Wow. I have to admit that I'm of two minds about this. On the one hand,
I'm utterly appalled that someone would circumvent NPG's security
measures, when they were clearly in place to protect their assets while
providing access. That, to me, should be actionable.

On the other, I rather wish that NPG would have provided the world with
decent-quality (if not necessarily reproduction-quality) images of those
works. Zoomify is great, but the quality provided by those thumbnails
isn't helpful for a number of purposes. I really like the V&A's approach
and have tried to apply that philosophy here at the Magnes, to a degree.

Really curious about the opinions of your experts out there.

Perian Sully
Collections Information Manager
Web Programs Strategist
The Magnes
Berkeley, CA


-----Original Message-----
From: mcn-l-bounces at mcn.edu [mailto:[email protected]] On Behalf Of
Kenneth Hamma
Sent: Monday, July 13, 2009 9:58 AM
To: Museum Computer Network Listserv
Subject: Re: [MCN-L] NPG and Wikipedia (IP, website security)

Excellent sleuthing!  You're right.  The Bridgeman-Corel decision that  
went against Bridgeman was never appealed for fear that the appeal  
would also go against Bridgeman and result in a much wider application  
of the case law even in the US beyond the district in which the case  
was brought.

Leaving the DMCA's prohibition on circumventing digital protections  
aside for the moment, might this be the sound of the other shoe  
dropping?  The NPG have certainly teed this up in a way that will be  
difficult to ignore - in law or public policy.

ken

Kenneth Hamma

+1 310 270 8008
khamma at me.com

368 Patel Place
Palm Springs CA 92264

On Jul 13, 2009, at 9:36 AM, Deborah Wythe wrote:

>
> Interesting dustup. A Wikipedia person went in a backdoor on the NPG  
> site and "scraped" fullsize images and posted them on Wikipedia as  
> public domain. NPG brought
> in the lawyers to argue that in Britain the 2-D non-copyrightable  
> precedent
> hasn't been argued.
>
>
>
>
>
>
http://www.peoplepoints.co.nz/2009/07/wikimedia-commons-national-portrai
t.html
>
> http://londonist.com/2009/07/national_portrait_gallery_to_sue_wi.php
>
> http://commons.wikimedia.org/wiki/User:Dcoetzee/NPG_legal_threat
>
> Website security:
>> From the NPG cease & desist letter:
> As you know, the images from our client's website that you have  
> copied were
> made available from our client's website using "Zoomify" software.  
> As you know,
> Zoomify is an application that is used to publish photographic  
> images in such a
> way that an entire high resolution image is never made available to  
> a user
> although high-resolution extracts or "tiles" are made available one- 
> at-a-time.
> Our client used the Zoomify technology to protect our client's  
> copyright in the
> high resolution images.
>
>
>
> NPG's policy/price sheet for web use:
> http://www.npg.org.uk/business/images/use-on-web.php
>
> Deborah Wythe
> Brooklyn Museum
> deborahwythe at hotmail.com
>
> Insert movie times and more without leaving Hotmail(r).  See how.
> _________________________________________________________________
> Bing(tm) brings you health information from trusted sources. Try it
now.
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