QUOTE(Supine @ Sun 12th July 2009, 8:23pm)
The demand in the letter to "c) permanently delete from the hard drive of your computer (or any computer upon which you or anyone from the Wikiemedia Foundation have stored them) all images that you have derived from our client’s website;" is ... lets say...impractical. Even assuming the Wikiemedia Foundation (sic) refers to salaried employees, it would require the letter recipient to exercise access over their computer hard drives.
Dcoetzee would login to the Commons, and using the power of his secret decoder ring, remove the file(s). He would then return to NPG and say "I did my best; talk to the WMF people for final resolution on this". Terms like "good faith" actually have a specific -- and entirely different -- meaning outside of the WikiWonderLand.
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The last requirement is perhaps the most bizarre "(g) refrain in the future from breaching any of the terms of use on our client’s website." Unenforceable. No organization can enforce terms they make up and publish on their website in law. The website creator is not a law-making body.
I can say to you, supine, not to trespass on my property. True, this is completely unenforceable. However, a good lad you are, you agree anyways. Like, why not? But should I find you on my land some day, well, that's when the legal thumb screws can be deployed.
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As well as saying the Wikimedia Foundation (which they managed to spell correctly after a few tries!) has not caved in to the demand to do what the demander wants, they go on to make a specific accusation of obstructiveness beyond what one would expect of <quote>"a corporate entity"</quote>. Wikimedia Foundation Inc., under the laws of Florida, USA, is a tax exempt "non-profit charitable" organization.
I think even the WMF agrees they are being an obstruction. Aren't they even delighting in it?
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The slightly sinister "request [to] respond to this request by email ...provid[ing your] valid email and postal addresses" is supplied with the statement that they are able to "communicat[e] with you [using] the Wikipedia mail service", but, for some unknown reason, somehow "[i]t would be far more efficient" by "email".
Legal service demands things like names and addresses. WikiAddresses just don't cut it in the real world. Yes, the Real World, where this letter came from and where this issue ultimately will be decided.