Commons:Deletion requests/Files in Category:Photographs by Milan Nykodym

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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:Photographs by Milan Nykodym

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Although the images by the flickr user "Milan Nykodym" are published under free licenses, he does use a very restrictive premise for a possible reuse of their photos. He states that all of their files are "All Rights Reserved".
Original text from his flickr page:
Copyright Notice: All of my images are "All Rights Reserved". They must not be reproduced in any way, unauthorized use is strictly prohibited. If you wish to use any of my images for any reason/purpose please contact me for written permission.
These files should get deleted on the basis of the COM:PCP.

High Contrast (talk) 12:13, 29 October 2013 (UTC)[reply]

  •  Keep I am sorry, but this is sheer fucking lunacy. I contacted the photographer in early September and asked them to change the licence, using my standard email which I used. Before this time the photos were marked (C) ARR. In going through my contacted people, I noticed that he had changed the licences, obviously as a result of my email to him. I contacted him last week thanking him for licencing his photos under CC-BY-SA-3.0 and that I look forward to seeing more images in the future. Nothing more needs to be done, other than close this as an obvious keep, and let's start putting a halt to such nominations. russavia (talk) 12:37, 29 October 2013 (UTC)[reply]
  •  Keep I have a conversation with him two days ago. I too asked him about that text on his profile page and he replied me "Wikimedia representatives have asked me for the permission". Record it at OTRS, if required JKadavoor Jee 12:47, 29 October 2013 (UTC)[reply]

I am surprised about the aggressive tone presented by an individual above. which I am confronted with. Very obviously there is something not ok. There is no OTRS-permission, but there should be one created for that. Russavia should store should create some OTRS permission which he should have done previously. Or, ask the flickr user to modify or remove their statement on the flickr site. --High Contrast (talk) 12:56, 29 October 2013 (UTC)[reply]

When licences are clear, we should not require our volunteers to act like a dog jumping through flaming hoops. Common sense goes a long way, and this project requires more of it on such occasions. russavia (talk) 13:32, 29 October 2013 (UTC)[reply]
I agree. I expect a more matured response from our experienced users. He knows the procedures better than many. (Further, it is good to clarify whether that permission is only for Wikimedia use; a fair use license which is not eligible for Commons. I hope Milan Nykodym will give enough permissions.) JKadavoor Jee 13:04, 29 October 2013 (UTC)[reply]
I hope so, too. His photographs are very good. Thanks for your support. --High Contrast (talk) 13:11, 29 October 2013 (UTC)[reply]
We don't need to clarify anything, as my email to them requesting a licence change makes it all pretty clear what usage is for. Me being a "Wikimedia representative" is simply me introducing myself as a Wikimedia project editor. All these hoops are ridiculous; it is the reason that Flickr allows people to change licences on their photos. This is all that we require! russavia (talk) 13:24, 29 October 2013 (UTC)[reply]
High Contrast, I am not pissed with you, but at what I am seeing on this project with clearly freely licenced materials, often obtained due to hard work of volunteers, being deleted because of trivial nonsense, such as what is raised above. I am a staunch defender of Commons, but when people say how fucked Commons is, the recent raft of DRs I have seen on such things is one thing that this project clearly needs to lift its game on, for it pisses off contributors to our projects, and particularly as there is no previous discussion, just a DR. And FYI, I will not be doing anything by OTRS, as the licence is pretty clear! russavia (talk) 13:21, 29 October 2013 (UTC)[reply]

Russavia, do you really need words like "fucking" or "fucked". What happened to your "stay-mellow-style"?
And no, you are not a "Wikimedia representative", you are a Wikimedia user for whom the same rules apply as to anyone else and as such you need to provide evidence that these files are not "ALL RIGHTS RESERVED". COM:OTRS is the best to handle this here. --High Contrast (talk) 13:32, 29 October 2013 (UTC)[reply]

Yes, I do need such words. I like the word 'fuck', it's so fucking versatile. The evidence that these files are not ARR is staring you in the face on EVERY image page on Flickr (rather than a profile page), and is also staring you in the face on EVERY image page on Commons where the licence has been confirmed. There is no need to make any editor to perform dog tricks by jumping through flaming hoops. Such things are sheer idiocy. russavia (talk) 13:38, 29 October 2013 (UTC)[reply]
  •  Comment User:Jkadavoor, if you've been in contact with the photographer, perhaps you can help us by asking the Flickr user to clarify on the profile page that this doesn't apply to CC-licensed files (I honestly don't know how Flickr works, can a CC license be selected for individual files or just for an entire account)? However, I'd say we should  Keep it even if that does not happen, because the CC license very clearly states in section 8e: This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You. I think no reasonable court would interpret the situation any other way than that these files are indeed CC-licensed. darkweasel94 13:47, 29 October 2013 (UTC)[reply]
  • I sent a mail and requested to change the profile page accordingly. The Flickr profile page is just like our Wikimedia user page; it is not the place to provide the license. But Flickr has provisions to set the default license for future uploads, change the license of existing files (individually, per set or for all files). Here, it seems the user changed the license of all his files considering the request of Russavia. The only doubt is whether he/she understands all the consequences of a CC license; many Flickr users misunderstand it and think they can revert it any time. Let us see what he tell/do. JKadavoor Jee 15:45, 29 October 2013 (UTC)[reply]
Thank you! --High Contrast (talk) 16:07, 29 October 2013 (UTC)[reply]
He edited his profile page, as suggested. Russavia, we can make the Wikimedia world more friendly, if we are willing to hold our bad temper for a few hours. :) I appreciate your efforts to gather more wonderful works to our gallery. But, at the same time, we can't blame, if an admin is conscious on preventing any copyright violations. So I appreciate High Contrast, in that matter too. Thanks all. JKadavoor Jee 02:17, 30 October 2013 (UTC)[reply]
Thank you for helping, and thanks to the author (if he reads this) for clarifying! I think now we can definitely  Keep it. darkweasel94 08:14, 30 October 2013 (UTC)[reply]

Kept: Flickr-User changed the permission-text on his Flickrpage: """ Some of my works are CC BY-SA 2.0 licensed (creativecommons.org/licenses/by-sa/2.0/legalcode); so you can user them subject to the terms and conditions of that license. But you must attribute the work as "© Milan Nykodym, Czech Republic" and use the same license for your reuse.1""" -- Steinsplitter (talk) 09:17, 30 October 2013 (UTC)[reply]

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