Commons:Deletion requests/File:Nudes-A-Poppin 2009 0005.jpg
Jump to navigation
Jump to search
This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.
Wikimedia must file 2257 Regulations documents in order to keep this file; US law requires that the Wikimedia Foundation obtain and maintain records proving that the model is of legal age. Unless it's done this image must be deleted. The same is true for just about ALL the image in Category:Nudes-A-Poppin' 2009 which show identifiable people. 65.78.114.251 09:25, 6 February 2014 (UTC)
Keep You are wrong, see Help:Sexual_content#The_Child_Protection_and_Obscenity_Enforcement_Act: "Wikimedia Foundation's counsel has advised that Wikimedia Commons and other projects are under no obligation to keep records on the age and identity of models shown in media depicting sexually explicit conduct." The Nudes-A-Poppin events BTW are for a large (presumably paying) public, but organised by some private corporation or society on grounds owned by some club, in Indiana. Given the current state of US laws, I'm very confident they make damn sure that no minors are even present at the event, let alone among those displaying themselves. --Vydra (talk) 17:59, 6 February 2014 (UTC)
- "organised by some private corporation or society on grounds owned by some club, in Indiana" has no legal bearing. In fact, they could have the legal age of 12 in there for argument's sake (it doesn't matter whether that club in Indian did everything by the book, that has no legal bearing on OUR problem.). The law by which the Wikimedia Foundation is bound to is 18 U.S.C. § 2257. And the law is simply not met in this situation. I doubt they have any intention to start book-keeping all these images and that's why they have to be deleted. --65.78.114.251 00:00, 7 February 2014 (UTC)
- Your quoted text references http://commons.wikimedia.org/w/index.php?diff=39225950&oldid=39225824 where a claim is made that the Foundation is 'not the producer' of the images. This assessment is actually wrong. The law is VERY clear about "secondary producers" = anyone who "publishes, reproduces, or reissues" explicit material. Wikimedia does all these things thereby are legally bound to the 2257 filing. --65.78.114.251 23:37, 6 February 2014 (UTC)
- Moreover, recently (July 18, 2013), in FREE SPEECH COALITION, INC. et al v. THE HONORABLE ERIC H. HOLDER, JR. (see ruling here) a federal judge struck down the argument of free speech with regard to 18 U.S.C. § 2257. The ruling pretty much cements the book-keeping requirements. The Wikimedia Foundation is not exempt from that law for some magic reason... --65.78.114.251 23:49, 6 February 2014 (UTC)
- Then make your case elsewhere. The current status is that Commons says it does not need to keep those records. If you want to change that, start in a more appropriate venue. A deletion request for a specific image is the wrong place. --Vydra (talk) 11:35, 7 February 2014 (UTC)
Kept: per Vydra Denniss (talk) 12:26, 16 February 2014 (UTC)
This file was uploaded by someone not affiliated with Nudes a poppin. The onwer of the pic has not right to associate the pic with this listing. Please remove ASAP!!— Preceding unsigned comment added by Chitownkindaguy (talk • contribs) 01:50, 6 May 2014 (UTC)
