[sumo] Mark Buckton is attacking Le Monde du Sumo !!!

[Joe Klemmer]

	This is my take and only my take.  I speak only from my experience as
an Internet Service Provider and not as a Sumo expert.  That being
said...

On Fri, 2006-11-03 at 15:06 +0100, Nicolas Schuler wrote:

> But now, Mr Buckton is trying to make us cease all activity,
> pretending that we are doing bad things for sumo's image, and for the
> press' image.
> 
> Do you all think the same ?
> PLEASE, let me know what you think, privately or on this list, even if
> you do think like him : if it were to be the case, we would stop 
> everything right now. 

	There are two points to this, it seems.  First is the legality of using
pictures w/o explicate permission.  The second is the "defamation" of
Sumo.  I honestly can't speak to the latter so I will only address the
former.

	The legalities of using images on the 'Net is complex at best.  Even
lawyers and governments haven't come up with a uniform standard.  The
laws in the US are being <your adjective here> such that it is illegal
to do what MDS is doing.  It's not solidified yet but each jurisdiction
is having it's own say.  With the precedent set by the Internet adult
law suites the legality stands with the viewer/user and not with the
server.  This means that a server in Europe can be held to the local
laws of someone in, say, Oklahoma.  International law is even more
fractured on this issue.  To extend the previous example, if the legal
system in the European country can choose to ignore the requests of the
legal system in Oklahoma.  But don't bet the farm on this.

	What all this means is that if you are using any images, whether they
are explicitly or implicitly copyrighted by someone or some
organization, you are treading on thin ice.  It doesn't matter whether
any money is involved at all.

	My advice is to consult a lawyer.  Preferably one who is physically in
the location of the server.  If the site is being hosted by a hosting
company (e.g. Rackspace) you should also consult them ASAP.  It will be
_MUCH_ better if you come to them before someone else does.  It wouldn't
hurt to get a legal take in the jurisdiction of the name or names listed
as "owners" of the site (anyone listed as an editor or publisher).

	Though it's been a while since I was an active participant in the whole
industry I still have some contacts.  If you wish I can try to get more
specific information or at least a pointer to it.

-- 
Boring Home Page - http://www.webtrek.com/joe
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