[WikiEN-l] Getting rid of bad fair use

[Alphax (Wikipedia email)]

Bryan Derksen wrote:
> Anthony DiPierro wrote:
>> IOW, no, the desires of the copyright holder have no bearing on
>> whether an image can be fairly used, because the fair use defense
>> presumes that the copyright holder objects to the use.
>>
>> I'm not a lawyer, but this seems like pretty simple logic to me...
> 
> I thought so too, and another editor who _is_ a lawyer (User:Bobak)
> looked at the situation in a fair bit of detail and agreed with my
> logic. But UninvitedCompany claimed at the end of the deletion review
> entry
> <http://en.wikipedia.org/w/index.php?title=Wikipedia:Deletion_review&oldid=50533958#Image:O_RLY.jpg>
> that the Wikimedia Foundation lawyer had had a look at the situation and
> said it should be deleted. Unfortunately I wasn't able to find either a
> link to the Foundation lawyer's comments or the original copyright
> holder's complaint anywhere, so it still leaves me completely in the
> dark as to why this logic is apparently wrong in this case.
> 

It was a WP:OFFICE action. No further explanation is required.

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