On Thu, May 9, 2013 at 1:49 PM, Andreas Kolbe <jayen...@gmail.com> wrote:

> Pete,
>
> I don't know which Commons you participate in. The one I know has tons of
> nude pictures of women uploaded by anonymous throwaway accounts, with no
> indication whatsoever that the women concerned are aware of and have
> consented to the upload,
>

<snip>

Andreas, you are of course correct. I believe two factors address the
distance between what you and I said:

(1) The word "consent" is not qualified in the Board's resolution, which
invites this critical question in every case: are we talking about consent
to be photographed, or consent to have the photo released under a free
license on a widely viewed, open access web site? This is obviously a
question of critical importance. The resolution's language doesn't provide
much guidance. In practice, the places where Commons participants do well
are with photos where it's visually clear that the subject may not have
consented to being photographed at all, in the first place (i.e., no reason
to believe the subject is even aware of the camera).

(2) The existence of files on Commons, vs. the ones where somebody takes
the trouble to write a well-formed nomination for deletion, is a huge one.
My comments concern only the latter; but of course, there are many
thousands of files on Commons that could or should be nominated for
deletion, but haven't. It's important to acknowledge that while such cases
may reflect the intent of the uploading individual, they by no stretch of
the imagination reflect the considered judgment of the Commons community.

Pete
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