On 5/19/06, Alphax (Wikipedia email) alphasigmax@gmail.com wrote:
Ok, it was an OTRS action. Close enough.
No it isn't.
I can't reveal the exact details, but "fair use" most definately did *not* apply. The image was a copyvio.
All fair use images are copyvios. That is irrelivant. the question is how good is the fair use case. In this case the answer is pretty good (remeber the author of the photo probably can't market the photo with the O RLY? on it because he is unlikely to own the copyright to that particular derivative work) thus the image has zero comercial value to anyone .
The large O RLY? printed acrosss the image makes it pretty much useless for it's original perpose in any case.
The way we are using it is informative.
I'm not totaly convinved by the original amount and substantiality claim but it would be trivial to reduce the image size to improve that one.
In short if you think that fair use claim is weak then the number of legit fair use claims on wikipedia could probably be counted on the fingers of one head.