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thekohser
This is the current lead and first paragraph of Wikipedia's article about Copy protection:

QUOTE
Copy protection, also known as content protection, copy obstruction, copy prevention and copy restriction, refer to techniques used for preventing the reproduction of software, films, music, and other media, usually for copyright reasons.[1] (is this a reputable source, FilmFodder.com?)

Terminology

Media corporations have always used the term copy protection, but critics argue that the term tends to sway the public into identifying with the publishers, who favor restriction technologies, rather than with the users.[2] (is this an unbiased source, GNU.org?) Copy prevention and copy control may be more neutral terms.(unsourced) "Copy protection" is a misnomer for some systems, because any number of copies can be made from an original and all of these copies will work, but only in one computer, or only with one dongle, or only with another device that cannot be easily copied.(unsourced)

The term is also often related to, and confused with, the concept of digital rights management.(unsourced) Digital rights management is a more general term because it includes all sorts of management of works, including copy restrictions.(unsourced) Copy protection may include measures that are not digital.(unsourced) A more appropriate term may be "technological protection measures" (TPMs)[citation needed], which is often defined as the use of technological tools in order to restrict the use or access to a work.(unsourced)


Experts say that ideological battles are often won by how terminology is used and manipulated. Here we have a perfect example of how Wikipedians have manipulated this topic. Seriously, Wikipedia seems to have no problem using a "philosophy" page from an organization dedicated to the notion that "free software is a matter of freedom: people should be free to use software in all the ways that are socially useful", to admonish use of the term "copy protection".

Astounding.
Web Fred
Citations aren't required for the lede.
thekohser
QUOTE(Cunningly Linguistic @ Tue 31st January 2012, 2:52pm) *

Citations aren't required for the lede.

The "Terminology" section comes after the table of contents. Clearly not the lede.
Abd
QUOTE(Cunningly Linguistic @ Tue 31st January 2012, 2:52pm) *
Citations aren't required for the lede.
Only if what is in the lede is covered in the article, where the citations are. If the citation is in the lede, it's often a sign of factional wars on the article.
DanMurphy
QUOTE(thekohser @ Tue 31st January 2012, 9:57pm) *

QUOTE(Cunningly Linguistic @ Tue 31st January 2012, 4:49pm) *

Firstly you try typing with shaking hands and let's see how many typos you make.

And what part of your own typing do you have difficulty with... "This is the current lead..."


That's a spelling preference or convention, which I've traditionally handled with "lede", but others have told me that "lead" is more preferred in the United States.

Regardless, if you choose to make a mountain out of such molehill-sized matters, that's fine.

(Maybe your hands wouldn't shake so much if you didn't expose yourself to so much porn?)

Hacks have long written "lede" to mean the opening of an article. The reason was to avoid confusion with the "lead" type used to set the stories in. I missed the lead type era myself but still write "lede." It's just part of the professional cant.
Abd
QUOTE(Cunningly Linguistic @ Tue 31st January 2012, 5:01pm) *
They shake because of a mini-stroke. I would have preferred it to have been a wank.
sorry to hear that, I hope your condition is stable or improving.

I agree with comments here about the politics of language. On the matter of copyright requirements in the WMF wikis, I came across an "interesting" situation while working with Wikiverity. WMF policy allows each wiki to establish it's own "EDP," or "Exemption Doctrine Policy," specifying local rules for fair use. And then the WMF document is somewhat contradictory and sets global standards. That is, there appear to be limitations on fair use that are far more restrictive than what the law allows. The result is that there is an unavoidable impact on content quality, harm to the projects, compared to what would be legal.

And it hinges over "free" content. It turns out that "free content" doesn't mean content that you can freely read. It means content that you can freely *sell*. Fair use for educational purpose, as with, say, Wikiversity, can allow lots of usages that would be prohibited for profit. What I found on Wikiversity was a class of users, mostly coming from Wikipedia, who were hacking away at fair use claims on Wikiversity, in ways that were based on the idea that a fair use claim must be particularly strong.

One example that I found troubling was that a student at a school in Thailand, which was using Wikiversity for an on-line course on computers, had uploaded a photo of herself that she claimed was owned by her, and she was then licensing it for "fair use." I.e., to build community among users, that's how I saw it. This was rejected by a number of users, and before I could arrange a deeper discussion, I was blocked. I wonder if there is a connection there.....

Anyway, what the WMF policy does is to make the wiki content relatively safe for *commercial re-users,* not for people engaged in providing free content to readers. Minimizing fair use content would, then, save cost for these commercial re-users. As applied to that student photo, though, this was user space. Fair use in user space is generally considered prohibited by the WMF policy. Why?

It makes no sense.

The argument with the girl's photo was that she could provide a free photo. Now, this girl was gorgeous, the photo might have been professionally done, I'm not sure. Did she want her photo to be re-usable? No, I rather doubt it, she didn't want her photo appearing all over the web. Can users share photos with each other, in user space, to build a sense of community, without therefore allowing some republisher to reproduce the photos? If not, why not? What's the real purpose of the policy? As far as I can tell, user labor, user rights, and wiki quality are being sacrificed for the benefit of ... commercial republishers, for they are the only ones seriously impacted by this. In mainspace, in articles and resources, fair use on Wikiversity would be fair use for some republishers. Just not ones that are for-profit.

But it's all framed as "free content," which really means "freely reusable without regard to any copyright concerns." I think there is a tail wagging the dog here. Or is this the real dog? Wikia?
lilburne
QUOTE(Abd @ Tue 31st January 2012, 10:21pm) *


Anyway, what the WMF policy does is to make the wiki content relatively safe for *commercial re-users,* not for people engaged in providing free content to readers. Minimizing fair use content would, then, save cost for these commercial re-users. As applied to that student photo, though, this was user space. Fair use in user space is generally considered prohibited by the WMF policy. Why?




You've swallowed a whole bunch of crap there. The CC-BY-SA license is not safe for *commercial re-users*. Just because something is labelled as such doesn't make it so. I've seen a large number of news agency photos uploaded to flickr with CC licenses on them. Vast amounts of content scraped from the web uploaded as CC. No company that relies on copyright content will simply take something from WP at face value, they'll all want to apply due diligence and have some traceability on the license.

Things get get out of hand very quickly like when some one lifted and sold Rebekka Guðleifsdóttir photos. The company that was at the centre of that storm was inundated with death threats and within a few days was out of business.
https://www.google.com/search?q="Only+Dreemin"

Now whether they took them from flickr themselves or were genuinely sold a pup the end result was that they were blamed and they are no more. Then there was the Lara Jade photos that were used for an adult film cover art, and where the company said they got them from some free content upload site. Within in hours of that hitting the street there was no website in the NA or Europe that was prepared to sell or advertise the film:

http://www.dailymail.co.uk/news/article-13...plicit-DVD.html


Despite the intention of CC no business is going to use CC content without verifying the license with the content creator.

Abd
QUOTE(lilburne @ Tue 31st January 2012, 6:06pm) *
QUOTE(Abd @ Tue 31st January 2012, 10:21pm) *
Anyway, what the WMF policy does is to make the wiki content relatively safe for *commercial re-users,* not for people engaged in providing free content to readers. Minimizing fair use content would, then, save cost for these commercial re-users. As applied to that student photo, though, this was user space. Fair use in user space is generally considered prohibited by the WMF policy. Why?
You've swallowed a whole bunch of crap there.
Really? It was pretty tasty. Must be some deficiency in my diet.
QUOTE
The CC-BY-SA license is not safe for *commercial re-users*. Just because something is labelled as such doesn't make it so. I've seen a large number of news agency photos uploaded to flickr with CC licenses on them. Vast amounts of content scraped from the web uploaded as CC. No company that relies on copyright content will simply take something from WP at face value, they'll all want to apply due diligence and have some traceability on the license.
A large re-user of content could easily claim that requiring a re-user of massive Wikipedia content to research each and every claim could be an onerous burden, one which a court might be likely to discount. Essentially, if it's on-line content, a re-user could claim that it was an innocent victim of a Wikipedia error, and its liabillity would likely be limited to take-down on notice. Even if for-profit.

You may have seen this and that and it proves nothing. Essentially, false claims exist. So? If you are going to invest in, say, reproductions of images from Commons, spending thousands of dollars on each image, you'd better check the licenses. But if they are print-on-demand, your investment is minimal, and if it turns out that the license claimed by the WMF was defective, so you stop offering it. Big deal.

The point has been missed. As it stands, a re-user still has some work to do, if copying Wikipedia content. You are aware, of course, that there are companies which do this, for on-demand publication of books? They don't maintain stocks of the books, so they are quite safe by relying on take-down, which could be a serious problem with a publisher who has invested in real print, normally inventoried. They could claim injury by Wikipedia, but I think that would be laughed out of court. The issue, though, is can they *rely* on the Wikipedia claim of license? I'd say, probably, but at their own risk. I.e., if they invest in something based on that claim, they could lose their investment. They would lack the intention to infringe that would create serious copyright problems, they'd probably have sufficient protection against gross neglect of duty, as long as they didn't neglect obvious problems.

The work that still must be done is to find the required "machine-readable" fair use tags, and remove those items. Hence the goal of minimizing the number of fair use claims, of requiring editors to put effort into finding free use images, for example, even though fair use would be fine, legally, for Wikipedia. It's harnessing editorial labor for a goal that only benefits commercial re-users. Non-commercial users could make the same fair use claim, generally. And I fail to see why user space doesn't allow any fair use, it's claimed there are no exceptions, though obviously there can be educational purpose in user space material. On Wikiversity, user space is sometimes similar to student work in Universities, and fair use, for educational purpose, can be quite broad, sometimes.
QUOTE
Things get get out of hand very quickly like when some one lifted and sold Rebekka Guðleifsdóttir photos. The company that was at the centre of that storm was inundated with death threats and within a few days was out of business.
https://www.google.com/search?q="Only+Dreemin"

Now whether they took them from flickr themselves or were genuinely sold a pup the end result was that they were blamed and they are no more. Then there was the Lara Jade photos that were used for an adult film cover art, and where the company said they got them from some free content upload site. Within in hours of that hitting the street there was no website in the NA or Europe that was prepared to sell or advertise the film:
These are not relevant to the issue, at all. They are isolated uses, instead we are talking about massive content with at most a few odd misrepresentations. Anyone who is selling individual photos or investing in such materials had better do due diligence. We are talking, instead, about massive content usage, where the labor of checking each and every license would essentially blow the project out of the water.

And if not for protecting that kind of use, why is fair use being restricted far more than legally required? We are not just talking about a small hedge around the law, we are talking about much more restriction.
QUOTE
Despite the intention of CC no business is going to use CC content without verifying the license with the content creator.
That would apply to particular pieces of content where a business is making a substantial investment in the publication of that particular material. It would not apply to massive use of thousands of images, en block, where there is explicit licensing stated and supported, published by an ... ahem ... reputable organization. I remember, years ago, books of images for use by publications. We published all kinds of things using those images, and we never checked the individual licenses. Yeah, we'd have been seriously pissed if we had to dump an issue of a magazine, because the book publishers had screwed up. But nobody ever checked those licenses, because the risk was very low. More likely, if there were a license defect, there would have been a negotiation with an owner over a fair price. Cheaper than dumping a print run!

I'm thinking about how a court would be likely to look at it. Note that we are, by the conditions of the problem, not talking about massive and blatant copyvio. We are talking about material that is either claimed as free use, or that is explicitly fair use, i.e., *not* free use. The WMF policy requires machine-readable tags for fair use content. There is a reason for that, to allow semi-automated removal of the images. Which then may create some level of work for the re-user, every such removed image would have some significant cost, unless it's just replaced with, say, a link to Wikipedia.... that would raise some issues of its own, and I'm not addressing them.

I'm just pointing out that the WMF policy is not designed to improve the project for readers, nor for providers of free content, who can presumably make the same fair use claims. It's designed to improve it for commercial re-users. Under the very attractive and "good" name of "free use." Hey, aren't we all for "free use"? Legal free use, I mean.
lilburne
QUOTE(Abd @ Tue 31st January 2012, 11:23pm) *

QUOTE(lilburne @ Tue 31st January 2012, 6:06pm) *

The CC-BY-SA license is not safe for *commercial re-users*. Just because something is labelled as such doesn't make it so. I've seen a large number of news agency photos uploaded to flickr with CC licenses on them. Vast amounts of content scraped from the web uploaded as CC. No company that relies on copyright content will simply take something from WP at face value, they'll all want to apply due diligence and have some traceability on the license.

A large re-user of content could easily claim that requiring a re-user of massive Wikipedia content to research each and every claim could be an onerous burden, one which a court might be likely to discount. Essentially, if it's on-line content, a re-user could claim that it was an innocent victim of a Wikipedia error, and its liabillity would likely be limited to take-down on notice. Even if for-profit.


Minimum for hit for wrongly copying registered image is $750 plus fees. If they can show that the really did do due diligence then they may get it down to $200 plus fees.

One of the last books that have used my photos is this:

http://www.amazon.co.uk/Exploring-Britains...A/dp/0749570741

There are some 500 images in that all sourced from over 100 different photogs from flickr and alamy. None came from wikipedia, and they contacted every photographer for specific licensing even those using CC-BY licenses.

The publishers of the 6th ed of this similarly wanted written confirmation that the photogs were the copyright owners:
http://www.amazon.co.uk/Wilderness-Medicin...2281/ref=sr_1_5


QUOTE(Abd @ Tue 31st January 2012, 11:23pm) *

The point has been missed. As it stands, a re-user still has some work to do, if copying Wikipedia content. You are aware, of course, that there are companies which do this, for on-demand publication of books? They don't maintain stocks of the books, so they are quite safe by relying on take-down, which could be a serious problem with a publisher who has invested in real print, normally inventoried. They could claim injury by Wikipedia, but I think that would be laughed out of court. The issue, though, is can they *rely* on the Wikipedia claim of license? I'd say, probably, but at their own risk. I.e., if they invest in something based on that claim, they could lose their investment. They would lack the intention to infringe that would create serious copyright problems, they'd probably have sufficient protection against gross neglect of duty, as long as they didn't neglect obvious problems.


With an image on WP you are relying on the say so of some anonymous person that the work is licensed under creative commons. That is no guarantee at all. And whilst some may prefer to use a DMCA takedown rather than sue. The copyright holder they may well decided to sue instead.


QUOTE(Abd @ Tue 31st January 2012, 11:23pm) *

QUOTE(lilburne @ Tue 31st January 2012, 6:06pm) *

Things get get out of hand very quickly like when some one lifted and sold Rebekka Guðleifsdóttir photos. The company that was at the centre of that storm was inundated with death threats and within a few days was out of business.
https://www.google.com/search?q="Only+Dreemin"

Now whether they took them from flickr themselves or were genuinely sold a pup the end result was that they were blamed and they are no more. Then there was the Lara Jade photos that were used for an adult film cover art, and where the company said they got them from some free content upload site. Within in hours of that hitting the street there was no website in the NA or Europe that was prepared to sell or advertise the film:


These are not relevant to the issue, at all. They are isolated uses, instead we are talking about massive content with at most a few odd misrepresentations. Anyone who is selling individual photos or investing in such materials had better do due diligence. We are talking, instead, about massive content usage, where the labor of checking each and every license would essentially blow the project out of the water.


If you are using a large number of works your risks and costs are potentially much larger. You could find that a dozen or more images are copyright violations, and suddenly you are into a whole world of hurt.
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