[Foundation-l] PD-old images under restrictions

[Bryan Tong Minh]

Hello,
Following a deletion debate on Commons [1], we are left with the
problem whether or not Public domain images that are under other
restrictions, such as coats of arms, are allowed under the Foundation
Licensing policy. If I quote Erik Moeller, from another thread [2] on
the mailing list:

'[...]the licensing policy has been specifically formulated to avoid
that problem. It requires content to be under a Free Content License,
which is defined as "a license which meets the terms of the Definition
of Free Cultural Works _specific to licenses_".[...]'

However, since we are talking about public domain, this does not apply
for this image, since public domain is not a license. This means that
another section of the resolution applies:

'[...] or which is otherwise free as recognized by the 'Definition of
Free Cultural Works' as referenced above.'

Which is not the case, this specific image is under more restrictions;
see the deletion debate for details. Is this analysis correct? Or
should we just treat public domain as a "free content license"?

Bryan
(cc'd to commons-l)

[1] http://commons.wikimedia.org/wiki/Image:SilaTonga.svg
[2] http://lists.wikimedia.org/pipermail/foundation-l/2007-April/029468.html