"Does the contract (private use only for photos) implicitly agreed to by Giles when he bought a ticket to the Olympics invalidate the CC-BY-SA license" -- In my recollection, the answer is no.  It is similar to someone taking a picture where it says "NO PHOTOGRAPHY".  They might be breaking someones rules, and could risk getting thrown out, but the picture is still theirs to keep.  The IOC could sue the photographer for breach of contract (which would be hilarious to watch the PR beating they get for that), but once again, that doesn't effect us.  In short, contracts can be broken, laws can't.

And not that I need to remind this crew, but the CC license is non-revocable, so the IOC is too late.  The photographer licensed his image under CC, and that is the end of it.  You can change the license back on Flickr, but that doesn't mean it isn't still legally available under CC.  That is the _entire_ reason we have the Flickr Reviewer bot.

-Jon

On Fri, Oct 9, 2009 at 19:41, Sage Ross <ragesoss+wikipedia@gmail.com> wrote:
---------- Forwarded message ----------
From: Sage Ross <ragesoss+wikipedia@gmail.com>
Date: Fri, Oct 9, 2009 at 10:39 PM
Subject: Re: [WikiEN-l] International Olympic Committee tells Flickr
user to change license
To: English Wikipedia <wikien-l@lists.wikimedia.org>


On Fri, Oct 9, 2009 at 4:42 PM, Fajro <faigos@gmail.com> wrote:
> On Fri, Oct 9, 2009 at 5:02 PM, geni <geniice@gmail.com> wrote:
>> 2009/10/9 Risker <risker.wp@gmail.com>:
>>> Interesting article about how the International Olympic Committee is
>>> cracking down even on CC-SA licenses:
>
> The blog of the photographer:
>
> http://richardgiles.com/2009/10/09/the-olympics-and-creative-commons-photographs/
>

That clears things up a lot, and brings up a lot of new questions.
Wikipedia is actually at the center of this whole thing: Richard Giles
changed the license on this photo of Usain Bolt (first to CC-BY-ND to
CC-BY-SA)
http://www.flickr.com/photos/richardgiles/2767537621/

at the request of a Wikipedian so that it could be added to Wikipedia
http://commons.wikimedia.org/wiki/File:Usain_Bolt_Olympics_Celebration.jpg

And Wikipedia is probably where the British merchant found the photo,
which he used to promote a book.  And that commercial use is what drew
the attention of the International Olympics Committee.  So now the
IOC, it seems, wants Giles to put the CC-BY-SA genie back in the
bottle.

What are the legal implications here?  Does the contract (private use
only for photos) implicitly agreed to by Giles when he bought a ticket
to the Olympics invalidate the CC-BY-SA license, despite that
downstream re-users (like us) weren't a party to the original
contract?

-Sage

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--
Jon
[[User:ShakataGaNai]]
http://snowulf.com/ - Blog
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This has been a test of the emergency sig system.