 2011 9:44 am > Subject: Re: [Foundation-l] copyright issues > > > On 8/17/2011 9:20 AM, Wjhonson wrote: > For plagiarism to "cause injury" you have to specify the type of injury in > your suit. > And then the case is not about laws about plagiarism per se, of which there > are none, but laws about the type of injury you are claiming. > > For example unfair trade as in "I made all these designs and posted them to > my website, company X stole my work by creating the actual products without > the need to do any design work". That sort of thing. But that's not a law > about plagiarism. > > > Wow! you opened a can of worms... I'm sure at least one of my lawyer friends > who specialize in intellectual property could respond in great detail about > this. > > According to the Berne Convention authors have moral rights as well as legal > rights. > > We aren't talking about student work here, but the real world where a lot of > money at stake. It doesn't even matter if the issue is laughed out of court - > you have still spent many thousands of dollars just getting to that day. > (this is why companies often settle rather than go to court) > > I can assure you that no reputable publisher or distributor would knowingly > accept work that has been extensively plagiarized on the basis that there is > potential for a lawsuit of some sort unless they had deep pockets and were > knowingly doing this as a marketing strategy. > > All I'm trying to say here is that plagiarism often accompanies copyright > infringement, and that there can be a very fine line between the two. In real > world terms - you don't want to go there. > > > > _______________________________________________ > foundation-l mailing list > foundation-l@lists.wikimedia.org > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
