On 19/12/2007, Michal Zlatkovsky lahcimit@gmail.com wrote:
Hello, after the Board approved the licensing policy (http://wikimediafoundation.org/wiki/Resolution:Licensing_policy in case anyone forgot :) ), we have written an EDP on Czech Wikipedia that allows us to use things like company logos under certain conditions (okay with US and Czech laws, ie. explicit permission needed; okay with GFDL, ie. can be nonderivative; no free image available; fair use-like rationale) and we've been using it for a while. However, I talked to pfctdayelise about our EDP today and her opinion is that the Foundation's licensing policy was targeted to "legal loopholes" like fair use or fair dealing - and as we don't have any such thing in the Czech Republic (and I'm pretty confident we don't, there have been numerous discussions about that), our EDP is invalid and we can't make any exception policy at all.
The Resolution says of an EDP: "a project-specific policy, in accordance with United States law and the law of countries where the project content is predominantly accessed (if any), that recognizes the limitations of copyright law (including case law) as applicable to the project, and permits the upload of copyrighted materials that can be legally used in the context of the project, regardless of their licensing status."
limitations of copyright law = cases where you can legally use something copyrighted regardless of the fact it is copyrighted, and without seeking permission. If there is no Czech fair use or fair dealing or similar, then it seems to me it's not possible to have an EDP.
What I understand from talking to Timichal - At the moment, they get permission, and then claim something fair-use-like anyway. My understanding is that if you're using something under a legitimate EDP, you don't need to get permission (from a copyright holder), because it is irrelevant. Maybe it is nice, but not necessary. So either they have a legitimate EDP and can stop bothering to get permission, or they don't have a legitimate EDP, and the material under it is non-free and should be deleted anyway.
cheers Brianna