Gregory Maxwell:
The stock.xchng site rules (which presumably the
uploader and
downloader have both read) states that "1. Selling and redistribution
of these photos (individually, or as a whole) without written
permission is prohibited. Using the photos in
website templates, on postcards, mugs etc. doesn't count as selling or
redistribution, however you are not allowed to build a gallery using
the photos you downloaded from here." so when a user indicates that
there "are no usage restrictions" it would appear quite clear that
they are speaking in terms of condition 1 on the website.
No, this is not clear at all. In fact, the upload form contains no link
to the terms of service; it links to
http://www.sxc.hu/info.phtml?f=license
which says nothing at all about any further restrictions. When I upload
a file, I get a dropdown:
usage rights [no restrictions ]
contact me
contact me and credit me
written permission needed
This is the only grant that takes place. For the purposes of Wikimedia,
we have always considered {{CopyrightedFreeUse}} to allow for distribution.
Even if you disagree that usage and redistribution are
distinct, the
terms on the stock.xchng website make it quite clear that the
licensesor of the works considers them distinct for the purpose of
establishing your rights to redistribute his works.
Not at all. For example, the TOS also state
"You are not allowed to use these images to promote adult
oriented and dating services."
This is clearly a restriction on *use*, even if the uploader specifies
no usage restrictions. The TOS contradict the copyright holder's own
explicit assignment. They are irrelevant. (It is also quite likely that
they were written before sxc.hu had a usage rights dropdown, as this was
only added in version 4 of their software.)
Wikipedia has grown past the point where we need to
rely on grey
legality images,
I do not consider this grey at all, and nor does the vast majority of
the Wikimedia Commons community, including Villy, who is a judge and
also provides legal advice to Wikimedia. However, if an sxc.hu uploader
feels that one of their images is improperly used, then we will of
course take that into account.
Erik