[WikiEN-l] Uploading images should be a privilige, not a right

[Gregory Maxwell]

On 7/21/06, Oldak Quill <oldakquill at gmail.com> wrote:
> Aren't the images are still stored in Florida so are covered by US
> law? Why is German law at all considered?

:)
Indeed.
Because the uploader is in Germany.. It's messy.
It's not a problem because these images are likely legal in the US.

> > Legally Wikimedia is likely okay because these works would easily be
> > considered fair use... But they aren't free content when used in the
> > capacity... but use adds a whole extra dimension the people would
> > rather ignore.
>
> To be OK don't we have to attach a fair use rational to these photographs?

The law doesn't require us to attach a fair use rationale. Policy on
enwiki does.  It would be required, were we ever to use fair use as a
defense (it's not a permission it's a defense), that we provide a
rationale... Doesn't mean the image must have one now.

So long as we don't run into an image which would likely be illegal in
the US but is legal in De, I don't think it's worth dealing with this
mess. :)