On 5/19/06, Alphax (Wikipedia email) <alphasigmax(a)gmail.com> wrote:
Ok, it was an OTRS action. Close enough.
No it isn't.
I can't reveal the exact details, but "fair
use" most definately did
*not* apply. The image was a copyvio.
All fair use images are copyvios. That is irrelivant. the question is
how good is the fair use case. In this case the answer is pretty good
(remeber the author of the photo probably can't market the photo with
the O RLY? on it because he is unlikely to own the copyright to that
particular derivative work) thus the image has zero comercial value to
The large O RLY? printed acrosss the image makes it pretty much
useless for it's original perpose in any case.
The way we are using it is informative.
I'm not totaly convinved by the original amount and substantiality
claim but it would be trivial to reduce the image size to improve that
In short if you think that fair use claim is weak then the number of
legit fair use claims on wikipedia could probably be counted on the
fingers of one head.