Gregory Maxwell:
The stock.xchng site rules (which presumably the uploader and downloader have both read) states that "1. Selling and redistribution of these photos (individually, or as a whole) without written permission is prohibited. Using the photos in website templates, on postcards, mugs etc. doesn't count as selling or redistribution, however you are not allowed to build a gallery using the photos you downloaded from here." so when a user indicates that there "are no usage restrictions" it would appear quite clear that they are speaking in terms of condition 1 on the website.
No, this is not clear at all. In fact, the upload form contains no link to the terms of service; it links to http://www.sxc.hu/info.phtml?f=license which says nothing at all about any further restrictions. When I upload a file, I get a dropdown:
usage rights [no restrictions ] contact me contact me and credit me written permission needed
This is the only grant that takes place. For the purposes of Wikimedia, we have always considered {{CopyrightedFreeUse}} to allow for distribution.
Even if you disagree that usage and redistribution are distinct, the terms on the stock.xchng website make it quite clear that the licensesor of the works considers them distinct for the purpose of establishing your rights to redistribute his works.
Not at all. For example, the TOS also state
"You are not allowed to use these images to promote adult oriented and dating services."
This is clearly a restriction on *use*, even if the uploader specifies no usage restrictions. The TOS contradict the copyright holder's own explicit assignment. They are irrelevant. (It is also quite likely that they were written before sxc.hu had a usage rights dropdown, as this was only added in version 4 of their software.)
Wikipedia has grown past the point where we need to rely on grey legality images,
I do not consider this grey at all, and nor does the vast majority of the Wikimedia Commons community, including Villy, who is a judge and also provides legal advice to Wikimedia. However, if an sxc.hu uploader feels that one of their images is improperly used, then we will of course take that into account.
Erik