[WikiEN-l] Non-commercial only and By Permission Only Images to be deleted

[Gregory Maxwell]

On 5/20/05, Erik Moeller <erik_moeller at gmx.de> wrote:
> No, this is not clear at all. In fact, the upload form contains no link
> to the terms of service; it links to
> http://www.sxc.hu/info.phtml?f=license
> which says nothing at all about any further restrictions. When I upload
> a file, I get a dropdown:

When I follow that link I get to a page with some generic
instructions, there is a 'terms' button on the top which has the ruls
for both uploaders and downloaders.

>         usage rights [no restrictions           ]
>                        contact me
>                        contact me and credit me
>                        written permission needed
> 
> This is the only grant that takes place. For the purposes of Wikimedia,
> we have always considered {{CopyrightedFreeUse}} to allow for distribution.

When you sign up an account it presents you with a little box with the
terms as well.
 
> > Even if you disagree that usage and redistribution are distinct, the
> > terms on the stock.xchng website make it quite clear that the
> > licensesor of the works considers them distinct for the purpose of
> > establishing your rights to redistribute his works.
> 
> Not at all. For example, the TOS also state
> 
>         "You are not allowed to use these images to promote adult
>           oriented and dating services."
> This is clearly a restriction on *use*, even if the uploader specifies
> no usage restrictions.

My point related to that was that use restrictions in absence of a
written contract may or may not be legally binding. It was more of an
aside than anything else,  Just because one rule disagrees with the
users dropdown doesn't invalidate the whole thing.

> The TOS contradict the copyright holder's own
> explicit assignment. They are irrelevant. (It is also quite likely that
> they were written before sxc.hu had a usage rights dropdown, as this was
> only added in version 4 of their software.)

The terms on the site refer to the specific terms set per image by the
holder over and over again.

 
> > Wikipedia has grown past the point where we need to rely on grey
> > legality images,
> 
> I do not consider this grey at all, and nor does the vast majority of
> the Wikimedia Commons community, including Villy, who is a judge and
> also provides legal advice to Wikimedia. However, if an sxc.hu uploader
> feels that one of their images is improperly used, then we will of
> course take that into account.

I notice that you didn't reply to my comment on contacting the
copyright holder.. with as many places as that's advised on the site,
you'd think that the submitters at wikipedia wouldn't be so averse to
it.  If you're so sure that the stock.xchng contributors will not
mind, then why not have a policy of sending the request?  It should
bring us more direct contributors.