Tuesday, April 5, 2005Terry Vo, the 10-year old Australian boy who had two hands and a foot reattached by surgeons after losing them in an accident, has had to have the foot re-amputated. He will be given a prosthetic foot in its place.
The operation to re-attach three limbs was thought to have been a first – but was ultimately unsuccessful, with the foot having died inside, and receiving insufficient blood supply following the surgery to reattach it.
“That would lead to the small muscles in the foot actually constricting, the toes bending over and a deformed …. foot that is sort of clawed over and doesn’t have good sensation,” said plastic surgeon, Mr Robert Love today, on Australia’s ABC Radio.
“Even if you can get all of that to survive, he [would be] worse off than having had an amputation.”
“What is very disappointing is that for the first two days after [the operation] the foot looked absolutely magnificent,” he said.
Terry’s hands were healing well, said the surgeon. The prosthetic foot would allow him to walk normally, since his knee was intact.
The British pound sterling fell to a record low against the euro Wednesday, descending to under 1.14 euros for the first time. It reached new lows against other currencies as well.
One euro was worth 87.79 pence today, compared with the price of 71.91 pence a year ago. The United States dollar was trading at $1.4827 for a pound.
Some currency analysts speculate that the pound might be headed for parity — when one pound will be worth about one euro or dollar.
Sources
“Sterling hits new record euro low” — BBC News Online, December 10, 2008
“Sterling tumbles to record low against the euro as UK economic woes mount” — The Daily Telegraph, December 10, 2008
Office Depot in Durham, NC
The United States office supplies company Office Depot announced on Wednesday that it will close about 9% or 112 of its stores in North America and slash 2,200 jobs over the next three months.
The plan to close the stores will bring the chain’s base to 1,163 stores. 45 stores are to be shut down in the Central US, 40 in the Northeastern US and Canada, 19 in the Western US, and eight in the South.
Six of Office Depot’s 33 North American distribution facilities are also to be closed.
Shares of the company rose more than 12% on the news.
“Office Depot to close 112 stores” — American City Business Journals, December 10, 2008
Rod Blagojevich
Barack Obama, the President-elect of the United States, has said that Illinois governor Rod Blagojevich should resign from his post. Obama’s statement comes following Blagojevich’s arrest on charges that he attempted to “sell” Obama’s Senate seat, which the latter vacated to become President.
As governor of the state, Blagojevich has the authority to select Mr. Obama’s successor to represent Illinois in the Senate.
Blagojevich has been charged with conspiracy and solicitation to commit bribery, crimes that are punishable by up to 20 and 10 years in jail, respectively.
Related news
“Governor of Illinois arrested on suspicion of corruption” — Wikinews, December 9, 2008
Sources
“Gov. Blagojevich defiantly clings to power” — MSNBC, December 10, 2008
“Obama calls on governor to quit” — BBC News Online, December 10, 2008
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The Honourable Peter MacKayDefence Minister and Minister of the Atlantic Canada Opportunities Agency attended the official launch of ceremonies. This image is a file photo of Peter MacKay’s visit to Brazil. Image: Elza Fiúza.
Operation NANOOK 2008 was held from August 11 to August 25 by the Canadian Forces for the purpose of conducting mock emergency rescue operations for potential maritime disasters in the northeastern Canadian Arctic waters.
Two Canadian navy ships and two airforce planes, a CC-138 Twin Otter and a CP-140 Aurora, took part in the exercises in the Canada’s Arctic. The HMCS Toronto and the Canadian Coast Guard ship Pierre Radisson travelled along the Hudson Strait. The Operation extended to Davis Strait, and Frobisher Bay during the annual NANOOK Operation. There have been 18 such humanitarian operations since 2002. As more Arctic ice melts, the ships sail through uncharted waters. Emergency response times were tested for such potential disasters as oil spills, or rescue operations such as responding to cruise ship emergencies.
In addition to the military exercises, Veterans Affairs Canada held a commemorative event onboard the HMCS Toronto to honour the 55th Anniversary of the Cease Fire in Korea, the 65th Anniversary of the Battle of the Atlantic, and the start of the Last 100 days of the First World War. The inaugural ceremonies were held during Community Day activities in the capital city of Iqaluit, followed by the public panel discussion held on Saturday. The community day ceremonies were organized by participants in Operation NANOOK 2008. The public ceremonies received neither Nunavut politicians nor Inuit leaders.
Tera Myers, a former actress in pornographic films, has left her position as a science teacher at Parkway North High School in St. Louis County, Missouri after her past was revealed by a student. This marks the second such controversy involving Myers, also known under the names Tericka Dye and the stage name Rikki Anderson. She was suspended by Kentucky’s McCracken County Public Schools system in 2006 after her career in pornography was made public.
Don Senti, interim superintendent of the district, said Myers was on administrative leave from her position at the school at her own request. Myers’ request, granted “out of respect for her privacy and that of her family,” came after a student inquired about her pornographic career. The district said Myers passed background checks before being hired as a teacher in 2007, but it did not know about her past until the student found out about it online, because her career in the pornography industry was legal. A Parkway representative said the Kentucky school at which Myers last worked was contacted in 2007 to verify her references, but no mention of her suspension or stint in pornography was provided.
Myers will continue to be paid until the end of the semester, at which time she is to leave the Parkway School District. “We’re surprised, very surprised,” said Parkway spokesperson Paul Tandy. “At the same time we feel for her and her family. We do believe she has tried to move on with her life … Unfortunately, even though it happened fifteen years ago, [the video] is still there.” According to Tandy, Dye “was concerned about the impact it would have in the building,” and, on March 4, informed the school’s principal of her past after being asked by the student. Myers also was the coach of the girls’ volleyball at Parkway North High School.
Myers previously taught at Reidland High School in Paducah, Kentucky, and was suspended in 2006 after a student there discovered her pornographic career. That May, Myers defended herself, saying, “Anybody who has been in my classroom could tell you how much I love teaching and how much I love these students, and that should be what matters more than anything in my past.” Known as Tericka Dye at the time, she protested against her dismissal and even appeared on the “Dr. Phil” talk show.
Myers said she became involved in the adult industry after working as an impoverished exotic dancer in California.
Former US Vice President Al Gore announced earlier today that he would separate from Tipper Gore, his wife of 40 years. The Gores called the decision “mutual.”
In an e-mail to close friends, Al and Tipper Gore said that they would not make additional comments. The message was confirmed by a spokesperson for the Gore family. A family friend said, “There isn’t anyone else. They just want to go their separate ways.”
In the e-mail, Al and Tipper Gore said:
“We are announcing today that after a great deal of thought we have decided to separate. This is very much a mutual and mutually supportive decision that we have made together, following a process of long and careful consideration. We ask for respect for our privacy and that of our family, and we do not intend to comment further.”
The announcement was met with surprise in Washington, D.C. Both were raised around the city, and met at a high school dance. 62-year-old Al Gore was the Vice President of the United States during the Clinton presidency and lost the 2000 US presidential election to George W. Bush. He also received the Nobel Peace Prize for his efforts concerning climate change. 61-year-old Tipper Gore is a professional photographer and co-founded the Parents Music Resource Center. On May 19, the couple observed their 40th wedding anniversary. The Gores have four children.
This mosaic was created from two high-resolution images that were captured by the narrow-angle camera when NASA’s Cassini spacecraft flew past Enceladus and through the jets on Nov. 21, 2009. Image: NASA/JPL/SSI.
NASA’s Cassini–Huygens spacecraft has discovered evidence for a large-scale saltwater reservoir beneath the icy crust of Saturn’s moon Enceladus. The data came from the spacecraft’s direct analysis of salt-rich ice grains close to the jets ejected from the moon. The study has been published in this week’s edition of the journal Nature.
Data from Cassini’s cosmic dust analyzer show the grains expelled from fissures, known as tiger stripes, are relatively small and usually low in salt far away from the moon. Closer to the moon’s surface, Cassini found that relatively large grains rich with sodium and potassium dominate the plumes. The salt-rich particles have an “ocean-like” composition and indicate that most, if not all, of the expelled ice and water vapor comes from the evaporation of liquid salt-water. When water freezes, the salt is squeezed out, leaving pure water ice behind.
Cassini’s ultraviolet imaging spectrograph also recently obtained complementary results that support the presence of a subsurface ocean. A team of Cassini researchers led by Candice Hansen of the Planetary Science Institute in Tucson, Arizona, measured gas shooting out of distinct jets originating in the moon’s south polar region at five to eight times the speed of sound, several times faster than previously measured. These observations of distinct jets, from a 2010 flyby, are consistent with results showing a difference in composition of ice grains close to the moon’s surface and those that made it out to the E ring, the outermost ring that gets its material primarily from Enceladean jets. If the plumes emanated from ice, they should have very little salt in them.
“There currently is no plausible way to produce a steady outflow of salt-rich grains from solid ice across all the tiger stripes other than salt water under Enceladus’s icy surface,” said Frank Postberg, a Cassini team scientist at the University of Heidelberg in Germany.
The data suggests a layer of water between the moon’s rocky core and its icy mantle, possibly as deep as about 50 miles (80 kilometers) beneath the surface. As this water washes against the rocks, it dissolves salt compounds and rises through fractures in the overlying ice to form reserves nearer the surface. If the outermost layer cracks open, the decrease in pressure from these reserves to space causes a plume to shoot out. Roughly 400 pounds (200 kilograms) of water vapor is lost every second in the plumes, with smaller amounts being lost as ice grains. The team calculates the water reserves must have large evaporating surfaces, or they would freeze easily and stop the plumes.
“We imagine that between the ice and the ice core there is an ocean of depth and this is somehow connected to the surface reservoir,” added Postberg.
The Cassini mission discovered Enceladus’ water-vapor and ice jets in 2005. In 2009, scientists working with the cosmic dust analyzer examined some sodium salts found in ice grains of Saturn’s E ring but the link to subsurface salt water was not definitive. The new paper analyzes three Enceladus flybys in 2008 and 2009 with the same instrument, focusing on the composition of freshly ejected plume grains. In 2008, Cassini discovered a high “density of volatile gases, water vapor, carbon dioxide and carbon monoxide, as well as organic materials, some 20 times denser than expected” in geysers erupting from the moon. The icy particles hit the detector target at speeds between 15,000 and 39,000 MPH (23,000 and 63,000 KPH), vaporizing instantly. Electrical fields inside the cosmic dust analyzer separated the various constituents of the impact cloud.
“Enceladus has got warmth, water and organic chemicals, some of the essential building blocks needed for life,” said Dennis Matson in 2008, Cassini project scientist at NASA’s Jet Propulsion Laboratory in Pasadena, California.
“This finding is a crucial new piece of evidence showing that environmental conditions favorable to the emergence of life can be sustained on icy bodies orbiting gas giant planets,” said Nicolas Altobelli, the European Space Agency’s project scientist for Cassini.
“If there is water in such an unexpected place, it leaves possibility for the rest of the universe,” said Postberg.
This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.
The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.
Logo of the NPG
In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).
Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.
The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.
The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.
In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.
Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.
In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.
Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:
“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”
“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.
The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”
Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.
Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.
Logo of Wikimedia Commons
The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.
In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.
Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.
Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.
One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.
Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:
“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”
Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.
In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:
“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.
Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”
“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”
The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”
The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.
The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.
The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)
The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)
Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.
Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)
The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.
Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:
“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”
He also stated:
“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”
Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”
The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.
Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”
Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.
David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”
Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..
The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.
Contacted over the weekend, the NPG issued a statement to Wikinews:
“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.
“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.
“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.
“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.
In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.
Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:
“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.
“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”
The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.
A free content image of the National Portrait Gallery, made available on the Wikimedia Commons
In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.
Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.
Logo of Digital Britain
Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.
The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.
A photograph of a painting from the Victoria and Albert Museum’s collection – The Conversion of the Proconsul (1515)
As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.
Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”
The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.
Zimmerman after being arrested in 2012. Image: Seminole County Sheriff’s Office.
George Zimmerman, a Florida man charged with the shooting of seventeen-year-old Trayvon Martin, was found not guilty of second-degree murder late Saturday night following 16 hours of deliberation. The case has drawn national attention in the United States because of questions it raises over “stand your ground” self-defense laws.
Zimmerman shot Trayvon Martin on February 26, 2012. Prosecutors argued that Zimmerman, a neighborhood watch captain, had pursued Martin on the basis of race, as Martin walked through Zimmerman’s gated community on the way back from a convenience store. Zimmerman’s lawyers argued Martin attacked Zimmerman who then shot Martin in self-defense after Martin punched him and repeatedly slammed Zimmerman’s head against the sidewalk.
Following the decision to acquit, by a six member all-female jury, of both a second-degree murder and a manslaughter charge, Zimmerman’s lawyer said: “I think the prosecution of George Zimmerman was disgraceful”. On Twitter, Zimmerman’s brother Robert said the decision made him “proud to be an American”.
Tracy Martin, Trayvon’s father, posted on Twitter to say “Even though I am broken hearted my faith is unshattered”. Jahvaris Fulton, Trayvon Martin’s brother, posted “Et tu, America?”, alluding to the Shakespearean phrase “Et tu, Brute?”
The National Association for the Advancement of Colored People (NAACP) have launched a petition calling on the US government to bring federal civil rights charges against Zimmerman. NAACP president Benjamin Jealous stated, “We are outraged and heartbroken over today’s verdict. […] We will pursue civil rights charges with the Department of Justice, we will continue to fight for the removal of Stand Your Ground laws in every state, and we will not rest until racial profiling in all its forms is outlawed.”
A grassroots movement known as Restore the Fourth, dedicated to the protection of the 4th Amendment to the US Constitution, are to hold protests countrywide on July 4. The planned protests come in the wake of information about NSA surveillance leaked last month, notably the PRISM surveillance program and the collection of Verizon phone records. Wikinews interviewed Jett, a national organizer from this recently created movement.
((Wikinews)) First of all, could you explain what Restore the Fourth is all about?
Jett: At its core, RestoreTheFourth is about protecting citizens’ constitutional rights. Specifically, we’re dedicated to bringing awareness and action to the expanding overreach and elimination of the 4th Amendment to the US Constitution.
Logo of the PRISM surveillance program. Image: NSA, Adam Hart-Davis.
((WN)) What is your role at Restore the Fourth?
Jett: My job at RestoreTheFourth could be summarized as ‘project coordinator’. Every person who wants to help can help in a tremendous way. I simply make sure that their skills get used in a way that would be most beneficial to the movement: web development, public relations, etc. I also field questions from the press and promote knowledge of our cause.
((WN)) What are your plans for direct action, outreach, etc.?
Jett: Our press release includes a list of ‘demands’ for what we want to see in order to restore our privacy rights, including reform of the PATRIOT Act and increased accountability for public officials. In the very short term, these protests and demonstrations bring awareness to the issue, something that’s really important in enacting reform. In the long term, however, we expect to create a legal organization dedicated to restoring these rights inherent to every American. By partnering with various other organizations that share our moral values, we can further these goals.
On July 4, we will have over 100 protests in all 50 states, showing that the citizens of America are truly serious about protecting their rights.
((WN)) By what means do you hope to achieve such change?
Jett: This movement started only a few weeks ago, and since then we’ve experienced exponential growth and progress. Since the movement is still very young, plans diverge in the long term on what we hope to achieve. Personally, I’d like to see a combination of legislative and litigative action (something like what the ACLU does), and others want to see further plans of action. With organizations such as the BORDC, stopwatching.us and the EFF behind us, I feel that we can achieve all of this and much more.
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((WN)) Is the movement US-only or will it extend to other jurisdictions as well? Do you think it would be fair for the US to spy on non-citizens?
Jett: I believe that rights are inherent to all humans, not only United States citizens. In the long term I’d certainly like to see people of all nations protected from the slow elimination of privacy that we’re all experiencing.
He’s [Edward Snowden] being treated as a ‘martyr’ of sorts. It seems to distract from what he truly believed in.
((WN)) What do you think about Edward Snowden’s whistleblowing?
Jett: I think that too much attention is being given to his personality instead of what he fought for. He’s being treated as a ‘martyr’ of sorts. It seems to distract from what he truly believed in — transparency for the government and inherent privacy for all Americans.
((WN)) What do you think about his future, given the legal grey zone in which he currently is?
Jett: Hard to say. He may be captured by any number of agencies, or he may live a free man. Whatever happens, he has the eyes of millions of people on him, all of whom will yell very loudly if anything occurs.
This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.
Tuesday, January 15, 2008
Satire site Uncyclopedia, a parody of online encyclopedia Wikipedia, has been labeled by the Malaysian government as dangerous. The Internal Security Department of Malaysia issued the warning today, saying that the site has “messages and information insulting Malaysia”.
The warning notes the creation date of the website as being 5 January 2005, and hosted by Wikia, Inc., both of which are correct. However, it claims Wikia owns Wikipedia; Wikipedia is a charitable non-profit website owned by the non-profit Wikimedia Foundation, while Wikia is an independent, for-profit company.
The report evidently mentions that Uncyclopedia covers Malaysian “history, culture, the political leaders, the government, the national song and the name / history of the national flag,” none of which is “correct”. They accuse the website of helping to reinforce a bad international image of their country.
There are no reports of the site being blocked from access within the country, only this statement, which urges Malaysians not to circulate the content.
Uncyclopedia’s article on Malaysia begins:
Essentially the penis of Asia which is located to the north of their cousins who live on an even smaller island Singapore, Malaysia (also known as Bolehland) is a young nation of diverse cultures and races such as F1 Formula-1 and Nascar. The timezone of Malaysia is unique because it follows the system of +1/+2 PMT (Predetermined Meeting Time) which is 1 or 2 hours later than PMT. Most foreigners have difficulty adjusting to this new timezone as they tend to show up 1 or 2 hours earlier than the local counterparts. The nation is moving forward with a vision towards becoming a developed nation by the year 2020, 3030, 4040 or whatever catchy number.
…Another common state that Malaysians have is denial (no lah, where got?), which incidentally, is a river in Egypt.
The site has fired back with a parody article posted at the site under their UnNews section, titled Uncyclopedia Internal Security Department warns on Malaysia. The article suggests that the “Internal Security Department of the Uncyclomedia Foundation,” which is a facetious and fictitious parent organization of Uncyclopedia, identifies Malaysia “as a dangerous country… It warned its people not to use the country today.”
There are forty-seven individual language editions of Uncyclopedia, including Tolololpedia, which is written in Bahasa Melayu, the Malay language. This is in addition to fictional “language” editions which include Oscar Wilde, Newspeak, N00b, White Supremacist, and Re: PharmaccgRy.