[Foundation-l] precisions about the recent WMF "fair use" decision

rfrangi at libero.it rfrangi at libero.it
Mon Feb 12 00:37:10 UTC 2007

< David Strauss wrote:

> Not only do I agree, but I believe a similar issue surrounds fair use. 
> Accusations of U.S. centrism are indefensible when they're based on 
> restrictive laws in non-U.S. countries.
> Now, that doesn't mean there aren't practical advantages to 
> accommodating other countries' needs, but the lack of doing so is hardly 
> "U.S. centrism."

You see, when we decided to accept images "used with permission" and or with the NC clause, it was done for the very same reasons on en.wiki copyrighted material is used claiming fair use. This is our workaround for not being able to claim fair use, in fact, you will notice that there are cases in which the same image appears on en.wiki with the fair use template and on it.wiki with the "used with permission" or NC template. 

That's the reason why, when we are told we should remove those images, but on en.wiki fair use is just ok, people get pissed and obviously talks about U.S. centrism.

In this thread someone said that renounce to fair use would be  an intollerable limitation to the freedom of speech. The way we use NC and "used with permission" images is by any respect equivalent to the way you use copyrighted material claiming fair use. 

So in the end having to phase out those images, for us, is an intollerable limitation to our freedom of speech.

Roberto (Snowdog) 

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