From a common-sense perspective, Pete, I'd say that
if the image was taken
in a private place, shows an identifiable person, and that
person does not
give permission for us to be using their likeness, it should be a
no-brainer that we don't have the right (ethically, at least, in light of
the board resolution) to continue using their photo in defiance of that. So
a "good outcome" to my mind would have been asking the person to verify
that they are who they say they are, and if that checks out, deleting the
image. "In scope", which is the content of the actual close there, is
pretty much a non-sequitur (and is yet another example of why Commons
adminning is sometimes viewed as completely...shall we say tone deaf?...to
actual concerns about images), as it fails to address that issue.
Or, to tl;dr it: As far as I'm concerned, if the person had an expectation
of privacy and didn't consent to public distribution of their image, it
doesn't matter whether it's their breasts or just their face that's
featured - we should not be hosting it.
-Fluff
On Fri, May 10, 2013 at 10:23 AM, Pete Forsyth <peteforsyth(a)gmail.com>wrote;wrote:
I think it's easier to discuss the challenges
associated with the board
resolution in question, if we can leave aside the question of nudity for a
moment. Here is a simple example of an ordinary portrait taken in a
(presumably) private setting in a library:
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Karen_Stol…
The subject of the photo (as far as we know) explicitly stated she did
*not* give consent. But the closing administrator didn't consider that
compelling enough.
What would be a good outcome in this case?
And, more generally, how can resolution language be structured in a way
that best achieves desirable outcomes, and doesn't have undesirable ones?
That's the core question here, and the way this discussion is heading isn't
getting us closer to an answer.
Pete
[[User:Peteforsyth]]
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