Re: [Wikimedia-l] Apparently, Wikipedia is ugly

2012-07-27 Thread Erik Moeller
On Thu, Jul 26, 2012 at 4:41 AM,  birgitte...@yahoo.com wrote:

 You must live in a very simplistic world, but I am afraid it does resemble 
 reality very well. Here are how some various types of things and people are 
 funded. Tool server=chapter. Developers= Mostly WMF but some chapter. 
 Marketing professionals=WMF but no chapter I am aware of. Legal 
 professionals=WMF and chapter.  Administration of fundraising campaign=WMF 
 and chapters. You will not find any bright lines in reality.

Indeed. And given the magnitude and multitude of problems we are
trying to solve as a movement, I think it's absolutely appropriate and
desirable for chapters to undertake, for example, software engineering
projects (I have reservations about infrastructure-hosting projects).
One of the advantages of our open source model is that we already have
to operate under a standard assumption that others may want to make
significant contributions without centralized management thereof, so
we _should_ be able to accommodate chapter-driven software engineering
work.

The Wikidata project is an example of this. What's notable about
Wikidata is not just that it's a very significant scale project
($1.5M in funding), but also that the funding doesn't come from the
classic contribution streams (online donations) but from a network of
funders that Wikimedia Germany brought together. The project would not
have been started or funded without Wikimedia Germany, which really
validates the importance of chapters.

Chapters indeed have the potential to build out a significant presence
to advance engineering and product development, and I'd love to see
more of that in future with regard to underrepresented technical
priorities (e.g. geo-data related functionality, quality management
tools, ProofreadPage style functionality, etc.). In addition to adding
to our overall ability to fund and manage projects, they have the
ability to recruit and build offices in their geographies, potentially
at a much lower salary cost than we do in the SF Bay Area as our
primary HQ.

The one caveat I have is that, if chapters don't contribute, as part
of this process, fully by means of participating in code review and
general MediaWiki development, there's a risk that any such
chapter-driven engineering work contributes to the overall backlog,
and requires adding to a centralized pool of resources. Moreover, a
short term project with limited funding has the potential to also add
to the long term maintenance/improvement burden for WMF.  We're trying
to manage this balance very carefully with the Wikidata project, and
we'll draw a lot of lessons from the project as it continues.

All best,
Erik
-- 
Erik Möller
VP of Engineering and Product Development, Wikimedia Foundation

Support Free Knowledge: https://wikimediafoundation.org/wiki/Donate

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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Ray Saintonge

On 07/26/12 3:51 PM, Anthony wrote:

On Thu, Jul 26, 2012 at 6:23 PM, Ray Saintongesainto...@telus.net  wrote:

Copyrights wouldn't apply because you own the copyrights in the pictures you
take.

Maybe.  You own the copyright fully if you are the sole contributor of
the creative input which went into the picture.  If someone else also
contributed, then you might own the copyright in the picture as a
derivative work (extending only to your contributions), or as a work
of joint authorship.  And joint works in the UK are quite different
from joint works in the US.  To grant a license on a UK joint work,
you need the permission of all the joint owners.  (It's also possible
that you don't own the copyright at all in a picture you take, because
you didn't contribute anything copyrightable, but that's unlikely to
be the case in this sort of scenario.

I don't see that joint authorship enters into this at all. I think it's 
safe to assume that the one holding the camera is the one making the 
creative decisions about the photos. From the IOC's perspective the 
presence of a joint owner is marginal.


Ray

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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Nikola Smolenski

On 27/07/12 03:47, birgitte...@yahoo.com wrote:

On Jul 26, 2012, at 4:23 AM, wiki-l...@phizz.demon.co.uk wrote:

There is a contractual arrangement between the IOC and the photographer as 
specified in terms and conditions on the ticket. If some one makes photos 
available commercially then they may be sued by the IOC under the terms of that 
contract. The issue isn't about copyright but about the contractual agreement 
and personal liability between the photographer and the IOC.


This is a contract with the ticket fine print. But I don't see how that 
contract could actually bind the photographs. Certainly it prevents you, the 
contractually bound ticket holder, from using media you produced under this 
contract in a commercial manner.  However the IOC cannot possibly extend the 
contract beyond the ticket-holder. Nor force the ticket holder to police 
third-parties.  Let's run a few possibilities:

Ticket-holder (TH) places own-work photo on FaceBook.  It goes viral across the 
Internet and is eventually posters of the photo are found in the marketplace.  
IOC wishes to end poster sales.  Your position that this the contract must be 
effective against third parties would mean that if TH fails to hire a lawyer 
and vigorously enforce their copyrights; then they have broken the terms of the 
contract with IOC and are liable for damages. This is not how contracts work.  
If TH does not choose to enforce their copyrights then IOC can do nothing.

TH has a great photo, their sister owns a bookstore. TH informally licenses the 
photo to Sis to use in advertising.  The IOC does not even have the standing to 
discover if Sis has a license to use the photo or is instead infringing on the 
creator's copyright.  Only the copyright holder has standing contest the use of 
their work.  IOC can do nothing.

TH dies. Daughter inherits copyrights and sells photos taken at last month's 
Olympics. IOC can do nothing.

TH donates the full copyrights on all photos they created at the Games to a 
non-profit organization on the condition that their identity is not revealed. 
The non-profit, now copyright holder, licenses the entire collection CC-SA. IOC 
can do nothing.


An excellent list :) I'd like to add: you sneak in the stadium without 
paying the ticket. IOC can do nothing.


Seriously, if IOC decides to go after someone, don't they first have to 
prove that he bought the ticket? And how can they prove that?


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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Ray Saintonge

On 07/26/12 6:47 PM, birgitte...@yahoo.com wrote:




On Jul 26, 2012, at 4:23 AM, wiki-l...@phizz.demon.co.uk wrote:


kikkocrist...@gmail.com wrote:

Sources for the restrictions:
* http://www.tickets.london2012.com/purchaseterms.html
* PDF: http://j.mp/london2012prohibited

I really can't figure out the difference between your example about
personality rights  and my previous, so I don't see why you're saying
that the above approch could not work, but IANAL.

As I said above I think this restrinction on commercial use of the
images imposed by IOC is not about copyright but is on a different
level and AFAICT is very similar to the case of personality rights to
some extent. So may you clarify?


There is a contractual arrangement between the IOC and the photographer as 
specified in terms and conditions on the ticket. If some one makes photos 
available commercially then they may be sued by the IOC under the terms of that 
contract. The issue isn't about copyright but about the contractual agreement 
and personal liability between the photographer and the IOC.


This is a contract with the ticket fine print. But I don't see how that 
contract could actually bind the photographs. Certainly it prevents you, the 
contractually bound ticket holder, from using media you produced under this 
contract in a commercial manner.  However the IOC cannot possibly extend the 
contract beyond the ticket-holder. Nor force the ticket holder to police 
third-parties.  Let's run a few possibilities:

Ticket-holder (TH) places own-work photo on FaceBook.  It goes viral across the 
Internet and is eventually posters of the photo are found in the marketplace.  
IOC wishes to end poster sales.  Your position that this the contract must be 
effective against third parties would mean that if TH fails to hire a lawyer 
and vigorously enforce their copyrights; then they have broken the terms of the 
contract with IOC and are liable for damages. This is not how contracts work.  
If TH does not choose to enforce their copyrights then IOC can do nothing.

TH has a great photo, their sister owns a bookstore. TH informally licenses the 
photo to Sis to use in advertising.  The IOC does not even have the standing to 
discover if Sis has a license to use the photo or is instead infringing on the 
creator's copyright.  Only the copyright holder has standing contest the use of 
their work.  IOC can do nothing.

TH dies. Daughter inherits copyrights and sells photos taken at last month's 
Olympics. IOC can do nothing.

TH donates the full copyrights on all photos they created at the Games to a 
non-profit organization on the condition that their identity is not revealed. 
The non-profit, now copyright holder, licenses the entire collection CC-SA. IOC 
can do nothing.

The only reason the IOC was even able to make the empty threats it did about the Usain 
Bolt photo is that the photographer and licensing were all easily tracked down on 
Commons.  This issue (limits of contract law vs. copyright law) has been well hashed over 
in the past. The IOC cannot do what it seems to claim on this issue. I have actually dug 
around for the links to  past discussions of contracts for access used in attempt 
to control copyright, but sadly no luck. (I did however find useful links on three 
other issues sitting at the back of my mind!)

Really the IOC, whatever it wishes, cannot control the licensing, much less the 
actual usage, of photo taken at the Olympics. It has no right to do so, not 
under copyright, not under contract law.  It can in a very limited way exert 
control over individuals who voluntarily entered into binding contracts *with 
the IOC*. It cannot exert control over the photographs themselves nor any other 
individuals. The IOC has shown a willingness to harass and threaten people into 
a level of compliance that it has no right to demand. We can offer a shield 
from harassment to photographers, if any exist, who would like to offer their 
work to the common cultural landscape without being credited. Through 
pseudo-anonymity we can offer photographers a way to attribute their works to 
an account that cannot be identified today but can be repatriated tomorrow when 
the heat has cooled off. However, we probably should refrain from encouraging 
easily identified Flickr users to relicense their work in a way we now know 
will likely bring the IOC to their doorstep.

Birgitte SB


In general terms I think that a lot of these contracts on the back of 
a ticket, Terms of Use, and End User License Agreements may have a very 
limited enforceability. How many people really read, understand and 
agree to what they say? How do they know if the often lengthy legalese 
violates rights that they have under the law? In the case of software 
updates where the terms must be agreed to again there is great 
opportunity to quietly and subtly introduce new terms that won't be 
noticed except by careful comparison of the old and new versions.


Ray



Re: [Wikimedia-l] [Wikimediauk-l] The situation with the chair

2012-07-27 Thread Andreas Kolbe
On Thu, Jul 26, 2012 at 7:26 PM, Charles Matthews 
charles.r.matth...@ntlworld.com wrote:

 The point really is who actually cares about ArbCom decisions


I am really surprised to see a former member of ArbCom say this. Everybody
on this list cares about ArbCom decisions, most of the time, and so does
the entire body of administrators in the English Wikipedia. For the record,
ArbCom members derive their authority from 300 to 600 supporters' votes.
Wikimedia UK board members, from 40 or 50.

ArbCom had a number of reasons for their decision to ban Fae. These
included that he operated about a dozen different accounts, refused to
disclose all of them to ArbCom, and had in their view attempted to deceive
both the Wikipedia community and ArbCom itself.

Fae used commercial porn sites as biographical sources in Wikipedia. In one
case in June last year, he linked directly to a video clip showing the
biography subject, a black woman author, having sex (these were scenes from
a video she had tried to suppress), and vigorously defended that BLP
sourcing. He has since apologised for this error in judgment, but this must
be seen against the backdrop that it was Fae who, only a few weeks later,
told Parliament and the Charity Commission that the English Wikipedia had
an effective BLP policy, which was being effectively maintained by the
site's administrators, such as himself.

Refusing to acknowledge any problem, and beating up on ArbCom instead,
really is the least well advised strategy to deal with this situation.
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Re: [Wikimedia-l] [Wikimediauk-l] The situation with the chair

2012-07-27 Thread Yaroslav M. Blanter
Irrespectively of the en.wp Arbcom decision (which I do not want to 
discuss and I am not qualified to discuss) I think it is a very good 
thing that wm.uk issued a statement. I wish other Chapters would follow 
the lead, if needed. When Vladimir Medeyko, the president of wm.ru, and, 
I believe, at the time the Chapter Council member, was banned by Arbcom 
from editing Wikipedia and Wikipedia Talk space, nobody cared to issue 
any public statements. We know that some people may be troublemakers on 
some projects and marvellous on other projects or in other Wikimedia 
activity, but I believe if troubles come statements should indeed be 
issued by relevant authorities.


Cheers
Yaroslav

On Fri, 27 Jul 2012 11:54:52 +, Andreas Kolbe wrote:

On Thu, Jul 26, 2012 at 7:26 PM, Charles Matthews 
charles.r.matth...@ntlworld.com wrote:


The point really is who actually cares about ArbCom decisions



I am really surprised to see a former member of ArbCom say this. 
Everybody
on this list cares about ArbCom decisions, most of the time, and so 
does
the entire body of administrators in the English Wikipedia. For the 
record,
ArbCom members derive their authority from 300 to 600 supporters' 
votes.

Wikimedia UK board members, from 40 or 50.




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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread wiki-list
wikim...@inbox.org wrote:
 On Fri, Jul 27, 2012 at 3:35 AM, Ray Saintonge sainto...@telus.net wrote:
  I don't see that joint authorship enters into this at all. I think it's safe
  to assume that the one holding the camera is the one making the creative
  decisions about the photos.
 
 Then continue to advise people that they are the sole owner of a
 photograph just because they clicked the shutter.
 
 My advice is that the law isn't that simple, and that blanket
 statements of that type are quite often incorrect.
 

Suppose I take a photo of someone jumping over a hurdle. Most likely I'd alter 
the raw image somewhat. At least change the white balance, the colour 
saturation and mid grey point, but I might also change perspective, clone out 
some elements, blur other parts, maybe de-emphasis the colour is some other 
areas. The resulting image may be rather different to the image that was 
originally recorded. 

Now asuppose that the I who takes the photo is not the same I that does the 
post-processing.



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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Richard Symonds
I'm about to video the flypast, outside on the road in my dressing gown.
Does that count as freedom of panorama? ;-)

Richard Symonds, Wikimedia UK
On Jul 27, 2012 3:48 PM, wiki-l...@phizz.demon.co.uk wrote:

 wikim...@inbox.org wrote:
  On Fri, Jul 27, 2012 at 3:35 AM, Ray Saintonge sainto...@telus.net
 wrote:
   I don't see that joint authorship enters into this at all. I think
 it's safe
   to assume that the one holding the camera is the one making the
 creative
   decisions about the photos.
 
  Then continue to advise people that they are the sole owner of a
  photograph just because they clicked the shutter.
 
  My advice is that the law isn't that simple, and that blanket
  statements of that type are quite often incorrect.
 

 Suppose I take a photo of someone jumping over a hurdle. Most likely I'd
 alter the raw image somewhat. At least change the white balance, the colour
 saturation and mid grey point, but I might also change perspective, clone
 out some elements, blur other parts, maybe de-emphasis the colour is some
 other areas. The resulting image may be rather different to the image that
 was originally recorded.

 Now asuppose that the I who takes the photo is not the same I that does
 the post-processing.



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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Stevie Benton
Sounds like you're prepared for some flash photography. Ahem.
On Jul 27, 2012 8:08 PM, Richard Symonds richard.symo...@wikimedia.org.uk
wrote:

 I'm about to video the flypast, outside on the road in my dressing gown.
 Does that count as freedom of panorama? ;-)

 Richard Symonds, Wikimedia UK
 On Jul 27, 2012 3:48 PM, wiki-l...@phizz.demon.co.uk wrote:

  wikim...@inbox.org wrote:
   On Fri, Jul 27, 2012 at 3:35 AM, Ray Saintonge sainto...@telus.net
  wrote:
I don't see that joint authorship enters into this at all. I think
  it's safe
to assume that the one holding the camera is the one making the
  creative
decisions about the photos.
  
   Then continue to advise people that they are the sole owner of a
   photograph just because they clicked the shutter.
  
   My advice is that the law isn't that simple, and that blanket
   statements of that type are quite often incorrect.
  
 
  Suppose I take a photo of someone jumping over a hurdle. Most likely I'd
  alter the raw image somewhat. At least change the white balance, the
 colour
  saturation and mid grey point, but I might also change perspective, clone
  out some elements, blur other parts, maybe de-emphasis the colour is some
  other areas. The resulting image may be rather different to the image
 that
  was originally recorded.
 
  Now asuppose that the I who takes the photo is not the same I that does
  the post-processing.
 
 
 
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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Richard Symonds
Even for the east end of London, I got some odd looks. Video was a but
rubbish, but I tried!

Richard Symonds, Wikimedia UK
On Jul 27, 2012 8:12 PM, Stevie Benton stevie.ben...@wikimedia.org.uk
wrote:

 Sounds like you're prepared for some flash photography. Ahem.
 On Jul 27, 2012 8:08 PM, Richard Symonds 
 richard.symo...@wikimedia.org.uk
 wrote:

  I'm about to video the flypast, outside on the road in my dressing gown.
  Does that count as freedom of panorama? ;-)
 
  Richard Symonds, Wikimedia UK
  On Jul 27, 2012 3:48 PM, wiki-l...@phizz.demon.co.uk wrote:
 
   wikim...@inbox.org wrote:
On Fri, Jul 27, 2012 at 3:35 AM, Ray Saintonge sainto...@telus.net
   wrote:
 I don't see that joint authorship enters into this at all. I think
   it's safe
 to assume that the one holding the camera is the one making the
   creative
 decisions about the photos.
   
Then continue to advise people that they are the sole owner of a
photograph just because they clicked the shutter.
   
My advice is that the law isn't that simple, and that blanket
statements of that type are quite often incorrect.
   
  
   Suppose I take a photo of someone jumping over a hurdle. Most likely
 I'd
   alter the raw image somewhat. At least change the white balance, the
  colour
   saturation and mid grey point, but I might also change perspective,
 clone
   out some elements, blur other parts, maybe de-emphasis the colour is
 some
   other areas. The resulting image may be rather different to the image
  that
   was originally recorded.
  
   Now asuppose that the I who takes the photo is not the same I that does
   the post-processing.
  
  
  
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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Birgitte_sb




On Jul 27, 2012, at 8:14 AM, Anthony wikim...@inbox.org wrote:

 On Fri, Jul 27, 2012 at 3:35 AM, Ray Saintonge sainto...@telus.net wrote:
 I don't see that joint authorship enters into this at all. I think it's safe
 to assume that the one holding the camera is the one making the creative
 decisions about the photos.
 
 Then continue to advise people that they are the sole owner of a
 photograph just because they clicked the shutter.
 
 My advice is that the law isn't that simple, and that blanket
 statements of that type are quite often incorrect.
 
 

To the degree that we can advise people at all on copyright, it is safe to say 
that at the point someone clicked the shutter they were the sole owner of any 
copyright.  Considering just this moment in time, it is far, far more likely 
that there is no copyright created at all than that a joint authorship 
situation is created. However, many things can occur after this point in time 
which will result in a work with joint authorship. 

Birgitte SB


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Re: [Wikimedia-l] photography restrictions at the Olympics

2012-07-27 Thread Anthony
On Fri, Jul 27, 2012 at 6:47 PM,  birgitte...@yahoo.com wrote:
 On Jul 27, 2012, at 8:14 AM, Anthony wikim...@inbox.org wrote:
 My advice is that the law isn't that simple, and that blanket
 statements of that type are quite often incorrect.

 To the degree that we can advise people at all on copyright, it is safe to 
 say that at the point someone clicked the
 shutter they were the sole owner of any copyright.

Well, no, I disagree.  It is not at all safe to say.

Would you also say that whoever presses record on a tape player is
the sole owner of the copyright of the recording?

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[Wikimedia-l] Upcoming Survey, Feedback requested, and Office Hour

2012-07-27 Thread Christine Moellenberndt

*Hi everyone,

It's been a bit since I last emailed this list (or any list, for that 
matter!)... you may remember me, I worked at the Foundation last year in 
the Community Department, working with Philippe on any number of issues, 
as well as with the OTRS team.  I've come back to work on a short term 
project with the Foundation, and I have to say it's great to be back! 
(and a great break from my Master's thesis!)


We're getting ready to run the next version of the Editor Survey, for 
August 2012. This will be the third incarnation we've run since 2011. 
 As with the prior incarnations of the survey, we'll be looking at a 
variety of topics, this time with the goal of not only understanding 
your needs and pressing issues while interacting with fellow editors, 
but also focusing on editors' satisfaction with the work of the Foundation.


The last time we ran an editor survey, it was completed by over 6,000 
respondents.  When you break that down, it means that each minute of 
time demanded by the survey corresponds to 100 hours of Wikipedians' 
time.  We want to make sure that this time is spent wisely, ensuring 
that the questions we have are worded clearly, don't cause confusion, 
and will generate meaningful answers.  So we'd like to ask you to take a 
look at the survey, and give us feedback on the questions.  You can find 
them here:


https://meta.wikimedia.org/wiki/Research:Wikipedia_Editor_Survey_August_2012/Questions
https://meta.wikimedia.org/w/index.php?title=Research:Wikipedia_Editor_Survey_August_2012/Questions
... and please leave your feedback on the talk page there so we can keep 
the discussion in one place :)


You can find out more information about the survey here:

https://meta.wikimedia.org/wiki/Research:Wikipedia_Editor_Survey_August_2012

Also, we are planning an IRC Office Hour on the survey, this **Tuesday, 
July 31 at 1700 UTC.** (See 
https://meta.wikimedia.org/wiki/IRC_office_hoursfor general information 
about IRC Office hours)


I know there has been some discussion about offering Office Hours in a 
broader range of times, and I know this time may not be the greatest for 
some... but this was the best time we could find currently.


Thanks everyone!!

-Christine
Wikimedia Foundation*
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