Guys,
I initially emailed Mike Godwin about this, thinking that in his capacity as
legal counsel, and with his many, many years of online experience, he could
perhaps help in getting this resolution amended, or cut the gordelian knot
that it has placed on the Wikinews project.
My key concern is the retroactive application of this policy, and how this
impacts the Wikinews project. The resolution itself seems eminently sensible
and reasonable for a project such as Wikipedia where the goal is to provide
as current as possible an encyclopedia article and the project can live
without an image, or supersede a less-than-free image at some point in the
future. Yet, with Wikinews, I believe it has a seriously detrimental effect.
Our project has a policy of fully protecting - effectively archiving - any
article older than seven days. We document history as it happens, and even
when we are wrong the most we are about to do is append a correction. I
would like to think this attitude could, over time, garner us more respect
than many mainstream sources who will simply "vanish" things out of their
archives to avoid being seen as having made a mistake.
In any case, the issue at point is images. One contributor has taken it upon
himself to unilaterally apply the resolution, knowing full-well that it has
widespread opposition within our community. I do not doubt that there were a
number of images within those deleted that should have gone quite some time
ago due to a lack of adequate fair use rationales and the like, but with so
many deleted it is very difficult to establish what has been reasonably
deleted, and what could have been salvaged.
One of my primary concerns is that this resolution was drafted whilst only
thinking of the Wikipedia project, and not taking into account the special
operating circumstances and needs of smaller projects - such as Wikinews.
Had the resolution contained an exemption clause for Wikinews that made it
effective from a specific date, I would not have found myself in the
position where I seriously considered nominating a fellow administrator for
desysopping due to unilateral implementation of the resolution. I avoided
doing so after raising the issue on our project's "Water Cooler" as it
would
have been overly divisive, and venting there calmed me down enough to not
cause that much disruption to the project.
Moving on from that, I would like to discuss the possibility of the
resolution being amended to take into account the special needs of Wikinews.
Whilst Wikipedia can work from a very principled position where - if someone
is still alive - you do not use a non-free image of them, this is not
reasonable for Wikinews. As an example, if a popular pop star goes off the
rails and gets their head shaved, it would be wholly inappropriate to use an
older file photo of them with flowing locks, or wait six months until
someone snaps them at a press conference with their camera phone (after the
hair has grown back). I am sure that you will all be able to see from this
example, and others it might prompt you to dream up, that news has its own
special needs.
I would welcome the opportunity to open a dialogue on this, although I
appreciate it is an eleventh-hour appeal against this resolution.
Brian McNeil
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Brian -
the resolution was drafted by the Board; Mike & I have no power to
modify it. And yes, your appeal is an 11th-hour-one, the deadline for
deletion of materials outside the licensing policy is Sunday. So,
really, nothing will change until then.
Deleted images are still accessible to admins. I think you should simply
- mark any deleted resources as such in the archived story, indicating
that an image originally contained in the article was removed for
copyright reasons.
- have an extended period of admin review of the deletions to restore
any images that did qualify under the licensing policy.
As for specific Wikinews guidelines: I don't think they're needed - I
simply think you guys need to be more flexible in interpreting the
policy. It's not as rigid about what is and isn't fair use as you
might think; while it gives specific examples of legitimate uses, you
can easily argue that these are Wikipedia-centric examples, and that
your guidelines are developed based on the specific needs of a news
website.
In other words, the likelihood that the Board is going to tolerate a
flexible interpretation of its policy is fairly high; the likelihood
that it would modify its policy to accommodate your specific needs is
low.
--
Erik Möller
Deputy Director, Wikimedia Foundation
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