Bill HR 3261
Jimmy Wales <[email protected]>
| Newsgroups | gmane.org.wikimedia.legal |
|---|---|
| Message-ID | <[email protected]> |
It sounds pretty bad to me, on general principles, even though I don't think it actually affects us directly. There are two ways something like this might affect us -- first, if it inhibited our ability to gather information, and second, if it inhibited our ability to share information. On the first, there's a specific exception in 4(b) for a "NONPROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH INSTITUTIONS" -- that's us. On the second, people who reuse our information do so with our authorization, and even if they reuse a derivative, they are reusing with the authorization of our licensee acting under the scope of their license. But notice this -- there was a time, in the no so very distant past, when Wikipedia was *not* owned by a nonprofit, but was owned by a for-profit corporation, Bomis. Under this law, Bomis could have gotten in trouble for people getting mere facts from Britannica's online database of knowledge. One problem I have with this law is semi-philosophical. This law appears to be an effort to overturn past Supreme Court decisions relating to the copyright status of mere facts. So, rather than calling this a copyright law, the authors have expressly claimed that it doesn't affect copyright. But if it quacks like a duck, it's still unconstitutional (in my opinion). --Jimbo