Commons:Deletion requests/Files in Category:Files by User:Steschke

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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.

Files in Category:Files by User:Steschke

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(Per the discussion at Commons:Village pump/Copyright and previous discussions at Commons:Deletion requests/Template:Nofacebook and Commons:Deletion requests/NoFacebook templates.)
Files are non-free, as the file pages state "It is not permitted to upload this file to Facebook." I believe this prohibition reflects a misunderstanding. While it may be true that Facebook's licensing terms are not compatible with CC licenses, this doesn't matter, as no one uploading a CC image to Facebook (that they didn't create themselves) can legally grant Facebook any licenses to that work. Only the author/copyright holder can legally grant licenses to the work. There is no reason for people hosting images on Commons to care about this discrepancy or any of the thousands of other incompatible terms of service on the internet. As WMF Legal states: "A social media website's terms of service do not override a license or the requirements of copyright law." Nosferattus (talk) 20:28, 21 July 2023 (UTC)[reply]

Note that I have not added deletion notices to the 2000+ individual files, but I will notify Steschke and others at the copyright village pump. Nosferattus (talk) 20:29, 21 July 2023 (UTC)[reply]
 Keep Nonsense request. Yann (talk) 20:39, 21 July 2023 (UTC)[reply]
I feel this is like saying that the movie industry shouldn't care about the Pirate Bay, because no one uploading a Hollywood movie to Pirate Bay can legally grant anyone the right to download it. In either case, other parties aren't going to worry about the fine details of legality.--Prosfilaes (talk) 21:16, 21 July 2023 (UTC)[reply]
"a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content" - how this is compatible with CC license? Agreeing to license media which was licensed to you on CC license is a copyright violation... Is WMF claiming that FB TOC is ineffective? Or that licensing does not happen? "It is not permitted to upload this file to Facebook." remains true as FB does not permit this (or license does not permit this if interpreted other way) Mateusz Konieczny (talk) 22:43, 23 July 2023 (UTC)[reply]
@Mateusz Konieczny: Yes, Facebook's TOS is ineffective in this case (and any case in which someone posts an image to Facebook that they don't own the copyright of). Facebook's TOS can't override basic copyright law. Nosferattus (talk) 01:16, 25 July 2023 (UTC)[reply]
So you are forbidden to upload it to Facebook, by Facebook - right? (with such interpretation) Mateusz Konieczny (talk) 14:03, 25 July 2023 (UTC)[reply]
 Keep - nonsense nomination but reasoning at https://meta.wikimedia.org/wiki/Legal/CC_BY-SA_licenses_and_social_media is also very confusing and looks like desperate attempt to reach desired conclusion and ignoring anything that would block it. I am confused what exactly is claimed there - that licensing third party CC work to FB under conflicting license is fine? Or that it does not happen? Or that violation would happen only if FB would try to execute this rights? Or that TOC are legally powerless? Or maybe I am wrong/confused? Mateusz Konieczny (talk) 22:59, 23 July 2023 (UTC)[reply]
BTW, previous content there actually made sense even if conclusions were sad: https://meta.wikimedia.org/w/index.php?title=Legal/CC_BY-SA_licenses_and_social_media&oldid=18923820#Can_you_post_CC_BY-SA_content_that_a_third_party_produced_on_Facebook? Mateusz Konieczny (talk) 23:01, 23 July 2023 (UTC)[reply]
You can't license an image to Facebook that you don't own the copyright of. Facebook's TOS does not override this basic legal fact. Nosferattus (talk) 01:18, 25 July 2023 (UTC)[reply]
One more reason that this DR is nonsense. Yann (talk) 05:55, 25 July 2023 (UTC)[reply]
So you are forbidden to upload it to Facebook, by Facebook - right? Alternative interpretation: uploading it to FB is a copyright violation, license forbids you to upload it Mateusz Konieczny (talk) 14:02, 25 July 2023 (UTC)[reply]
 Keep Mit dem FB-Baustein wird der potentielle Nutzer lediglich darauf hingewiesen, dass die Lizenz nicht mit den Nutzungsbedingungen von FB kompatibel ist und damit eine Verwendung der Medien auf FB eine Urheberrechtsverletzung darstellen würde. Der typische FB-User könnte in Unkenntnis der Rechtslage sonst davon ausgehen, dass er die Medien für FB nutzen dürfe (was leider oft genug geschieht). Es handelt sich daher um eine Klarstellung und keine Einschränkung der Nutzungsbedingungen. --ST ○ 20:07, 29 July 2023 (UTC)[reply]

Kept: no valid reason for deletion. --Yann (talk) 20:16, 29 July 2023 (UTC)[reply]

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