[Foundation-l] Clearing up Wikimedia's media licensing policies (some important points)

Gregory Maxwell gmaxwell at gmail.com
Thu Feb 8 16:21:24 UTC 2007

On 2/8/07, Claudio Mastroianni <gattonero at gmail.com> wrote:
> It's starting to be tiring.

Here we agree.

> I *do* think that is utterly stupid to make a not-existent
> distinction between the freedom of a permission image and a fair use
> image. Cause they're similarly unfree. Worst: it seems that fair use
> images are less free than permission images.

You are incorrect.   For example, If I fork Wikipedia I must instantly
delete every single with permission image, but I would be no worse off
than Wikipedia in keeping fair use images.  Surely someone who so
frequently screams about the foundation can appreciate the importance
of the right to fork? :)   Of course this is only one situation out of
a great many where 'permission' is not as good as a reasonable fair
use claim.

> Second.
> Your references to an italian law was uncorrect.

I am reasonably confident that it is not.

I hope, we will make our decisions based on reasoned thought and
research, and not based on who can scream the loudest.  To that end,
wouldn't it be better if we did as suggested and sought guidance from
experts on how best to set the policy for itwiki?

Please stop to consider for a moment:  In no way does the board only
allowing image which would be fair use/fair dealing preclude itwiki
from getting permission.

Lets assume for a moment that under Italian law, there is no exception
for excerpting for education.  So, itwiki does not permit this
exception.  Instead, itwiki users will go obtain permission.  This is
fine, you can continue to do this, the foundation already said you may
be more restrictive than they require and many projects already are.
However, even with permission you may still only submit images which
the rest of the world, which has the concept of fair dealing, could
use as fair dealing.  This ensures that itwiki are not getting
non-free permission for images which we could easily create as free
works ourselves, and it ensures that the work is maximally free.

Why does this make you mad? What do you think you are losing?

All I can see is itwiki losing images which are non-free and could be
replaced with free ones... and that is a gain for everyone.

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