Hi,

2014-06-17 15:07 GMT+05:30 Lodewijk <[email protected]>:
> Hi Yann,
>
> While we can have a different discussion about methods used and tone
> applied, if I understand correctly the core argument/discussion point here
> is the question whether US law applies to Commons or not; more
> specifically: whether a picture that is (likely?) not in the Public Domain
> in the US, but is in the public domain in its 'source country' should be
> considered 'free' or not.

No, the issue is not US law. The issue is the ridiculous requirements
coming from some contributors.

The issue is that these contributors use the US law as a pretext
asking for deletion again and again, when there is no reason to doubt
that they were published. Looking at their demands, it seems that they
would ask anything based on any law.

> This is a returning discussion, and I'm always confused what exactly the
> answer is to that. The discussion is equally valid for any content project
> actually - all being hosted in the US. It would be good to have a more
> fundamental answer to it, and then follow it.
>
> Whether or not the nominating account is a 'delete only' account etc. is
> less relevant to this discussion. The core question remains the same. It is
> a bit technocrat, I know.

The same user first argue for deletion because of URAA, and when it
was not successful, ask again for deletion using another reason.
Actually, this account does not produce anything useful. The only
contributions are requests for deletions on controversial cases like
this one.
Looking for real copyright violations is useful, but arguing again and
again on borderline cases is not.

> I thought this question was already put for the WMF legal team as a
> question, but I wasn't able to find so quickly whether a useful reply
> resulted from that consultation.
>
> Lodewijk

Regards,

Yann

> 2014-06-17 1:34 GMT+02:00 Yann Forget <[email protected]>:
>
>> 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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