Re: [Commons-l] Personality rights

2012-04-13 Thread Cary Bass
On 04/12/2012 08:10 PM, Gnangarra wrote: there was an earlier suggestion that a well respected admin just delete them, I wouldnt class the new discussion as drama as there isnt an of the usual noticeboard threads about either the deletion or the subsequent reversal If I were an admin who was

Re: [Commons-l] Personality rights

2012-04-12 Thread Andreas Kolbe
The images were deleted this morning by Rd232. They have now been undeleted by Russavia. As a result of the undelete, there is now yet another deletion discussion at the bottom of this page:

Re: [Commons-l] Personality rights

2012-04-11 Thread Gnangarra
When someone licenses an image they first have to be legally able to do so, if they dont its irrelevant what the license is or what it gets changed to, its invalid and cant be enforced. That also means no matter what we claim the license to have been when we got it its still invalid so we cant

Re: [Commons-l] Personality rights

2012-04-11 Thread Thomas Morton
Right, now I'm in front of a computer here's a third, more detailed reply, which hopefully addresses a lot of what Anne is asking. A license, as I mentioned, is not a contract - although it can (and regularly does) form part of a contract. The kinds of licenses we deal with, though, are not part

Re: [Commons-l] Personality rights

2012-04-11 Thread Sarah
On Wed, Apr 11, 2012 at 3:09 PM, Thomas Morton morton.tho...@googlemail.com wrote: A license, as I mentioned, is not a contract - although it can (and regularly does) form part of a contract. The kinds of licenses we deal with, though, are not part of any contract. The point about a contract is

Re: [Commons-l] Personality rights

2012-04-11 Thread Tim Starling
On 11/04/12 14:23, Gnangarra wrote: Question why with a number of Foundation people on this list havent these photos just been deleted as an office action, I know its big stick action but at least it resolves the immediate issue that these should have been deleted. Office actions are

Re: [Commons-l] Personality rights

2012-04-10 Thread Nathan
On Tue, Apr 10, 2012 at 12:19 AM, Gnangarra gnanga...@gmail.com wrote: this discussion appears to be missing some information specifically a link to what is being discussed I checked http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Joseph_Stalin.jpgthat doesnt reflect what

Re: [Commons-l] Personality rights

2012-04-10 Thread Cary Bass
On 4/10/2012 7:38 AM, Nathan wrote: You must've missed SJ's earlier e-mail, where he linked this: http://commons.wikimedia.org/wiki/Commons:Deletion_requests/ObiWolf_Lesbian_Images Tim's descriptions of the deletion discussions referred specifically to the ObiWolf images. Reading those

Re: [Commons-l] Personality rights

2012-04-10 Thread Tim Starling
On 11/04/12 00:38, Nathan wrote: You must've missed SJ's earlier e-mail, where he linked this: http://commons.wikimedia.org/wiki/Commons:Deletion_requests/ObiWolf_Lesbian_Images Tim's descriptions of the deletion discussions referred specifically to the ObiWolf images. Reading those

Re: [Commons-l] Personality rights

2012-04-10 Thread Ryan Kaldari
These are both great suggestions. I'm going to keep these as notes for future UploadWizard development. Ryan Kaldari On 4/9/12 10:48 AM, Thomas Morton wrote: Another suggestion would be to run all new uploads through Tineye straight away; and if they have significant or suspicious hits put it

Re: [Commons-l] Personality rights

2012-04-10 Thread Sarah
On Wed, Apr 11, 2012 at 1:23 AM, Gnangarra gnanga...@gmail.com wrote: OK thanks for the link, yes that discussion is a good example of how Commons does fail with flickr licensing issues, part of that problem is that Flickr doesnt explain that cc licenses are irrevokable ... Can anyone point me

Re: [Commons-l] Personality rights

2012-04-10 Thread Rama Neko
Question why with a number of Foundation people on this list havent these photos just been deleted as an office action, I know its big stick action but at least it resolves the immediate issue that these should have been deleted. This is a matter of institutional politics in Commons. As you

Re: [Commons-l] Personality rights

2012-04-10 Thread Cary Bass
On 4/10/2012 9:45 PM, Sarah wrote: Can anyone point me to the basis of the claim that cc licences are irrevocable? If someone were to upload an image to Flickr with a cc non-commercial licence, then changed her mind and broadened it to allow commercial use, Commons would not reject the image on

Re: [Commons-l] Personality rights

2012-04-10 Thread Gnangarra
In the ObWolf photos the issue isnt licensing, the issue is whether consent from the subject was given and what that consent was. We see that the photo was not taken in a public place, so that make its a private place for which we require a model release that specifies consent to use for any

Re: [Commons-l] Personality rights

2012-04-09 Thread Thomas Morton
Another suggestion would be to run all new uploads through Tineye straight away; and if they have significant or suspicious hits put it up for review. Tom On 9 April 2012 18:40, Andrew Gray andrew.g...@dunelm.org.uk wrote: On 9 April 2012 18:24, Platonides platoni...@gmail.com wrote: I'd go

Re: [Commons-l] Personality rights

2012-04-09 Thread Gnangarra
this discussion appears to be missing some information specifically a link to what is being discussed I checked http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Joseph_Stalin.jpgthat doesnt reflect what Tim is referring to neither does

Re: [Commons-l] Personality rights

2012-04-08 Thread Maarten Dammers
Hi Ryan, Op 6-4-2012 2:22, Ryan Kaldari schreef: This is generally a straightforward decision per Commons:Photographs of identifiable people. If the photos were taken in a private place, consent is required. If the photos were taken in a public place, consent is not required (with exceptions

Re: [Commons-l] Personality rights

2012-04-08 Thread Andreas Kolbe
Mr Gerard, could you please take your conspiracy theories elsewhere? For the record, what you're saying is totally off the wall. Andreas On Sun, Apr 8, 2012 at 1:42 PM, David Gerard dger...@gmail.com wrote: On 8 April 2012 13:39, Andreas Kolbe jayen...@gmail.com wrote: I've sent you and

Re: [Commons-l] Personality rights

2012-04-08 Thread Samuel Klein
On Sun, Apr 8, 2012 at 8:42 AM, David Gerard dger...@gmail.com wrote: On 8 April 2012 13:39, Andreas Kolbe jayen...@gmail.com wrote: I've sent you and Ryan an e-mail with a link to the deletion discussion. In a discussion like this, secret evidence is approximately worthless. Indeed. This

Re: [Commons-l] Personality rights

2012-04-08 Thread Emanuela Capizzi
: [Commons-l] Personality rights On Sun, Apr 8, 2012 at 8:42 AM, David Gerard dger...@gmail.com wrote: On 8 April 2012 13:39, Andreas Kolbe jayen...@gmail.com wrote: I've sent you and Ryan an e-mail with a link to the deletion discussion. In a discussion like this, secret evidence

Re: [Commons-l] Personality rights

2012-04-08 Thread Andreas Kolbe
On Sun, Apr 8, 2012 at 4:45 PM, Samuel Klein meta...@gmail.com wrote: Indeed. This is the link I received by mail: http://commons.wikimedia.org/wiki/Commons:Deletion_requests/ObiWolf_Lesbian_Images Those people are identifiable and in a private place. If the photographer showed up and

Re: [Commons-l] Personality rights

2012-04-08 Thread Gnangarra
maybe we need a Flickr specific policy/guide like http://commons.wikimedia.org/wiki/Commons:Precautionary_principle or put more emphasis on the precautionary principle with living people change it from significant doubt to plausible doubt, where the onus for undeletion requires the photographer to

Re: [Commons-l] Personality rights

2012-04-06 Thread Ryan Kaldari
On 4/5/12 10:39 PM, Cary Bass wrote: I think the public/private place argument is actually irrelevant here. The photographer has asked us to remove it. We have no reason to doubt the subject wants it removed. It's not actually very complementary of her. We have ample other pictures of her.

Re: [Commons-l] Personality rights

2012-04-06 Thread Samuel Klein
On Sun, Mar 11, 2012 at 6:07 AM, Dereckson dereck...@gmail.com wrote: I so think: i. we should be especially polite and kind to the requester of such deletions ii. we should delete picture taken in private space iii. we should  communicate competently in a calm, yet assertive way, working

Re: [Commons-l] Personality rights

2012-04-05 Thread Ryan Kaldari
This is generally a straightforward decision per Commons:Photographs of identifiable people. If the photos were taken in a private place, consent is required. If the photos were taken in a public place, consent is not required (with exceptions for some countries). What was the justification

Re: [Commons-l] Personality rights

2012-04-05 Thread Cary Bass
I think the public/private place argument is actually irrelevant here. The photographer has asked us to remove it. We have no reason to doubt the subject wants it removed. It's not actually very complementary of her. We have ample other pictures of her. I see absolutely no reason not to

Re: [Commons-l] Personality rights

2012-03-11 Thread Dereckson
Good morning, We have just received this morning on the Bistro (ie the French village pump) a deletion request for personality rights. The photo has been taken in Caffé Florian at Venice. That helped me to understand your confusion between first, the WMF resolution, and secondly the Wikimedia

[Commons-l] Personality rights

2012-03-10 Thread Andreas Kolbe
Last year, the Wikimedia Foundation Board published the following Resolution: ---o0o--- The Wikimedia Foundation Board affirms the value of freely licensed content, and we pay special attention to the provenance of this content. We also value the right to privacy, for our editors and readers as