I concur with WASs appraisal of the situation, and agree that the policy
sounds like it needs to be formalized -- or if it already exists and was
merely flouted, that that situation needs to be cleared up.

I specifically concur that a complaint ought to be necessary.

Cheers,
-- jra

----- Original Message -----
> From: "William Allen Simpson" <[email protected]>
> To: "Wikimedia developers" <[email protected]>
> Cc: "Wikimedia Foundation Mailing List" <[email protected]>, 
> [email protected]
> Sent: Saturday, November 12, 2011 9:11:08 AM
> Subject: [Wikitech-l] Overzealous Commons deletionists
> I've noticed a problem with overzealous deletionists on Commons. While
> this may be something of a legal and political issue, it's also
> operational and affects multiple *[m,p]edias at the same time.
> 
> I've spent some time over the years convincing public figures that we
> need official pictures released for articles, rather than relying on
> fan (or publicity or staff) produced pictures. Because of my own
> experience in the academic, computing, political, and music
> industries,
> I've had a modicum of success.
> 
> I also ask them to create an official user identity for posting them.
> Since Single User Login (SUL), this has the added benefit that nobody
> else can pretend to be them. From their point of view, it's the same
> reason they also ensure they have an existing facebook or linkedin or
> twitter account.
> 
> This week, one of the commons administrators (Yann) ran a script of
> some sort that flagged hundreds of pictures for deletion, apparently
> based on the proximity of the word facebook in the description. There
> was no time for actual legal analysis, at a rate of more than one per
> minute. The only rationale given was: "From Facebook. No permission."
> 
> https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Sharon_Aguilar.jpg
> 
> In this case, timestamps indicate the commons photo was posted before
> the facebook photo, and the facebook version is somewhat smaller, so
> there's not even the hint that it was copied "From Facebook." Besides,
> many public figures also have facebook accounts, so it shouldn't
> matter
> that a photo appears in both places.
> 
> A bot posted a link to the notice on the en.wiki talk page that used
> the photo, where in turn it appeared in my watchlist.
> 
> Then, despite my protest noting that the correct copyright release was
> included, the administrator (Yann) argued that "The EXIF data says
> that
> the author is John Taylor. The uploader has another name, so I don't
> think he is allowed to decide a license."
> 
> That appears to be post-hoc explanation, as the facebook one obviously
> wasn't applicable. Self-justifying strawman argument.
> 
> In this case, as is usual in the most industries, the *camera* owner
> appears in the EXIM file. A public figure who pays the studio for
> headshots owns the picture itself. The photographer would need the
> public figure's permission to distribute the photo!
> 
> After pointing out the nomination didn't even remotely meet the
> deletion policy nomination requirements (that I cited and quoted),
> this
> administrator wrote: "I see that discussion with you is quite
> useless."
> 
> Then, minutes later, another administrator, Béria Lima, deleted the
> photo without waiting for the official 7 day comment period to expire.
> That indicates collusion, not independent review.
> 
> There are a number of obvious technical issues. YouTube and others
> have had to handle this, it's time for us.
> 
> 1) DMCA doesn't require a takedown until there's been a complaint. We
> really shouldn't allow deletion until there's been an actual
> complaint.
> We need technical means for recording official notices and appeals.
> Informal opinions of ill-informed volunteers aren't helpful.
> 
> 2) Fast scripting and insufficient notice lead to flapping of images,
> and confusion by the owners of the documents (and the editors of
> articles, as 2 days is much *much* too short for most of us). We need
> something to enforce review times.
> 
> 3) Folks in other industries aren't monitoring Talk pages and have no
> idea or sufficient notice that their photos are being deleted. The
> Talk mechanism is really not a good method for anybody other than very
> active wikipedians. We need better email and other social notices.
> 
> 4) We really don't have a method to "prove" that a username is
> actually
> under control of the public figure. Hard to do. Needs discussion.
> 
> 5) We probably could use some kind of comparison utility to help
> confirm/deny a photo or article is derived from another source.
> 
> If there's a better place to discuss this, please indicate.
> 
> _______________________________________________
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-- 
Jay R. Ashworth                  Baylink                       [email protected]
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com         2000 Land Rover DII
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274

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