I didn't go into the Statewatch site in the way you suggested, as I am sure
you know.
I went straight to the link provided by Chris Brogan and realised that the
link provided was an EC document - Chris hadn't indicated that it was an EC
document - and my point is that it does look as though it is their own - it
is only because I know what EC documents look like that I realised that it
wasn't one of their own.
It is not much different in my view to someone sending out BBC content in a
newsletter without editing out or just giving a link. Everyone knows that it
is from the BBC but it is not supposed to be done.
Nick Landau
Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1
The Numbers Game
http://uk.geocities.com/nicklgreen/Nos_Game
----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, July 17, 2007 8:35 AM
Subject: Re: [data-protection] Def of Personal Data by the Article 29
Working Party
> In message <00a501c7c7f1$06fbcec0$22368d56@Nick>, at 22:34:01 on Mon, 16
> Jul 2007, Nick Landau <[log in to unmask]> writes
>>Chris's email said that:
>>
>>"I think you may find the following paper of interest.
>>http://www.statewatch.org/news/2007/jun/wp-136.pdf"
>>
>>When I looked directly at the pdf on the Statewatch site there is nothing
>>to indicate that they are a library and it is not a document that they
>>have published.
>
> "State watch - reporting on Civil Liberties in the EU"
>
> http://www.statewatch.org/news/
>
> ... then a list of news stories, with links to other people's documents.
>
> The one in question being:
>
> EU-DATA PROTECTION: Article 29 Working Party (national Data Protection
> Commissioners) Opinion: On the concept of personal data (pdf)
>
>>The format is exactly the same as on the EU website.
>
> It *is* the EU document!
>
>>In fact, Statewatch says that:
>>
>>"_All the material_, design etc. on this website is copyrighted by
>>Statewatch. Material may be used on the condition that the source is
>>acknowledged."
>
> Well, perhaps they need a subeditor to review that statement, but it's
> patently absurd that they could have written the hundreds of documents
> there, most of whose sources are clearly annotated.
>
>>Clearly as this document is an EU document it cannot be their copyright.
>>
>>They go on to say that "Statewatch Is not responsible for the content of
>>external websites and inclusion of a link does not constitute an
>>endorsement."
>>
>>They are clearly not responsible for this EU document - so I am not quite
>>sure why they have included this on their own website rather than given a
>>link to the EU document.
>
> They normally take a copy of the documents and put them on their own
> website, rather than linking to an external website. This may be because
> several of the documents they "discover" have a history of being
> un-published (and some are never formally published by their authors, and
> Statewatch puts up a leaked and unique copy).
>
>>Of course, they could privately archive it so that if the EU deleted it
>>from their website they still have a copy.
>>
>>My question still stands.
>
> They have not "published it as their own".
>
>>And, of course, if a website link is just given then the reasonable
>>assumption would be that Statewatch is the publisher.
>
> It would be a wrong assumption.
> --
> Roland Perry
>
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