AFAIK, the WMF exposes itself in US law by hosting and publishing files from a Florida site (I'm not sure what responsibility the chapters may have, but I don't think Commons is related to any of them). They simply have the right to protect themselves by requiring that all hosted files be ok according to US copyright law, it sounds quite reasonable to me.
Eusebius

Michael Peel a écrit :
The WMF is accepting my files? I thought that they were simply  
providing a service, and it was the community at large that was  
accepting the files. ;-)

That said, the formal side of Wikimedia is not just the WMF. We have  
a growing network of chapters around the world, who are legally based  
in different countries (disclaimer: I'm on the board of of Wikimedia  
UK, which is an independent organization in the UK). Some of these  
might be able to host such a service as I proposed - e.g. Wikimedia  
Deutschland already runs the Toolserver.

Mike

On 9 Feb 2010, at 10:28, Eusebius wrote:

  
Maybe there is nothing preventing you from uploading from UK, but  
the US copyright law prevents the WMF from accepting your files, no?
Eusebius

Michael Peel a écrit :
    
That's a valid point, but I'm coming at it from different  
direction: works that are public domain in the country of origin  
but not in the US. I don't view that as gaming the copyright  
system, as I'm based in the UK and I don't view Wikimedia as an  
American website/set of projects. If a UK photographer's works are  
public domain in the UK but not in the US, there shouldn't be  
anything stopping me uploading them to (some variant of) Commons  
and tagging them as life+70 but not US-PD. Mike On 9 Feb 2010, at  
09:00, Rama Neko wrote:
      
We do not game copyright laws in this way. You can see an example  
with Heinrich Hoffman's photographs: the USA consider them to be  
in the Public Domain in apparent disregard for international law  
on copyright; these photographs are protected by copyright in  
Germany, where they are the object of very proprietary  
publications. The policy on Commons is that we do not accept such  
images. -- Rama On 09/02/2010, Michael Peel <email@mikepeel.net>  
wrote:
        
On 8 Feb 2010, at 23:05, Ken Arromdee wrote:
          
This is also a particular problem with pictures of living  
people, since we've been told that since it's *possible* to  
take another picture of a living person, all non-free images of  
living people are prohibited. The official way of interpreting  
"it's possible to" takes no consideration of just how possible  
it is. In any other context this would be considered rules- 
lawyering-- we're basically officially rules-lawyering our own  
policies.
            
Personally, I think we should remove all non-free images from  
all language Wikipedias (and everywhere else they occur) - as  
they make it difficult to get freely licensed content off people  
that already have that content. Case study: I emailed ESA to ask  
for a photograph of a satellite to use in an article; they  
provided a 200 pixel image I could use as 'fair use' in return.  
In the past, we weren't big enough to have any leverage to get  
that content released - but now we are, and we could have that  
leverage if we want to take advantage of it. However, that is  
somewhat separate from the question of images that are in the  
public domain _somewhere_. It is somewhat crazy that US laws  
dictate what public domain materials you can upload to Wikipedia  
etc - irrespective of what laws apply in your own country.  One  
possibility that might be worth investigating is something like  
Wikilivres - which holds books that are out of copyright in  
Canada (life+50 years) but not in the US. It can do that as its  
servers are based in Canada. Could we do something similar with  
Wikimedia Commons? i.e. host multimedia content on a server in a  
different geographical area, and then have that linked in with  
Wikipedia in the same way that Commons currently is? There  
shouldn't be any concerns about having thumbnail images of these  
works on Wikipedia, as these are all done under fair use anyway  
(e.g. all of those uncredited CC- BY-SA images...). Mike  
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