[Wikipedia-l] Re: [Wikitech-l] Re: Fair use

[Axel Boldt]

--- Toby Bartels <toby+wikipedia at math.ucr.edu> wrote:
> Axel Boldt wrote in part:
> 
> >Erik Moeller wrote:
> 
> >>The wiki-author doesn't add a picture, he adds a reference to a
> >>picture.
> 
> >...with the intent and expectation that the image and the text be
> >combined into a whole by the user's browser. It's a technical detail
> >that this combining is done by the browser rather than by the server
> >- had we used PDF rather than HTML as our distribution medium, then
> >the combining would take place on the server.
> 
> I've decided that this is not at all a technical detail.
> It's part of the point of both our design and HTML's design
> that the same image can be dynamically combined
> with several different pieces of text.
> Indeed, if we used PDF and had to combine things on our server,
> *then* we might have an argument that this was merely a technical
> detail,
> in an attempt to wriggle out of the GFDL's restrictions.
> But with HTML, the technology is following the authors' intent
> precisely.

I guess that's what it all comes down to. Here's how I would try to
convince a non-technical judge of my interpretation: "Assuming Mr. Toby
is correct, the New York Times could freely take one of Wikipedia's
GFDL images taken by Mr. Mav and use it to illustrate a front page
article of its web version, without any license problems or negative
repercussions. But if they were to include the image into their paper
version, they'd have to license the whole article (newspaper?) under
GFDL. Your honor, isn't that obviously bollocks, isn't the distribution
medium a mere technical detail, since anybody can simply print out the
web version?" 
  -- "Yes of course, oh eloquent attorney."

Axel

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