[Foundation-l] Licensing Policy

luke brandt shojokid at gmail.com
Fri May 25 18:17:43 UTC 2007

Klaus Graf wrote:

> I agree with en/Commons user Lupo who has, referring to the discussion at
> http://de.wikipedia.org/wiki/Wikipedia:Urheberrechtsfragen#Grundsatzfragen
> written:
> "Now, the problem is this: freedomdefined.org states that a "free"
> work "must not be covered by legal restrictions (patents, contracts,
> etc.) or limitations (such as privacy rights) which would impede the
> freedoms enumerated above." That would mean that we'd need to look
> beyond copyrights, and that the foundation's licensing policy did not
> consider COAs and the like "free" works, even if they were fine
> copyright-wise, because their use is often restricted by other laws.
> Ugh. Looks like the overarching "free culture" activism expressed at
> freedomdefined.org has some rather drastic and unpleasant consequences
> for us".
> There is a non exhaustive list of non-free content (content which can
> be used for any purpose) in the German Wikipedia at:
> http://de.wikipedia.org/wiki/Hilfe:FAQ_Rechtliches#Sind_alle_Inhalte_der_Wikipedia_unterm_Strich_frei.3F
> According to the free content definition we cannot show at commons
> (nor in the local branches without EDP):
> * pictures of living persons (because according to German law
> commercial use is only allowed with the content of the person AND it
> is strictly forbidden to manipulate pictures, decision of
> Bundesverfassungsgericht)
> * pictures of coat of arms which are used by an institution (because
> there are non-copyright-restrictions in all cases)
> *pictures of Geschmacksmuster-protected objects like cars
> *the Olympic rings
> http://commons.wikimedia.org/wiki/Category:Olympic_Games
> and so on.
> Klaus Graf

Hi Klaus and everyone,

I don't speak German :( so could you tell me what is the attitude to
non-free content quoted for the purpose of comment or criticism, which
is sometimes allowable under EU and German legislation I believe. Would
it also need an EDP for each case, or do other considerations apply? -- luke

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