Yes, but I would want to see the ND license *and* the old fair-use
rationale side-by-side for the image.
Premise:
non-free and fair-use >= non-free or fair-use
Conclusion:
ND and fair-use >= ND or fair-use
(I really wish I had the resolve to shut up until the board considers
this issue.)
Andre Engels wrote:
2007/2/8, David Strauss
<david(a)fourkitchens.com>om>:
And what
about ND images? If there is an image that is fair use on a
page,
and the rationale is strong enough to allow me to
use it, then surely I
would be allowed to use an ND image at the same place.
Yes, because fair use is
tangential to licensing. If you have a good
fair-use rationale for an image, then you may use it under fair use.
Having the additional option of a no-derivatives license does not
infringe on that right.
Sorry, I don't think I made my point clear. What I meant was:
"If there is a Wikipedia page with a fair use image, and the presence of
that fair use image is (because of a strong enough fair use rationale) no
impedence to further copying of the Wikipedia page, then having an ND image
instead of the fair use one would definitely not be an impedence. Yet
including the image as fair use is allowed, but including the ND image is
not.