Erik Moeller wrote:
While I respect Brad's opinion very much, we need to be very careful that "because I've spoken to Wikimedia's lawyer about it" does not become equivalent to "end of discussion". The only question is where, and with whom, such discussion should take place. I think wikien-l or DRV are good places to start in most cases.
This is the situation I'm getting concerned about here. I don't really care about the specific image or its subject myself, I stumbled into this completely by chance, but I am a little disturbed by how much careful and detailed work went into justifying its inclusion only to be trumped with completely unsupported "the artist doesn't like it" and "the Foundation lawyer doesn't like it" assertions. How am I supposed to know what's valid fair use under these circumstances?