On 7/21/06, Oldak Quill <oldakquill(a)gmail.com> wrote:
Aren't the images are still stored in Florida so
are covered by US
law? Why is German law at all considered?
:)
Indeed.
Because the uploader is in Germany.. It's messy.
It's not a problem because these images are likely legal in the US.
Legally
Wikimedia is likely okay because these works would easily be
considered fair use... But they aren't free content when used in the
capacity... but use adds a whole extra dimension the people would
rather ignore.
To be OK don't we have to attach a fair use rational to these photographs?
The law doesn't require us to attach a fair use rationale. Policy on
enwiki does. It would be required, were we ever to use fair use as a
defense (it's not a permission it's a defense), that we provide a
rationale... Doesn't mean the image must have one now.
So long as we don't run into an image which would likely be illegal in
the US but is legal in De, I don't think it's worth dealing with this
mess. :)