I think the equity you're suggesting is harmful.
The English Wikipedia's policy on fair use freely admits that fair-use media is inferior to free media. But if people in Italy can't publish under the fair-use exception, that doesn't give the Italian Wikipedia justification to use non-commercial media.
Allowing non-commercial media doesn't fill the gap in content that Italian law creates by banning fair use. It just seems vindictive.
Let's say we're both pastry chefs. I'm baking a pie. Even though I'm against using saturated fats, I know that the final touch of flaky crust requires a bit of shortening. So I compromise.
Now, let's say your bakery has a policy against using shortening. It would be irrational for you to go back to your kitchen and start using margarine loaded with trans-fats just because I'm using shortening and you can't. You just end up -- nothing gained -- with an unhealthy pie.
senpai wrote:
The problem is, that, some people here in ML, said that we can't use not free images. A picture that is PD only in the italian territory is, for some persons that have writed here, not free. The only thing that is important to me is the equity by the different language projects. If en.wiki can use the fair use images (that are not free) we must can use the "authorized" images and the CC-NC.
Senpai
----- Original Message ----- From: "Ray Saintonge" saintonge@telus.net To: "Wikimedia Foundation Mailing List" foundation-l@lists.wikimedia.org Sent: Monday, January 15, 2007 2:23 AM Subject: Re: [Foundation-l] Board meeting in Rotterdam later this week
senpai wrote:
May be they cant' be so much thing in other country... but they can be in italy. I don't know if u know well or not the basics rules of procedural penal "civil law" system. In genral... if an italian people upload some images (like the one that u have take for the example) on commons, and that images must have an authorization, is not important if the commons servers are in florida or in italy or in another country, the italian people is under the italian penal law. Idem if an american people upload that images on commons and an italian people use this images.... U can't upload somthing with "PD" or CC-by (for example), on commons if not in all states u can use that materials. Commons, for that reason, had deleted all images that was tagged with "PD-Italy"... than... wich is the difference ?
Commons is a different project, and there is some sense to their stricter rules. Unless I misunderstand something "PD-Italy" means that it is in the public domain in Italy. (Has Italy accepted for copyrights to last for life + 70 years, like the rest of the EU, or is it still life + 50?) If it is in the public domain in Italy I don't see why you can't just upload it directly to it:wp instead of putting it into commons. If Italian law does not allow you to photograph a painting by Botticelli in the museum in Florence this has nothing to do with copyright, but is something else.
For other thing... i qoute Snowdog, if u want a free wikipedia, REALLY free... ok u have to abandon the fair use, and we will abandon all not free images.
I think that many people will not accept that because they see it as some kind of blackmail. What the Italian language project does, and what the English project does have nothing to do with each other. In Mexico copyrights last for 100 years after a person's death. Keeping everyone back because one country has such a longer term makes no sense.
Ec
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