[Foundation-l] Board meeting in Rotterdam later this week

David Strauss david at fourkitchens.com
Mon Jan 15 08:44:40 UTC 2007

I think the equity you're suggesting is harmful.

The English Wikipedia's policy on fair use freely admits that fair-use
media is inferior to free media. But if people in Italy can't publish
under the fair-use exception, that doesn't give the Italian Wikipedia
justification to use non-commercial media.

Allowing non-commercial media doesn't fill the gap in content that
Italian law creates by banning fair use. It just seems vindictive.

Let's say we're both pastry chefs. I'm baking a pie. Even though I'm
against using saturated fats, I know that the final touch of flaky crust
requires a bit of shortening. So I compromise.

Now, let's say your bakery has a policy against using shortening. It
would be irrational for you to go back to your kitchen and start using
margarine loaded with trans-fats just because I'm using shortening and
you can't. You just end up -- nothing gained -- with an unhealthy pie.

senpai wrote:
> The problem is, that, some people here in ML, said that we can't use not 
> free images. A picture that is PD only in the italian territory is, for some 
> persons that have writed here, not free. The only thing that is important to 
> me is the equity by the different language projects. If en.wiki can use the 
> fair use images (that are not free) we must can use the "authorized" images 
> and the CC-NC.
> Senpai
> ----- Original Message -----
> From: "Ray Saintonge" <saintonge at telus.net>
> To: "Wikimedia Foundation Mailing List" <foundation-l at lists.wikimedia.org>
> Sent: Monday, January 15, 2007 2:23 AM
> Subject: Re: [Foundation-l] Board meeting in Rotterdam later this week
>> senpai wrote:
>>> May be they cant' be so much thing in other country... but they can be in
>>> italy. I don't know if u know well or not the basics rules of procedural
>>> penal "civil law" system. In genral... if an italian people upload some
>>> images (like the one that u have take for the example) on commons, and 
>>> that
>>> images must have an authorization, is not important if the commons servers
>>> are in florida or in italy or in another country, the italian people is
>>> under the italian penal law. Idem if an american people upload that images
>>> on commons and an italian people use this images.... U can't upload 
>>> somthing
>>> with "PD" or CC-by (for example), on commons if not in all states u can 
>>> use
>>> that materials. Commons, for that reason, had deleted all images that was
>>> tagged with "PD-Italy"... than... wich is the difference ?
>> Commons is a different project, and there is some sense to their
>> stricter rules.  Unless I misunderstand something "PD-Italy" means that
>> it is in the public domain in Italy.  (Has Italy accepted for copyrights
>> to last for life + 70 years, like the rest of the EU, or is it still
>> life + 50?)  If it is in the public domain in Italy I don't see why you
>> can't just upload it directly to it:wp instead of putting it into
>> commons.  If Italian law does not allow you to photograph a painting by
>> Botticelli in the museum in Florence this has nothing to do with
>> copyright, but is something else.
>>> For other thing... i qoute Snowdog, if u want a free wikipedia, REALLY
>>> free... ok  u have to abandon the fair use, and we will abandon all not 
>>> free
>>> images.
>> I think that many people will not accept that because they see it as
>> some kind of blackmail.  What the Italian language project does, and
>> what the English project does have nothing to do with each other.  In
>> Mexico copyrights last for 100 years after a person's death.  Keeping
>> everyone back because one country has such a longer term makes no sense.
>> Ec
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