Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread rupert THURNER
that sounds like a rather simple statement to make. is there a reason the
isreali govermmemt does not want to do that, or is this somenthing which
follows autimatically?

Rupert
Am 22.06.2014 11:22 schrieb geni geni...@gmail.com:

 On 22 June 2014 08:30, Itzik Edri it...@infra.co.il wrote:

  The story continues.
 
  WMIL uploaded a letter from the Ministry of Justice, addressed to the
  Commons Community, which confirm that the government don't have interest
 on
  this photos
 


 No it doesn't. It simply restates how the law works within Israel. Which we
 already know.

 What we need is a statement that says that they regard the copyright
 expiration on government works (private works are a secondary problem) to
 be global.


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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Tomasz Ganicz
2014-06-22 14:29 GMT+02:00 Russavia russavia.wikipe...@gmail.com:
 Craig, et al

 On Sun, Jun 22, 2014 at 7:08 PM, Craig Franklin cfrank...@halonetwork.net
 wrote:
 Russavia,


  I'm a bit confused though about the
 parody/satire angle, my understanding is that a CC licence does not
 extinguish things such as moral rights that are not related to copyright.

 Sorry, I should make myself more clear -- sometimes it's easy to forget
 that people may not be thinking on the same level as oneself.

 If an image is out of copyright in Israel, but still has copyright
 protection in the US due to URA, lets say one was to parody/satirise that
 work in the US, and let's say they sell that work for profit.

 Whilst parody and satire are covered under the 1st amendment in the US, the
 Israeli government could invoke the copyright protection in the US of that
 work to stop its distribution. And it's an argument that would work.[1]


Please, tell me why do we care about such a very unprobable,
theoretical scenario, when we do not care about much more probable
scenario of re-using hundreds of thousands of pictures about which use
can be a life threat to many people in many countries? This is what a
I am calling a result of group dogma on Commons, which tells that we
must be totally unpractical strict with copyright issues and totally
ignore all other legal treats. I  mean for example that we do not care
about sexually explicit pictures which is crime to even watch in Saudi
Arabia and several other countries, and in US they cannot be legally
exposed to children? You can also be senteced to death if you use a
picture of Xi Jinping in offending way in China and even in Poland
when you use a picture of Bronisław Komorowski (our president) which
was released by his office under CC-BY-SA in offendig way, you can be
sentenced to 2 years in prision... And these are quite probable
scenarios, not like Israeli case which is in fact very theoretical one
with probability to happen less than 0.1 % IMHO...



-- 
Tomek Polimerek Ganicz
http://pl.wikimedia.org/wiki/User:Polimerek
http://www.ganicz.pl/poli/
http://www.cbmm.lodz.pl/work.php?id=29title=tomasz-ganicz

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread geni
On 23 June 2014 07:31, rupert THURNER rupert.thur...@gmail.com wrote:

 that sounds like a rather simple statement to make. is there a reason the
 isreali govermmemt does not want to do that, or is this somenthing which
 follows autimatically?


As far as I'm aware they haven't been asked. Really all we need is an
Israeli  citizen to actual ask them.

-- 
geni
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Steffen Prößdorf
2014-06-22 18:10 GMT+02:00 Itzik Edri it...@infra.co.il:

 I'm saying that in *my personal opinion* as Wikimedians, and not I'm
 representing WMIL (which will continue FULLY to support the efforts on this
 issue) or any other official role i'm holding: but to be honest, as the
 situation looks right now in the commons - I don't think the government of
 Israel, or any other government need to behave according to the commons
 admins and their personal actions and opinions. From the government point
 of view - the photos are available online, they are free, they are no
 longer under copyright and they welcome everyone to uses it. Many people
 are already using the photos on websites, Flickrs accounts and others
 photos services - if the commons want to write his one rules
 and interpretations, even when the WMF BOT and the WMF legal staff don't
 fully support their steps - this is the commons and the movement problem to
 handle - not the government that have many others issues to handle, as this
 is not easy to reach and implement decision - and it rellevent to
 every government in the world. They are not working for us.


I am absolutely agree with that (also as my personal opinion).

The government allows the very free use of it, the WMF legal staff and the
BOT don't think the URAA should be used to delete photos on Commons without
office action, but the Commons admins do so. This is a big frustration for
all who spend stuff to Commons and their work and time for our projects.

Steffen
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Itzik Edri
Hi Geni,

I wonder when was the last time you, or any other person who responded till
now requested his government to make a public statement - in any issue, not
only related to this issue, and the government so quickly done that,
exactly as he way them to do so - without a long process which involve 100
legal advisers, ministries, committee discussions and many others steps
involve.

Itzik


On Mon, Jun 23, 2014 at 11:01 AM, geni geni...@gmail.com wrote:

 On 23 June 2014 07:31, rupert THURNER rupert.thur...@gmail.com wrote:

  that sounds like a rather simple statement to make. is there a reason the
  isreali govermmemt does not want to do that, or is this somenthing which
  follows autimatically?
 
 
 As far as I'm aware they haven't been asked. Really all we need is an
 Israeli  citizen to actual ask them.

 --
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread
On 23 June 2014 09:48, Steffen Prößdorf steffen.proessd...@wikimedia.de wrote:
 I am absolutely agree with that (also as my personal opinion).

 The government allows the very free use of it, the WMF legal staff and the
 BOT don't think the URAA should be used to delete photos on Commons without
 office action, but the Commons admins do so. This is a big frustration for
 all who spend stuff to Commons and their work and time for our projects.

As one of the more experienced Commons contributors, I'm going to
spell out a hint. I attempted to highlight this in a more subtle way,
before this email discussion went off on various tangents, I guess I
was being too British.

FACTS

A. The April 2014 RFC[2] was closed with the firm statement URAA
cannot be used as the sole reason for deletion. Deleted files can be
restored after a discussion in COM:UDR.

B. An RFC does not overrule policy, however the RFC does provide a
specific community consensus as to the preferred process that must be
followed to comply with policy.

C. Admins do not have free reign on Commons to delete whatever they
fancy, they can *easily and speedily* (compared to other Wikimedia
projects) be de-sysopped if they fail to follow policy or the
community (not just other admins) feel they are abusing their
powers.[1] Desysop requests can be raised by anyone, anyone can vote
in them and a *majority consensus* rules, so about 50% is sufficient
to remove the admin. A preliminary discussion before creating the
de-sysop request should be created at AN/U - which gives the admin
fingered for disruption an opportunity to walk away or explain how
they intent to comply with policy or offer a more harmonious
approach.[3]

CONCLUSION

If substantial numbers of Commons community members feel that admins
are failing to implement the RFC as stated, possibly by ignoring
successful undeletion requests (a community consensus process) and
ignoring the specific process agreed in the April RFC, then a single
member of the same community (both admins and non-admins, and most
readers of this email) can start the de-sysop process for any
administrator on the grounds that they are abusing their powers.

Now, rather than moaning on this list, you can stick you head out of
the window and start shouting,[4] or you can go to Commons and
contribute to this great project.

Links
1. https://commons.wikimedia.org/wiki/Commons:Administrators/De-adminship
2. 
https://commons.wikimedia.org/wiki/Commons:Massive_restoration_of_deleted_images_by_the_URAA#Close
3. 
https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems
4. https://en.wikiquote.org/wiki/Network_%28film%29

PS Nobody can de-sysop me, just you try to create a de-sysop request
and see what happens. :-)

Fae
-- 
fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread geni
On 23 June 2014 10:03, Itzik Edri it...@infra.co.il wrote:

 Hi Geni,

 I wonder when was the last time you, or any other person who responded till
 now requested his government to make a public statement - in any issue, not
 only related to this issue, and the government so quickly done that,
 exactly as he way them to do so - without a long process which involve 100
 legal advisers, ministries, committee discussions and many others steps
 involve.


Probably the last time anyone filed a freedom of information request. For a
direct example it would be the 7th of April with regards to a request about
bank of England notes. See  OTRS ticket # 2014041010009626


-- 
geni
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Gerard Meijssen
Hoi,
The Israeli government is clear in that they claim no copyright. A license
can only be given when you claim a copyright.

How can you argue and from an US legal point of view and insist that
another government is to claim copyright in order to give a license.. It
will never be considered in a court of law because it is the Israeli
government who would be seeking justice in a US court of law. It makes more
sense for them to change their own law.

Really this whole thing is silly to the extreme.
Thanks,
  Gerard


On 22 June 2014 11:56, Craig Franklin cfrank...@halonetwork.net wrote:

 Pardon me if this has already been covered, but as I understand it the
 problem is not the legal status of the files in Israel, the problem is with
 the legal status of the files in the United States, where the Israeli
 Government may still have some copyright protections.  So while the
 contents of the letter are nice, they don't address the problem.

 It seems to me that rather than insisting that the files are permitted to
 remain, a more fruitful avenue might be to use WMIL's contacts with the
 Israeli Government to licence these images anywhere where copyright might
 still exist under a very free licence like CC-0.  That way even if URAA or
 some future copyright shenanigans places these images back under copyright,
 they're usable by anyone.  This ought to satisfy even the most dogmatic
 Commons admin that the images are indeed free.

 Cheers,
 Craig


 On 22 June 2014 17:30, Itzik Edri it...@infra.co.il wrote:

  The story continues.
 
  WMIL uploaded a letter from the Ministry of Justice, addressed to the
  Commons Community, which confirm that the government don't have interest
 on
  this photos. And not surprising, he was deleted from Commoms by the same
  person who deleted all the photos so far:
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
  Hard not to feel that the reason to this massive deletions and this kind
 of
  behavior does not cross the boundaries of URAA enforcement to probably
 more
  personal views...
 
  The original letter can be found on Hebrew Wikipedia:
 
 
 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg
 
  Itzik
 
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
 
  On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:
 
   Hi,
  
   Some Commons contributors like to ask impossible requirements, and
   threaten to delete files if these are not met. We have now a case of
   famous pictures from the government of Israel and Israel Defense
   Forces.
  
  
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
  
   These are famous and valuable pictures, including two featured
   pictures on the Hebrew Wikipedia. These files have already been
   deleted and restored 3 times. When the URAA issue was not convincing
   enough, a new reson for deletion was advanced: that publication
   details were not given. Anyone with 2 bits of common sense can
   understand that these famous pictures were published soon after they
   were taken. There is no reasonable doubt about that. In addition,
   publication is not a requirement for being in the public domain in
   Israel.
  
   After I restored these images, I was threatem by LGA, who is a
   delete-only account:
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems#User:Yann
   There, more contributors argue on this issue.
  
   By asking absurb requirements about publication details, these
   contributors threaten the project as a whole. If insisting, it will
   lead people to upload pictures like these locally instead of Commons.
   Then the idea of a central repository for all Wikimedia projects is
   gone.
  
   Instead of looking for a reason to destroy these files, they should
   try to find a reason to keep them.
  
   Regards,
  
   Yann
  
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread geni
On 23 June 2014 11:41, Gerard Meijssen gerard.meijs...@gmail.com wrote:

 Hoi,
 The Israeli government is clear in that they claim no copyright.



No they aren't.



 How can you argue and from an US legal point of view and insist that
 another government is to claim copyright in order to give a license.. It
 will never be considered in a court of law because it is the Israeli
 government who would be seeking justice in a US court of law.



Are you under impression that governments can't do exactly that?
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Gerard Meijssen
Hoi,
I disagree

They can but it makes more sense for them to change their own law first.
Thanks,
Gerard


On 23 June 2014 13:42, geni geni...@gmail.com wrote:

 On 23 June 2014 11:41, Gerard Meijssen gerard.meijs...@gmail.com wrote:

  Hoi,
  The Israeli government is clear in that they claim no copyright.
 


 No they aren't.



  How can you argue and from an US legal point of view and insist that
  another government is to claim copyright in order to give a license.. It
  will never be considered in a court of law because it is the Israeli
  government who would be seeking justice in a US court of law.
 


 Are you under impression that governments can't do exactly that?
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Ilario Valdelli
In my opinion as soon the letter is submitted through OTRS, the same letter
releases this content and defines that it's allowed to have it in Commons.

URAA extends the copyright, it doesn't block the possibility to renounce to
the copyright.

Regards


On Sun, Jun 22, 2014 at 11:56 AM, Craig Franklin cfrank...@halonetwork.net
wrote:

 Pardon me if this has already been covered, but as I understand it the
 problem is not the legal status of the files in Israel, the problem is with
 the legal status of the files in the United States, where the Israeli
 Government may still have some copyright protections.  So while the
 contents of the letter are nice, they don't address the problem.

 It seems to me that rather than insisting that the files are permitted to
 remain, a more fruitful avenue might be to use WMIL's contacts with the
 Israeli Government to licence these images anywhere where copyright might
 still exist under a very free licence like CC-0.  That way even if URAA or
 some future copyright shenanigans places these images back under copyright,
 they're usable by anyone.  This ought to satisfy even the most dogmatic
 Commons admin that the images are indeed free.

 Cheers,
 Craig


 On 22 June 2014 17:30, Itzik Edri it...@infra.co.il wrote:

  The story continues.
 
  WMIL uploaded a letter from the Ministry of Justice, addressed to the
  Commons Community, which confirm that the government don't have interest
 on
  this photos. And not surprising, he was deleted from Commoms by the same
  person who deleted all the photos so far:
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
  Hard not to feel that the reason to this massive deletions and this kind
 of
  behavior does not cross the boundaries of URAA enforcement to probably
 more
  personal views...
 
  The original letter can be found on Hebrew Wikipedia:
 
 
 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg
 
  Itzik
 
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
 
  On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:
 
   Hi,
  
   Some Commons contributors like to ask impossible requirements, and
   threaten to delete files if these are not met. We have now a case of
   famous pictures from the government of Israel and Israel Defense
   Forces.
  
  
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
  
   These are famous and valuable pictures, including two featured
   pictures on the Hebrew Wikipedia. These files have already been
   deleted and restored 3 times. When the URAA issue was not convincing
   enough, a new reson for deletion was advanced: that publication
   details were not given. Anyone with 2 bits of common sense can
   understand that these famous pictures were published soon after they
   were taken. There is no reasonable doubt about that. In addition,
   publication is not a requirement for being in the public domain in
   Israel.
  
   After I restored these images, I was threatem by LGA, who is a
   delete-only account:
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems#User:Yann
   There, more contributors argue on this issue.
  
   By asking absurb requirements about publication details, these
   contributors threaten the project as a whole. If insisting, it will
   lead people to upload pictures like these locally instead of Commons.
   Then the idea of a central repository for all Wikimedia projects is
   gone.
  
   Instead of looking for a reason to destroy these files, they should
   try to find a reason to keep them.
  
   Regards,
  
   Yann
  
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread geni
On 23 June 2014 13:00, Ilario Valdelli valde...@gmail.com wrote:

 In my opinion as soon the letter is submitted through OTRS, the same letter
 releases this content and defines that it's allowed to have it in Commons.

 URAA extends the copyright, it doesn't block the possibility to renounce to
 the copyright.



Nothing in the letter renounces copyrights held outside Israel.


-- 
geni
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Lodewijk
The question is whether that is implicit, and whether that is necessary at
all. I find the argument that for government works we only have to bother
about the law of the source country, very persuasive.


2014-06-23 14:27 GMT+02:00 geni geni...@gmail.com:

 On 23 June 2014 13:00, Ilario Valdelli valde...@gmail.com wrote:

  In my opinion as soon the letter is submitted through OTRS, the same
 letter
  releases this content and defines that it's allowed to have it in
 Commons.
 
  URAA extends the copyright, it doesn't block the possibility to renounce
 to
  the copyright.
 


 Nothing in the letter renounces copyrights held outside Israel.


 --
 geni
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread
On 23 June 2014 13:42, Lodewijk lodew...@effeietsanders.org wrote:
 The question is whether that is implicit, and whether that is necessary at
 all. I find the argument that for government works we only have to bother
 about the law of the source country, very persuasive.

I can see no point in this discussion. Folks had every opportunity to
give viewpoints during the RFC on Commons in April. No opinion in this
list makes any tangible difference to the existing on-Commons RFC,
on-Commons policies or published U.S. copyright law, even though it
may be a good way of blowing off steam.

GUIDE TO PLACES TO COMPLAIN ON COMMONS AND MAKE A DIFFERENCE:

A. If anyone thinks that the April RFC was unclear as to the process
that administrators should follow, they can create another.[1]

B. If anyone feels that a particular admin is misusing their powers,
then AN/U is a good place to complain, where it might make a
difference or ensure that admin publicly justifies their
actions.[2][3]

C. A useful place to discuss copyright is the noticeboard on Commons
for copyright, the advantage being that the same things do not get
said several times over and where it is possible to correct something
you write after you press 'send'.[4]

D. Become an admin and do it yourself, or de-sysop an admin you feel
has misused their powers, using simple standard processes.[2][5]

Links
1. https://commons.wikimedia.org/wiki/Commons:Requests_for_comment
2. http://lists.wikimedia.org/pipermail/wikimedia-l/2014-June/072926.html
3. 
https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems
4. https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright
5. https://commons.wikimedia.org/wiki/Commons:Administrators

Fae
-- 
fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-23 Thread Jeevan Jose
I think following the opinion of Carl Lindberg is the best option [1]: I
would personally be happy about not having to delete governmental works
which have expired in their own country... those always have felt different
to me than privately-held copyrights.

Hope Fae will support me when I start a mass de-admin request followed
by my self admin request. :)

Links:
1.
https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright/Archive/2014/04#New_URAA_policy_and_the_rule_of_the_shorter_term

Jee


On Mon, Jun 23, 2014 at 6:29 PM, Fæ fae...@gmail.com wrote:

 On 23 June 2014 13:42, Lodewijk lodew...@effeietsanders.org wrote:
  The question is whether that is implicit, and whether that is necessary
 at
  all. I find the argument that for government works we only have to bother
  about the law of the source country, very persuasive.

 I can see no point in this discussion. Folks had every opportunity to
 give viewpoints during the RFC on Commons in April. No opinion in this
 list makes any tangible difference to the existing on-Commons RFC,
 on-Commons policies or published U.S. copyright law, even though it
 may be a good way of blowing off steam.

 GUIDE TO PLACES TO COMPLAIN ON COMMONS AND MAKE A DIFFERENCE:

 A. If anyone thinks that the April RFC was unclear as to the process
 that administrators should follow, they can create another.[1]

 B. If anyone feels that a particular admin is misusing their powers,
 then AN/U is a good place to complain, where it might make a
 difference or ensure that admin publicly justifies their
 actions.[2][3]

 C. A useful place to discuss copyright is the noticeboard on Commons
 for copyright, the advantage being that the same things do not get
 said several times over and where it is possible to correct something
 you write after you press 'send'.[4]

 D. Become an admin and do it yourself, or de-sysop an admin you feel
 has misused their powers, using simple standard processes.[2][5]

 Links
 1. https://commons.wikimedia.org/wiki/Commons:Requests_for_comment
 2. http://lists.wikimedia.org/pipermail/wikimedia-l/2014-June/072926.html
 3.
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems
 4. https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright
 5. https://commons.wikimedia.org/wiki/Commons:Administrators

 Fae
 --
 fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Jane Darnell
Well I am not an admin, but as on all other projects, you must play by the
rules. I noticed the deletion notice for your letter claimed it was a
derivative work, implying that the file was uploaded as artwork. It
either included a logo letterhead that has not previously been uploaded
(see [1]) or it needed the PD-text license (see [2]) instead of whatever
the default uploader slaps on (probably own work).

[1]
https://commons.wikimedia.org/wiki/Category:Logos_of_governments_and_government_agencies
[2] https://commons.wikimedia.org/wiki/Template:PD-text


On Sun, Jun 22, 2014 at 9:30 AM, Itzik Edri it...@infra.co.il wrote:

 The story continues.

 WMIL uploaded a letter from the Ministry of Justice, addressed to the
 Commons Community, which confirm that the government don't have interest on
 this photos. And not surprising, he was deleted from Commoms by the same
 person who deleted all the photos so far:

 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg

 Hard not to feel that the reason to this massive deletions and this kind of
 behavior does not cross the boundaries of URAA enforcement to probably more
 personal views...

 The original letter can be found on Hebrew Wikipedia:

 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg

 Itzik


 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg


 On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:

  Hi,
 
  Some Commons contributors like to ask impossible requirements, and
  threaten to delete files if these are not met. We have now a case of
  famous pictures from the government of Israel and Israel Defense
  Forces.
 
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
 
  These are famous and valuable pictures, including two featured
  pictures on the Hebrew Wikipedia. These files have already been
  deleted and restored 3 times. When the URAA issue was not convincing
  enough, a new reson for deletion was advanced: that publication
  details were not given. Anyone with 2 bits of common sense can
  understand that these famous pictures were published soon after they
  were taken. There is no reasonable doubt about that. In addition,
  publication is not a requirement for being in the public domain in
  Israel.
 
  After I restored these images, I was threatem by LGA, who is a
  delete-only account:
 
 
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems#User:Yann
  There, more contributors argue on this issue.
 
  By asking absurb requirements about publication details, these
  contributors threaten the project as a whole. If insisting, it will
  lead people to upload pictures like these locally instead of Commons.
  Then the idea of a central repository for all Wikimedia projects is
  gone.
 
  Instead of looking for a reason to destroy these files, they should
  try to find a reason to keep them.
 
  Regards,
 
  Yann
 
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread geni
On 22 June 2014 08:30, Itzik Edri it...@infra.co.il wrote:

 The story continues.

 WMIL uploaded a letter from the Ministry of Justice, addressed to the
 Commons Community, which confirm that the government don't have interest on
 this photos



No it doesn't. It simply restates how the law works within Israel. Which we
already know.

What we need is a statement that says that they regard the copyright
expiration on government works (private works are a secondary problem) to
be global.


-- 
geni
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Craig Franklin
Pardon me if this has already been covered, but as I understand it the
problem is not the legal status of the files in Israel, the problem is with
the legal status of the files in the United States, where the Israeli
Government may still have some copyright protections.  So while the
contents of the letter are nice, they don't address the problem.

It seems to me that rather than insisting that the files are permitted to
remain, a more fruitful avenue might be to use WMIL's contacts with the
Israeli Government to licence these images anywhere where copyright might
still exist under a very free licence like CC-0.  That way even if URAA or
some future copyright shenanigans places these images back under copyright,
they're usable by anyone.  This ought to satisfy even the most dogmatic
Commons admin that the images are indeed free.

Cheers,
Craig


On 22 June 2014 17:30, Itzik Edri it...@infra.co.il wrote:

 The story continues.

 WMIL uploaded a letter from the Ministry of Justice, addressed to the
 Commons Community, which confirm that the government don't have interest on
 this photos. And not surprising, he was deleted from Commoms by the same
 person who deleted all the photos so far:

 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg

 Hard not to feel that the reason to this massive deletions and this kind of
 behavior does not cross the boundaries of URAA enforcement to probably more
 personal views...

 The original letter can be found on Hebrew Wikipedia:

 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg

 Itzik


 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg


 On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:

  Hi,
 
  Some Commons contributors like to ask impossible requirements, and
  threaten to delete files if these are not met. We have now a case of
  famous pictures from the government of Israel and Israel Defense
  Forces.
 
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
 
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
 
  These are famous and valuable pictures, including two featured
  pictures on the Hebrew Wikipedia. These files have already been
  deleted and restored 3 times. When the URAA issue was not convincing
  enough, a new reson for deletion was advanced: that publication
  details were not given. Anyone with 2 bits of common sense can
  understand that these famous pictures were published soon after they
  were taken. There is no reasonable doubt about that. In addition,
  publication is not a requirement for being in the public domain in
  Israel.
 
  After I restored these images, I was threatem by LGA, who is a
  delete-only account:
 
 
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems#User:Yann
  There, more contributors argue on this issue.
 
  By asking absurb requirements about publication details, these
  contributors threaten the project as a whole. If insisting, it will
  lead people to upload pictures like these locally instead of Commons.
  Then the idea of a central repository for all Wikimedia projects is
  gone.
 
  Instead of looking for a reason to destroy these files, they should
  try to find a reason to keep them.
 
  Regards,
 
  Yann
 
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Andre Engels
So you want them to have a letter You are allowed to use these images that
you are allowed to use but if the letter says that the reason that they're
allowed to use it is that they are allowed to use it, it is not valid.

Shouldn't we be welcoming free content rather than inventing far out
reasons to think why they maybe in some way are not free and thus delete
them?

Andre Engels



On Sun, Jun 22, 2014 at 11:56 AM, Craig Franklin cfrank...@halonetwork.net
wrote:

 Pardon me if this has already been covered, but as I understand it the
 problem is not the legal status of the files in Israel, the problem is with
 the legal status of the files in the United States, where the Israeli
 Government may still have some copyright protections.  So while the
 contents of the letter are nice, they don't address the problem.

 It seems to me that rather than insisting that the files are permitted to
 remain, a more fruitful avenue might be to use WMIL's contacts with the
 Israeli Government to licence these images anywhere where copyright might
 still exist under a very free licence like CC-0.  That way even if URAA or
 some future copyright shenanigans places these images back under copyright,
 they're usable by anyone.  This ought to satisfy even the most dogmatic
 Commons admin that the images are indeed free.

 Cheers,
 Craig


 On 22 June 2014 17:30, Itzik Edri it...@infra.co.il wrote:

  The story continues.
 
  WMIL uploaded a letter from the Ministry of Justice, addressed to the
  Commons Community, which confirm that the government don't have interest
 on
  this photos. And not surprising, he was deleted from Commoms by the same
  person who deleted all the photos so far:
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
  Hard not to feel that the reason to this massive deletions and this kind
 of
  behavior does not cross the boundaries of URAA enforcement to probably
 more
  personal views...
 
  The original letter can be found on Hebrew Wikipedia:
 
 
 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg
 
  Itzik
 
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
 
  On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:
 
   Hi,
  
   Some Commons contributors like to ask impossible requirements, and
   threaten to delete files if these are not met. We have now a case of
   famous pictures from the government of Israel and Israel Defense
   Forces.
  
  
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
  
   These are famous and valuable pictures, including two featured
   pictures on the Hebrew Wikipedia. These files have already been
   deleted and restored 3 times. When the URAA issue was not convincing
   enough, a new reson for deletion was advanced: that publication
   details were not given. Anyone with 2 bits of common sense can
   understand that these famous pictures were published soon after they
   were taken. There is no reasonable doubt about that. In addition,
   publication is not a requirement for being in the public domain in
   Israel.
  
   After I restored these images, I was threatem by LGA, who is a
   delete-only account:
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Administrators%27_noticeboard/User_problems#User:Yann
   There, more contributors argue on this issue.
  
   By asking absurb requirements about publication details, these
   contributors threaten the project as a whole. If insisting, it will
   lead people to upload pictures like these locally instead of Commons.
   Then the idea of a central repository for all Wikimedia projects is
   gone.
  
   Instead of looking for a reason to destroy these files, they should
   try to find a reason to keep them.
  
   Regards,
  
   Yann
  
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Tomasz Ganicz
It is a bit crazy :-) The use to be copyright holder of these files is
Israeli goverment. But according to the goverment it does not claim
any copyrights as it clearly stated that the these files are not
copyrightable, and it is no longer copyright holder. One can have an
assumption that next Israeli government may change its mind. But the
government can change the mind even if it releases these pictures
under CC-0 waiver. In most jurisdictions the licenses can be revoked
and the non-revocable clauses in CC and GNU/FAL licenses have no any
legal value.

I mean the absolute attitude of Commons towards copyright  freedom of
media hardly make any sense in most jurisdictions. It ignores many
facts and is sticked to some others without clear reasons. This not an
absolute as in absolute terms there is no any single media about which
one can say it is free globally with 100% certainty, and also it is
not any practical attitude really preventing our re-users from legal
problems, as we mainly ignore non-copyright legal issues. This is
rather a derivative of long discussions on Commons which are subject
of group thinking syndrome, which made some arguments kind of dogma .



2014-06-22 12:07 GMT+02:00 Andre Engels andreeng...@gmail.com:
 So you want them to have a letter You are allowed to use these images that
 you are allowed to use but if the letter says that the reason that they're
 allowed to use it is that they are allowed to use it, it is not valid.

 Shouldn't we be welcoming free content rather than inventing far out
 reasons to think why they maybe in some way are not free and thus delete
 them?

 Andre Engels



 On Sun, Jun 22, 2014 at 11:56 AM, Craig Franklin cfrank...@halonetwork.net
 wrote:

 Pardon me if this has already been covered, but as I understand it the
 problem is not the legal status of the files in Israel, the problem is with
 the legal status of the files in the United States, where the Israeli
 Government may still have some copyright protections.  So while the
 contents of the letter are nice, they don't address the problem.

 It seems to me that rather than insisting that the files are permitted to
 remain, a more fruitful avenue might be to use WMIL's contacts with the
 Israeli Government to licence these images anywhere where copyright might
 still exist under a very free licence like CC-0.  That way even if URAA or
 some future copyright shenanigans places these images back under copyright,
 they're usable by anyone.  This ought to satisfy even the most dogmatic
 Commons admin that the images are indeed free.

 Cheers,
 Craig


 On 22 June 2014 17:30, Itzik Edri it...@infra.co.il wrote:

  The story continues.
 
  WMIL uploaded a letter from the Ministry of Justice, addressed to the
  Commons Community, which confirm that the government don't have interest
 on
  this photos. And not surprising, he was deleted from Commoms by the same
  person who deleted all the photos so far:
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
  Hard not to feel that the reason to this massive deletions and this kind
 of
  behavior does not cross the boundaries of URAA enforcement to probably
 more
  personal views...
 
  The original letter can be found on Hebrew Wikipedia:
 
 
 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg
 
  Itzik
 
 
 
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg
 
 
  On Tue, Jun 17, 2014 at 2:34 AM, Yann Forget yan...@gmail.com wrote:
 
   Hi,
  
   Some Commons contributors like to ask impossible requirements, and
   threaten to delete files if these are not met. We have now a case of
   famous pictures from the government of Israel and Israel Defense
   Forces.
  
  
 
 https://commons.wikimedia.org/wiki/User_talk:Matanya#Files_and_pages_that_were_deleted_by_User:Fastily_that_I_am_aware_of_them
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Beba_Idelson_Ada_Maimon1952.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abba_Hushi_1956.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aharon_Meskin_-_Ben_Gurion_-_Israel_Prize1960.jpg
  
  
 
 https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Avraham_Shlonsky_1952.jpg
  
   These are famous and valuable pictures, including two featured
   pictures on the Hebrew Wikipedia. These files have already been
   deleted and restored 3 times. When the URAA issue was not convincing
   enough, a new reson for deletion was advanced: that publication
   details were not given. Anyone with 2 bits of common sense can
   understand that these famous pictures were published soon after they
   were 

Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Russavia
Craig, et al

On Sun, Jun 22, 2014 at 5:56 PM, Craig Franklin
cfrank...@halonetwork.net wrote:
 Pardon me if this has already been covered, but as I understand it the
 problem is not the legal status of the files in Israel, the problem is with
 the legal status of the files in the United States, where the Israeli
 Government may still have some copyright protections.

You are misunderstanding completely the issue. There is no evidence
that Israel has a PD exemption for such government works, as we see
for say, Russia,[1] which allows for letters such as this to exist on
Commons.[2]

 It seems to me that rather than insisting that the files are permitted to
 remain, a more fruitful avenue might be to use WMIL's contacts with the
 Israeli Government to licence these images anywhere where copyright might
 still exist under a very free licence like CC-0.  That way even if URAA or
 some future copyright shenanigans places these images back under copyright,
 they're usable by anyone.  This ought to satisfy even the most dogmatic
 Commons admin that the images are indeed free.

I have told someone that what needs to occur is for the GPO to release
their claims over copyright worldwide in relation to URAA. The reason
for this, is the same reason that the Israeli Government would NEVER
CC-0 licence their materials -- because it opens them up to parody,
satire and other uses that they might not agree with -- and we need to
protect re-users who wish to use materials for such purposes. That's
the same reason that the Australian Commonwealth Parliament refuses to
CC photos of MPs, in case you weren't aware.

Cheers

Russavia

[1] http://commons.wikimedia.org/wiki/Template:PD-RU-exempt
[2] https://commons.wikimedia.org/wiki/File:Russian_letter_to_FIFA.jpg

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Russavia
Itzik

On Sun, Jun 22, 2014 at 3:30 PM, Itzik Edri it...@infra.co.il wrote:
 The story continues.

 WMIL uploaded a letter from the Ministry of Justice, addressed to the
 Commons Community, which confirm that the government don't have interest on
 this photos. And not surprising, he was deleted from Commoms by the same
 person who deleted all the photos so far:
 https://commons.wikimedia.org/wiki/File:Ministry_of_Justice%27s_of_Israel_response_to_copyrights_issue.jpg

The file was deleted because Hanay uploaded it as a self-authored
work. This is obviously not the case, so the deletion is valid. Please
refer to https://commons.wikimedia.org/wiki/Commons:SCOPE and
https://commons.wikimedia.org/wiki/Commons:L

If Israeli law has an exemption for government works, then perhaps we
can look at restoring it.

It saddens me that I am having to say this to the Chairman of
Wikimedia Israel, because it truly seems to me that you don't know how
Commons operates and what our mission is.

Cheers

Russavia

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Lodewijk
I'm uncertain why CC-0 would be more beneficial than a statement that the
government believes the photos to be in the public domain. The main
difference I see is that a release is active, which might be out of the
power of the civil servant, the statement is a matter of fact and thus
passive.

Maybe you would insist that the Israeli govenment issues a statement that
they will follow their own copyright law rather than the US copyright law?
Seems like an open door to me, to be honest. (yeah yeah, i know this is an
easy target for snarky anti-israel remarks - lets steer away from that here
please)

I can understand this to be an issue with private non-government works from
Israel, but I really don't see the point in government works that are
considered PD in the country where they originate.

Either way, we're not going to resolve this discussion here - but I do get
a better understanding of some of the frustration.

Lodewijk


2014-06-22 12:26 GMT+02:00 Russavia russavia.wikipe...@gmail.com:

 Craig, et al

 On Sun, Jun 22, 2014 at 5:56 PM, Craig Franklin
 cfrank...@halonetwork.net wrote:
  Pardon me if this has already been covered, but as I understand it the
  problem is not the legal status of the files in Israel, the problem is
 with
  the legal status of the files in the United States, where the Israeli
  Government may still have some copyright protections.

 You are misunderstanding completely the issue. There is no evidence
 that Israel has a PD exemption for such government works, as we see
 for say, Russia,[1] which allows for letters such as this to exist on
 Commons.[2]

  It seems to me that rather than insisting that the files are permitted to
  remain, a more fruitful avenue might be to use WMIL's contacts with the
  Israeli Government to licence these images anywhere where copyright might
  still exist under a very free licence like CC-0.  That way even if URAA
 or
  some future copyright shenanigans places these images back under
 copyright,
  they're usable by anyone.  This ought to satisfy even the most dogmatic
  Commons admin that the images are indeed free.

 I have told someone that what needs to occur is for the GPO to release
 their claims over copyright worldwide in relation to URAA. The reason
 for this, is the same reason that the Israeli Government would NEVER
 CC-0 licence their materials -- because it opens them up to parody,
 satire and other uses that they might not agree with -- and we need to
 protect re-users who wish to use materials for such purposes. That's
 the same reason that the Australian Commonwealth Parliament refuses to
 CC photos of MPs, in case you weren't aware.

 Cheers

 Russavia

 [1] http://commons.wikimedia.org/wiki/Template:PD-RU-exempt
 [2] https://commons.wikimedia.org/wiki/File:Russian_letter_to_FIFA.jpg

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Craig Franklin
Russavia,

I am aware that that is the issue (and I was talking about the original
problem images, not this letter).  I'm a bit confused though about the
parody/satire angle, my understanding is that a CC licence does not
extinguish things such as moral rights that are not related to copyright.
 Also, I do find it a bit odd that the Israeli Ministry of Justice would be
comfortable disclaiming any copyright to the image within Israel per their
letter, but would be uncomfortable licencing them in other jurisdictions
under a licence that does essentially the same thing.  We can but only ask,
and see what they say; if they say no for the reasons you outline then
nothing has been lost.  I do agree that the Australian Commonwealth is
behind the curve as well here, but in my experience and with some
honourable exceptions, most federal bureaucrats still conflate these issues
with the unrelated matter of FOI law.

But, I guess what I'm trying to get at, is that if these images *are*
useful, a more productive course of action than arguing about it on a
mailing list would probably be to identify what steps can be taken in good
faith to move them from a disputed copyright situation to a situation where
everyone is comfortable that there are no problems with re-use.  If all the
energy that had gone into these threads and the various tit-for-tat
nominations on Commons had gone into that instead, we'd probably already be
halfway there.

Cheers,
Craig




On 22 June 2014 20:26, Russavia russavia.wikipe...@gmail.com wrote:

 Craig, et al

 On Sun, Jun 22, 2014 at 5:56 PM, Craig Franklin
 cfrank...@halonetwork.net wrote:
  Pardon me if this has already been covered, but as I understand it the
  problem is not the legal status of the files in Israel, the problem is
 with
  the legal status of the files in the United States, where the Israeli
  Government may still have some copyright protections.

 You are misunderstanding completely the issue. There is no evidence
 that Israel has a PD exemption for such government works, as we see
 for say, Russia,[1] which allows for letters such as this to exist on
 Commons.[2]

  It seems to me that rather than insisting that the files are permitted to
  remain, a more fruitful avenue might be to use WMIL's contacts with the
  Israeli Government to licence these images anywhere where copyright might
  still exist under a very free licence like CC-0.  That way even if URAA
 or
  some future copyright shenanigans places these images back under
 copyright,
  they're usable by anyone.  This ought to satisfy even the most dogmatic
  Commons admin that the images are indeed free.

 I have told someone that what needs to occur is for the GPO to release
 their claims over copyright worldwide in relation to URAA. The reason
 for this, is the same reason that the Israeli Government would NEVER
 CC-0 licence their materials -- because it opens them up to parody,
 satire and other uses that they might not agree with -- and we need to
 protect re-users who wish to use materials for such purposes. That's
 the same reason that the Australian Commonwealth Parliament refuses to
 CC photos of MPs, in case you weren't aware.

 Cheers

 Russavia

 [1] http://commons.wikimedia.org/wiki/Template:PD-RU-exempt
 [2] https://commons.wikimedia.org/wiki/File:Russian_letter_to_FIFA.jpg

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread
On 22 June 2014 12:08, Craig Franklin cfrank...@halonetwork.net wrote:
...
 parody/satire angle, my understanding is that a CC licence does not
 extinguish things such as moral rights that are not related to copyright.

This is fundamentally misleading. Please refer to
https://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29

If you have not read up on IP law, or are confused about copyright
terms, I suggest having the discussion on-wiki rather than on an email
list, where corrections like this either get skipped, leading to later
readers thinking that these are factual statements, or we end up
repeating basic copyright law endlessly.

Thanks,
Fae
-- 
fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Jeevan Jose
https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg

Such a statement from GOI can't override US copyright law for all works
originated from Israel. (as Geni said above)

But one thing they can do. They can make a statement that they have no plan
to claim copyright for Govt works per URAA in USA. So all the works of
Israel will become PD in USA too when they become PD in Israel.

I think this is the opinin expressed by  Carl Lindberg at
https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright/Archive/2014/04#New_URAA_policy_and_the_rule_of_the_shorter_term

Jee


On Sun, Jun 22, 2014 at 4:49 PM, Fæ fae...@gmail.com wrote:

 On 22 June 2014 12:08, Craig Franklin cfrank...@halonetwork.net wrote:
 ...
  parody/satire angle, my understanding is that a CC licence does not
  extinguish things such as moral rights that are not related to copyright.

 This is fundamentally misleading. Please refer to
 https://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29

 If you have not read up on IP law, or are confused about copyright
 terms, I suggest having the discussion on-wiki rather than on an email
 list, where corrections like this either get skipped, leading to later
 readers thinking that these are factual statements, or we end up
 repeating basic copyright law endlessly.

 Thanks,
 Fae
 --
 fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Itzik Edri
With all the good faith, and even with the good connections of WMIL with
the Israeli government - lets don't forget this it is still, a government,
and it is not kind of lets ask them and they will do it just because we
are Wikimedia Commons issue. It was hard enough to explain them the
ridiculous situation we are facing right now. Don't forget It's took us 3
years to convince the government to release their public photos under
cc-nc, and it was a huge win and successful advocacy work for our movement
that never been done before.

I'm saying that in *my personal opinion* as Wikimedians, and not I'm
representing WMIL (which will continue FULLY to support the efforts on this
issue) or any other official role i'm holding: but to be honest, as the
situation looks right now in the commons - I don't think the government of
Israel, or any other government need to behave according to the commons
admins and their personal actions and opinions. From the government point
of view - the photos are available online, they are free, they are no
longer under copyright and they welcome everyone to uses it. Many people
are already using the photos on websites, Flickrs accounts and others
photos services - if the commons want to write his one rules
and interpretations, even when the WMF BOT and the WMF legal staff don't
fully support their steps - this is the commons and the movement problem to
handle - not the government that have many others issues to handle, as this
is not easy to reach and implement decision - and it rellevent to
every government in the world. They are not working for us.



On Sun, Jun 22, 2014 at 2:57 PM, Jeevan Jose jkadav...@gmail.com wrote:


 https://he.wikipedia.org/wiki/%D7%A7%D7%95%D7%91%D7%A5:%D7%AA%D7%92%D7%95%D7%91%D7%AA_%D7%9E%D7%A9%D7%A8%D7%93_%D7%94%D7%9E%D7%A9%D7%A4%D7%98%D7%99%D7%9D_%D7%91%D7%A2%D7%A0%D7%99%D7%99%D7%9F_%D7%96%D7%9B%D7%95%D7%99%D7%95%D7%AA_%D7%99%D7%95%D7%A6%D7%A8%D7%99%D7%9D.jpg

 Such a statement from GOI can't override US copyright law for all works
 originated from Israel. (as Geni said above)

 But one thing they can do. They can make a statement that they have no plan
 to claim copyright for Govt works per URAA in USA. So all the works of
 Israel will become PD in USA too when they become PD in Israel.

 I think this is the opinin expressed by  Carl Lindberg at

 https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright/Archive/2014/04#New_URAA_policy_and_the_rule_of_the_shorter_term

 Jee


 On Sun, Jun 22, 2014 at 4:49 PM, Fæ fae...@gmail.com wrote:

  On 22 June 2014 12:08, Craig Franklin cfrank...@halonetwork.net wrote:
  ...
   parody/satire angle, my understanding is that a CC licence does not
   extinguish things such as moral rights that are not related to
 copyright.
 
  This is fundamentally misleading. Please refer to
  https://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29
 
  If you have not read up on IP law, or are confused about copyright
  terms, I suggest having the discussion on-wiki rather than on an email
  list, where corrections like this either get skipped, leading to later
  readers thinking that these are factual statements, or we end up
  repeating basic copyright law endlessly.
 
  Thanks,
  Fae
  --
  fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae
 
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Yann Forget
Hi,

2014-06-22 16:00 GMT+05:30 Tomasz Ganicz polime...@gmail.com:
 It is a bit crazy :-) The use to be copyright holder of these files is
 Israeli goverment. But according to the goverment it does not claim
 any copyrights as it clearly stated that the these files are not
 copyrightable, and it is no longer copyright holder. One can have an
 assumption that next Israeli government may change its mind. But the
 government can change the mind even if it releases these pictures
 under CC-0 waiver. In most jurisdictions the licenses can be revoked
 and the non-revocable clauses in CC and GNU/FAL licenses have no any
 legal value.

 I mean the absolute attitude of Commons towards copyright  freedom of
 media hardly make any sense in most jurisdictions. It ignores many
 facts and is sticked to some others without clear reasons. This not an
 absolute as in absolute terms there is no any single media about which
 one can say it is free globally with 100% certainty, and also it is
 not any practical attitude really preventing our re-users from legal
 problems, as we mainly ignore non-copyright legal issues. This is
 rather a derivative of long discussions on Commons which are subject
 of group thinking syndrome, which made some arguments kind of dogma .

Yes, good point, and that's exactly what I am saying all the time. ;oD
Nevertheless a number of admins and non-admins on Commons still insist
that every files on Commons should be free globally with 100%
certainty.
I think this is a poor understanding of how copyright law works.

 2014-06-22 12:07 GMT+02:00 Andre Engels andreeng...@gmail.com:
 So you want them to have a letter You are allowed to use these images that
 you are allowed to use but if the letter says that the reason that they're
 allowed to use it is that they are allowed to use it, it is not valid.

 Shouldn't we be welcoming free content rather than inventing far out
 reasons to think why they maybe in some way are not free and thus delete
 them?

Yeah. I think we need to assume good faith, even from the Isreali
government. ;oD

Anyway, I think that the matter was handled very poorly by Russavia,
who started the deletion request.
As I said there, a request to the IDF could have been sent before, and
the DR open only later if a negative answer is received.

Regards,

Yann

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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread Russavia
Craig, et al

On Sun, Jun 22, 2014 at 7:08 PM, Craig Franklin cfrank...@halonetwork.net
wrote:
 Russavia,


  I'm a bit confused though about the
 parody/satire angle, my understanding is that a CC licence does not
 extinguish things such as moral rights that are not related to copyright.

Sorry, I should make myself more clear -- sometimes it's easy to forget
that people may not be thinking on the same level as oneself.

If an image is out of copyright in Israel, but still has copyright
protection in the US due to URA, lets say one was to parody/satirise that
work in the US, and let's say they sell that work for profit.

Whilst parody and satire are covered under the 1st amendment in the US, the
Israeli government could invoke the copyright protection in the US of that
work to stop its distribution. And it's an argument that would work.[1]

This is why it is required for the Israeli government to state clearly that
when an Israeli government work falls into the public domain it
relinquishes it's copyright over those works worldwide, and for this to
cover both past (required due to URAA), present and future cases
(preferable). If that doesn't occur, then Commons won't be able to host
those materials until they fall out of copyright in the US due to the
rejection of the loosening of the PRP policy, and by extension the URAA
RfC, on Commons.[2]

 But, I guess what I'm trying to get at, is that if these images *are*
 useful, a more productive course of action than arguing about it on a
 mailing list would probably be to identify what steps can be taken in good
 faith to move them from a disputed copyright situation to a situation
where
 everyone is comfortable that there are no problems with re-use.

On this point I agree entirely. WMIL now has an ally, the Ministry of
Education, I hope they use it to their advantage.

Cheers

Russavia

[1] http://en.wikipedia.org/wiki/Barack_Obama_%22Joker%22_poster
[2]
https://commons.wikimedia.org/w/index.php?title=Commons:Review_of_Precautionary_principlediff=127184893oldid=126836923
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Re: [Wikimedia-l] Lets delete everything from commons (was The tragedy of Commons)

2014-06-22 Thread ???

On 22/06/2014 17:10, Itzik Edri wrote:

Many people
are already using the photos on websites, Flickrs accounts and others
photos services



They had better not be using them on flickr accounts as flickr may 
delete the entire account, for infringing the flickr and Y! TC. The 
issue being that flickr accounts should only contain material that the 
photographer has taken themselves, there is some leeway for old family 
photographs. Accounts that contain material that has been hoover up from 
around the web tend to get deleted.


https://www.flickr.com/help/guidelines/

That includes material that is CC'd and also material where the photog 
has given explicit permission. The issue is that on flickr there are 
many places where a copyright notice is added that references the 
account. So if Fred Bloggs uploads John Doe's photograph, it will 
falsely be attributed as Copyright Fred Bloggs this attribution 
violates all CC licenses.





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