I probably know what images we are talking about here. I believe the
closing admins' arguments also include that by uploading those images to
Flickr, those actress would have already given consent?
Best regards,
[[User:Bencmq]] / Benjamin Chen
On Sun, Mar 11, 2012 at 12:20 PM, Techman224 <techman224(a)techman224.com>wrote;wrote:
Would you mind posting this on wiki so that everyone
there can comment
about this. Not many on wiki users subscribe to this list.
Thanks,
Techman224
On 2012-03-10, at 10:03 PM, Andreas Kolbe wrote:
Last year, the Wikimedia Foundation Board
published the following
Resolution:
---o0o---
The Wikimedia Foundation Board affirms the value of freely licensed
content, and we pay special attention to the provenance of this content.
We
also value the right to privacy, for our editors
and readers as well as
on
our projects. Policies of notability have been
crafted on the projects to
limit unbalanced coverage of subjects, and we have affirmed the need to
take into account human dignity and respect for personal privacy when
publishing biographies of living persons.
However, these concerns are not always taken into account with regards to
media, including photographs and videos, which may be released under a
free
license although they portray identifiable living
persons in a private
place or situation without permission. We feel that it is important and
ethical to obtain subject consent for the use of such media, in line with
our special mission as an educational and free project.* We feel that
seeking consent from an image's subject is especially important in light
of
the proliferation of uploaded photographs from
other sources, such as
Flickr, where provenance is difficult to trace and subject consent
difficult to verify.*
In alignment with these principles, the Wikimedia Foundation Board of
Trustees urges the global Wikimedia community to:
- Strengthen and enforce the current Commons guideline on photographs
of
identifiable
people<
http://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people
with
the goal of requiring evidence of consent from the subject of media,
including photographs and videos, when so required under the
guideline. The
evidence of consent would usually consist of an
affirmation from the
uploader of the media, and such consent would usually be required from
identifiable subjects in a photograph or video taken in a private
place.
This guideline has been longstanding, though it
has not been applied
consistently.
- Ensure that all projects that host media have policies in place
regarding the treatment of images of identifiable living people in
private
situations.
- Treat any person who has a complaint about images of themselves
hosted
on our projects with patience, kindness, and
respect, and encourage
others
to do the same.
Approved 10-0.
---o0o---
Now, I am aware of a particular set of photographs on Commons, taken in a
private situation. They were taken from Flickr by an anonymous
contributor
and uploaded to Commons. The images are no longer
available on Flickr,
having been removed long ago.Over the past year, the photographer has
requested several times via OTRS that Commons delete these images. He
said
that the subjects could not understand how these
images of them ended up
on
Commons, and were aghast to find them there. They
were never meant to be
released publicly. According to the deletion discussions, OTRS verified
that the person making the request was indeed the owner of the Flickr
account.
Yet Commons administrators have consistently, through half a dozen
deletion
discussions, refused to delete the images,
disregarding the objections of
isolated editors who said that hosting the images in the clear absence of
subject consent runs counter to policy. Closing admins' argument has been
that licenses once granted cannot be revoked.
Yet according to the above resolution, Commons should not be hosting
these
images. Not only was consent not obtained – an
endemic situation – the
images are kept even though consent has been expressly denied.Why are
these
images still on the Wikimedia Foundation server?
I am happy to pass further details on to any WMF staff, steward or
Commons
bureaucrat who is willing and able to review the
deletion requests and
OTRS
communications, and remove the images
permanently. Andreas
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