What we need is the ability to mark "used with permission" and "used under non-commercial fair use doctrine" images.
Then those images could be semi-automatically excluded by third parties depending on their use. We could even have different database dumps: 1) Complete Wikipedia backup 2) Non-commercial use (minus "used with permission" images) 4) Commercial use (minus "used with permission" and "non-commercial fair use doctrine" images)
Any image linked via our new image syntax can be cleanly not displayed in articles (captions and div mark-up is all included inside [[image:...]]).
As Erik noted before we should primarily be concerned with creating the best encyclopedia on the planet. To do that we are going to have to live with having some images that may not be usable by third parties (FDL text can always be created on all topics while photos of many things cannot).
I therefore prefer this 'best of both worlds' approach.
-- Daniel Mayer (aka mav)
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