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Subject:

Re: NPG / Wikimedia

From:

Mike Ellis <[log in to unmask]>

Reply-To:

Museums Computer Group <[log in to unmask]>

Date:

Wed, 15 Jul 2009 11:41:26 +0100

Content-Type:

text/plain

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Nick, I personally think the answer *isn't* to look too hard at the detail (That Way Be Dragons! And Treacle! And at least another Ten Years of Debate!), but try to continue asking the big questions about value, access, openness - in which case I think we're not only *entitled* to comment, blog (I did), read and endlessly opine - but should actively do so. I'm not sure about the whole "ammunition" thing - personally, I'd rather see the debate going on out in the open with a whole variety of views (however naive) being canvassed. But that could just be me :-)

cheers

Mike


Mike Ellis
Professional Services Group

Eduserv 
[log in to unmask]
tel:   01225 470522
mob: 07017 031522
fax:   01225 474301
www.eduserv.org.uk


-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of Nick Poole
Sent: 15 July 2009 11:17
To: [log in to unmask]
Subject: Re: NPG / Wikimedia

Mike, 

Many thanks for this. It is difficult to comment because this is an ongoing legal dispute and we don't yet know how it will be resolved. 

They say 'when you have the facts, argue the facts, but when you have the law argue the law', and I think the law in this instance will prove to be pretty unequivocal. The difficulty, it seems, will be in establishing jurisdiction and in keeping the situation within the scope of this particular action. 

There is considerable potential here for this case to become a hostage to the theoretical jihad about the nature and ethics of Copyright - and you can easily see how prone it is to polemic and spin on both sides of the debate (and the Atlantic) - and there are already notes of this in the Wikimedia Commons discussion page (http://commons.wikimedia.org/wiki/User_talk:Dcoetzee/NPG_legal_threat).

It is also very hard to have any kind of reasoned view on the situation unless you are directly involved in it. We don't know the nature of the previous communication between the NPG and the user, nor the position of the Wikimedia Foundation in all this. I would suggest that pretty much any position any of us could take on it at this stage would be based more on supposition than fact (unless anyone from the NPG involved in the case wants to chip in!) and we need to be extremely careful as a community not to lend any ammunition to what could conceivably become a conflict in the press.

I think we might be best to leave the analysis until we have the facts and a resolution - although obviously the implications of either decision would impact on all of us. 

All best, 

Nick 





-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of Mike Ellis
Sent: 15 July 2009 10:43
To: [log in to unmask]
Subject: NPG / Wikimedia

Wow, the MCG list is frighteningly quiet about the NPG thing...

http://www.google.com/search?q=npg+legal+action

What's occurring? :-)



Mike Ellis
Professional Services Group

Eduserv 
[log in to unmask]
tel:   01225 470522
mob: 07017 031522
fax:   01225 474301
www.eduserv.org.uk

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