[WikiEN-l] Possible legal violation in the use of a government seal?

[Benjamin Esham]

Ray Saintonge wrote:

> Benjamin Esham wrote:
> 
> > Maybe I'll ask the attorney if he can give an opinion on the definition
> > of "use".  I don't think that Wikipedia's use of the image qualifies as
> > "using" it, but then again IANAL.
> 
> As I said before you need to know the answer before you ask the attorney.
> Attorneys for putative opponents can give amazingly biased opinions. There
> should be more to the law than the two paragraphs that you cited.

I've sent an e-mail to Mike Godwin asking him to weigh in on this.

> I note too that you actually live in Livingston County.  With a population
> of only 65,000 it should be easy to get to know who the influential people
> are in the county.  Maintaining contact with a local historical society
> can also be helpful.  See what they think about putting the picture in
> Wikipedia; ask them what kind of information they believe should appear in
> Wikipedia on the county and its communities.  Consider their advice before
> adding some of their information.  If the legal people want to take a
> stupid stand on this, these could be useful allies.

As it happens, I had lunch with just such a person on Monday.  I highly
doubt that I'll need such connections, however.

> > > > I have forwarded the attorney's letter to the Commons OTRS people;
> > > > they will be able to remove the image from Commons while we try to
> > > > determine our legal rights and abilities in this matter.
> > > 
> > > I really don't see any need to take it down.

In any case, an OTRS user has deferred the decision to [[Commons
talk:Licensing]] on Commons.

> > Perhaps not, but the gentleman implied that I could be brought up on
> > charges.  I'm sure you can understand that I'd like to avoid that if at
> > all possible ;-)  That action was just me covering my arse.
> 
> Simply "suggesting" that you remove it, and making allusion to possible
> penalties isn't saying very much.  Once you determine in your own mind
> that what you do with the picture is within the law as you understand it
> what follows becomes a risk management questions.  It is impossible
> protect yourself against all possible outcomes.  One can only estimate the
> probabilities for each step along the way, and multiply them. If they are
> really intent on pursuing this there should be other opportunities to
> withdraw before things get out of hand.

I have calmed down considerably since I received the e-mail yesterday, and I
did make an honest attempt to have the image removed from Commons, so I'm
not overly worried right now.

> > (Although nothing has been done yet... I just used the general "Commons
> > permission" OTRS e-mail address.  Is there a separate one I should have
> > used for legal issues?)
> 
> AFAIK, The permissions queue is only one general one.with subsections for
> different areas.  I don't know that there is a completely separate one for
> Commons.

There is a separate e-mail address; I'm not an OTRS gnome, but I'd guess
that using that address automatically places the message in a certain
subsection?  Anyway, it was received, as I mentioned above.

-- 
Benjamin D. Esham
E-mail/Jabber: bdesham at gmail.com | AIM bdesham128 | PGP D676BB9A
Vrei să pleci dar nu mă, nu mă iei,
nu mă, nu mă iei, nu mă, nu mă, nu mă iei.
Chipul tău şi dragostea din tei, / mi-amintesc de ochii tăi.