[Foundation-l] Fair use images

[Gregory Maxwell]

On 3/10/06, Anthony DiPierro <wikilegal at inbox.org> wrote:
[snip]
> I'm suggesting that this be the policy, of course.  That ND images
> only be used in situations where there is no free alternative, i.e.
> the situations where fair use is supposed to be limited to right now.

Not where their can be no free alternative but where we haven't found one yet.
Fair use isn't a license to liberally violate copyright, "We don't
have one yet" isn't a valid excuse to claim fair use. Or, more
clearly, it is necessary but not sufficient.

> I never suggested replacing free images with non-free ones.

You want to make it possible for people who think they are helping
Wikipedia to submit unfree content where free content is possible.

> > The only people I've ever encountered that had interest in by-nd were
> > photographers I found on forums and nagged to come submit works to
> > wikipedia.
>
> Count me as a first, then.

And what content do you hold the copyright to that we currently use as
fair use... You claim that you only want us to use BY-ND where we use
fair use, so show me an example.

The goal of Wikipedia is to create a free content encyclopedia. By
deciding that you will only release your content under an unfree
license you are deciding not to help Wikipedia with its goals, at
least in the area of illustrations.  That okay, you are not obligated
morally or legally to help.   But don't lobby us to change the rules
so that you can claim, dishonestly, to be helping with our project.

We've grant our contributors attribution, we allow them to use the
GFDL and enforce it (strictly enforced the GFDL is annoying enough for
many common commercial uses that it's easy to get people interested in
commercial use to agree to an outside license),  .... and now you also
want us to allow you to submit content which no one down stream can
alter and damage your precious artistic vision. Give me a break, we
can go without your onerous requirements.

If we ever swallow a stupid pill and permit you to upload ND works
simply because we haven't found a more free image yet, I promise
replace every last one with a free image, even if I have to travel the
world to do it, just to piss you off.