Wikipedia talk:Wikipedia Signpost/2011-07-04/News and notes
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Re the DMCA take-down issue, whatever happened to the doctrine of ostensible authority? – ukexpat (talk) 13:09, 5 July 2011 (UTC)
- On the same issue, why haven't the pictures be uploaded as fair use to en Wikipedia? --Piotr Konieczny aka Prokonsul Piotrus| talk 15:48, 5 July 2011 (UTC)
- Although there was apparent authority at the time, the copyright owner has directly refused permission. As such we have no right to use the images. As for using on enwiki, they'd be hosted on US servers, so we'd just get a new take down notice, surely? If the original permission-giver had been the copyright owner themselves rather than a representative, it'd be harder for a take-down notice to be enforced, as he would have directly given a release under a suitable license. Although it's a shame to lose the images, they presumably aren't so essential as to make any articles they were used in useless - or can we expect some article deletions as a result of the illustrative pictures no longer being available? -- PhantomSteve.alt/talk\[alternative account of Phantomsteve] 18:07, 5 July 2011 (UTC)
- If anyone wishes to restore one or more of these images as NFC compliant images on En, mail me and I will send them to you. The firm should also be informed of these uses. If another take-down request is issued, you then have the option under the DMCA of issuing a counter claim claiming it as fair use. See How to File a DMCA Counter Claim. Dcoetzee 19:25, 5 July 2011 (UTC)
- A far more insidious problem occurs with TI calculator encryption keys. These were uploaded by an anonymous source, taken down as a result of DMCA as an "office action". Because it is an office action no-one can reverse it, the "office action" won't be withdrawn unless a DMCA counter-claim is made, and only the anonymous editor is allowed to make a counter claim. Therefore the "office action" rules, as they stand, allow anyone to effectively protect the unprotectable, by uploading it to WP via a puppet, then issuing a DMCA takedown. Rich Farmbrough, 15:15, 16 July 2011 (UTC).
- Although there was apparent authority at the time, the copyright owner has directly refused permission. As such we have no right to use the images. As for using on enwiki, they'd be hosted on US servers, so we'd just get a new take down notice, surely? If the original permission-giver had been the copyright owner themselves rather than a representative, it'd be harder for a take-down notice to be enforced, as he would have directly given a release under a suitable license. Although it's a shame to lose the images, they presumably aren't so essential as to make any articles they were used in useless - or can we expect some article deletions as a result of the illustrative pictures no longer being available? -- PhantomSteve.alt/talk\[alternative account of Phantomsteve] 18:07, 5 July 2011 (UTC)
I dislike the offensive image filter idea. First of all, as a certain cretin has demonstrated repeatedly, any attempt at controlling the use of offensive images can be easily circumnavigated (per BEANS I won't say how, except that it isn't a hack or exploit). This means that if someone wants to shock or offend people, we can't stop them from doing so, we can only strive to get better and better at catching and removing the offending images. As for the permanent images, who becomes the arbiter of values for Wikipedia. Do we allow anyone to set up their own personal filters? If so that does not prevent first time exposure. Do we just do it to items on the bad image list? Do we establish a working group of experts/parents/concerned bystanders? How do we decide what's inappropriate to whom? Does it become censorship? I would most certainly fear a few prudes going haywire and deeming large swaths of images as needing filtering, leading to an all out brawl when those changes are reverted. The offensive image filter will cause nothing but trouble. Sven Manguard Wha? 20:49, 5 July 2011 (UTC)
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