[WikiEN-l] Image:Wp ayb.gif

[Ray Saintonge]

Chris Jenkinson wrote:

> jayjg wrote:
>
>> By the way, I'm not arguing for the use of "fair use" images on User 
>> pages.
>> However, I *am* arguing against the use of bad arguments to remove them
>> (and, in general, against the use of bad arguments to defend *any* 
>> action).
>> "Server space" simply won't fly, as it appears to be an almost limitless
>> resource in other contexts, and "it hinders distribution of a free
>> encyclopedia" won't fly, as User pages are not part of the encyclopedia
>> content we are trying to distribute.  The more relevant arguments 
>> seem to
>> center on legal liability issues, though in reality the potential for 
>> any
>> real litigation based on their use appears to be nil, if for no other 
>> reason
>> than if someone actually did threaten to sue Wikipedia based on a 
>> fair use
>> image maintained on a user page (which is extemely unlikely), it would
>> promptly be deleted, ending any action.
>
> The fact that we could just remove any fair use image if legal action 
> was ever threatened or initiated seems to be a particularly bad 
> argument for *keeping* them. 

We still need to have a reasonable fair use argument.  Before we give 
ourselves the benefit of the doubt there needs to be some doubt.  On a 
user page we would probably be quicker to comply with a take down order 
because that image was less important to us, or its purpose was already 
spent.  The day may still come where we have to say no; retaining the 
right to say no when circumstances warrant is a tremendous strategic 
advantage even if we never exercise that right.  We just need to avoid 
acting with extreme stupidity.

Ec