[Foundation-l] RfC: Draft licensing policy resolution

[Erik Moeller]

In follow-up to previous discussion, here's the current draft of the
resolution for an official WMF licensing policy. We would appreciate
comments and suggestions.

This is a DRAFT and not an invitation for any unusual deletion
actions, nor an official announcement of any kind. :-)

==Applicable definitions==
; Project
: the combination of a Wikimedia Foundation project, such as Wikipedia
or Wikisource, and a language.
; Free License
: a license which meets the terms of the ''Definition of Free Cultural
Works'' specific to licenses, as can be found at
http://freedomdefined.org/Definition version 1.0.
; Exemption Doctrine Policy (EDP)
: a project-specific policy that, in accordance with United States law
and the law of countries where the project content is predominantly
accessed (if any), recognizes the limitations of copyright law
(including case law) as applicable to the project, and permits the
upload of copyrighted materials that can be legally used in the
context of the project. Examples include:
http://en.wikipedia.org/wiki/Wikipedia:Fair_use and
http://pl.wikinews.org/wiki/Wikinews:Dozwolony_u%C5%BCytek

==Resolution==

Whereas the mission of the Wikimedia Foundation is to "empower and
engage people around the world to collect and develop educational
content under a ''free license'',"
# All projects are expected to host only content which is under a Free
License, or which is otherwise free as recognized by the Definition
referenced above.
# In addition, with the exception of Wikimedia Commons, each project
community may develop and adopt an EDP. Non-free content used under an
EDP must be identified in a machine-readable format so that it can be
easily identified by users of the site as well as re-users.
# Such EDPs must be minimal. Whenever possible, content used under an
EDP should be replaced with a freely licensed work if it carries
equivalent information content. Media used under EDPs are subject to
deletion if there is rough consensus that they lack an applicable
rationale. They must be used only in the context of other freely
licensed content, and may not be arranged in galleries.
# For the projects which currently have an EDP in place, the following
action shall be taken:
#* As of February XX, 2007, all new media uploaded under unacceptable
licenses (as defined above) and lacking an exemption rationale should
be deleted, and existing media under such licenses should go through a
discussion process where it is determined whether such a rationale
exists; if not, they should be deleted as well.
# For the projects which currently do not have an EDP in place, the
following action shall be taken:
#* As of February XX, 2007, any newly uploaded files under an
unacceptable license shall be deleted.
#* The Foundation resolves to assist project communities in need of an
EDP in the process of developing it. The General Counsel is directed
to coordinate this process.
#* By February XX, 2008, all existing files under an unacceptable
license must either be used under an EDP, or shall be deleted.


-- 
Peace & Love,
Erik

DISCLAIMER: This message does not represent an official position of
the Wikimedia Foundation or its Board of Trustees.

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