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Friday, February 2, 2018

On Wednesday, English football club Arsenal FC announced signing Gabonese striker Pierre-Emerick Aubameyang from German club Borussia Dortmund (BVB) on “a long-term contract” which runs until 2021. The deal is worth about £56 million, making Aubameyang the costliest player in the history of the club.

The 28-year-old striker joined Borussia in 2013 from French club Saint-Etienne, and since then, scored 141 goals in 213 matches for BVB. In German Bundesliga, he scored 98 goals, scoring one goal in 116 minutes on average. During his tenure at the Signal Iduna Park, the Gabonese captain won the 2017 DFB-Pokal (German Cup).

Aubameyang scored 31 goals in Bundesliga last season. Aubameyang was named 2016 Bundesliga player of the year. A year earlier, in 2015, he won African Footballer of the Year award. He has 56 international caps with Gabon and has netted 23 goals.

Via their official website, Arsenal announced Aubameyang is to wear jersey number 14, previously worn by Theo Walcott until last month when he moved to Everton FC. The Gabonese, who has already scored 21 goals in 24 games this season, reunites with Armenian midfielder Henrick Mkhitaryan. They were teammates at Dortmund until 2016, when Mkhitaryan moved to Manchester United. Mkhitaryan’s transfer to the London club came in exchange of Chilean forward Alexis Sanchez moving from Arsenal to their rivals Manchester in a swap deal.

Dortmund had signed Belgian footballer Michy Batshuayi from Chelsea on loan before Aubameyang’s deal was agreed upon. With Aubameyang’s arrival, French forward Olivier Giroud moved to Arsenal’s cross-town rivals Chelsea. In summer, Arsenal had signed Alexandre Lacazette for a then-club record fee of around £46.5 million.

A compilation of brief news reports for Thursday, August 13, 2009.

The French capital Paris has seen a second night of violence by demonstrators, who have blamed police for the death of a motorcyclist on Sunday.

On Sunday night youths in the eastern suburb of Bagnolet, set 29 vehicles alight and threw stones and petrol bombs at police. Monday night was “relatively calm” according to Samira Amrouche, spokeswoman for the regional administration, the authorities having depolyed 40 vans of riot police only 8 vehicles were burnt.

The motorcyclist, a pizza deliveryman, was killed when he fled police attempting to examine his documents, dying when he was struck by a pursuing police vehicle according to the youths,however in the police version his death was a result of him crashing into barriers.

The current violence has echoes of the unrest in 2005, with again dissaffected youths of Arab and black descent venting their anger and frustration.

Sources

• “Paris suburb youths fight police” — BBC Online, August 11, 2009
• “Plea for calm after Paris violence” — Press Association, August 11, 2009

The leaders of the North American Free Trade Agreement (NAFTA) met in Guadalajara, Mexico on Sunday and Monday. The leaders of the three countries (Barack Obama of the United States, Felipe Calderón of Mexico, and Stephen Harper of Canada) promised to work together on swine flu, organised crime and green issues.

Despite disputes in a number of areas remaining unresolved, the three leaders succeeded in presenting an amiable Three Amigos image. The three leaders expressed solidarity, and an understanding of each others position.

The unresolved issues include the buy American clauses in the US stimulus package, tit for tat reprisals by the Mexican authorities over Canadian visa restrictions on Mexican travellers, and the US ban on Mexican trucks from crossing the border.

Risking the ire of human rights activists back home President Obama expressed support for President Calderón’s war against drugs saying he had “great confidence” in the Mexican authorities.

Sources

• An. “Canadian and Mexican leaders fail to reach agreement on visas” — Xinhua News Agency, August 11, 2009
• An. “North American leaders wrap up summit, joint statement embodies cooperation” — Xinhua News Agency, August 11, 2009
• Tanya Huntington Hyde. “Ignoring Mexico’s human rights abuses” — The Guardian, August 11, 2009
• “Border ban angers Mexico truckers” — BBC Online, August 09, 2009

Mexican Federal Police (Policía Federal) have foiled an alleged plot to assasinate the President of Mexico Felipe Calderón. Acting on intelligence gathered over a year the Federal Police arrested five drug cartel members on Sunday and publicly paraded their captives and a number of weapons ,including automatic rifles, on Monday. Speaking during a summit of North American leaders Calderón played down the threats on his life, saying that the cartels are being destroyed by his policies.

Some 11000 have died since President Calderón’s took office in 2006 and made the war on drugs a cornerstone of his administration.

Sources

• “Drug cartel allegedly plotted to kill Mexican leader” — CNN, August 11, 2009
• “Mexican police foil drug cartel plot to kill president” —  August 11, 2009
• Julie Watson. “Mexico: Suspect plotted to kill president” — Associated Press, August 10, 2009

Aung San Suu Kyi has been sentenced by a court in Burma to a further three years of house arrest for violating the terms of her previous sentence. However her sentence was immediately commuted to 18 months on the orders of Burmese head of state Senior-General Than Shwe out of respect for her father General Aung San and out of a desire for “national reconciliation”.

The period of her arrest will prevent Aung San Suu Kyi from participating in the general elections scheduled for 2010. The sentence was immediately condemned by Western leaders, and breaking from their usual silence, the Association of South East Asian Nations (ASEAN) through its current chair Thailand issued a statement expressing disappointment. The ASEAN statement and talk of further European Union and United States sanctions are unlikely to have any impact on Southeast Asian country given the support of India and China.

The Chinese issued a statement calling for the world to respect Burmese sovereignty and laws, and is seen as an indication that China, a veto power will not support any United Nations actions.

John Yettaw whose unauthorised visit led to Aung San Suu Kyi’s prosecution has himself been sentenced to seven years imprisonment, four of which will be for hard labour.

Sources

• “Asian regrets at Suu Kyi verdict” — BBC Online, August 12,2009
• Li. “Myanmar gov’t gives reasons to commute Aung San Suu Kyi’s sentence” — Xinhua News Agency, August 12, 2009

Four employees of the Rio Tinto Group have been formally arrested in China on charges of bribery and using improper practises in its negotiations with Chinese companies. The Chinese accuse the men of improperly learning the negotiating position of Chinese companies wishing to buy iron ore, and through this charging 700 billion yuan (US$102.46 billion) more then they would otherwise have been able to

The four were initially held on espionage charges and have been held since early July. The formal charges allows the Chinese authorities to hold the four a further seven months as it prepares its case against them. Their arrests followed the collapse of an attempted by Chinese owned Chinalco to raise its stake in the Anglo-Australian Rio Tinto Group to 18%.

Sources

• Anne Barrowclough. “Rio Tinto China executives charged with bribery” — The Times, August 12, 2009
• “Watchdog on secrets: Rio caused “huge loss”” — Xinhua News Agency, August 10, 2009
• “A souring relationship” — The Economist, August 10, 2009

Michael Jackson will be the star of a film to be released on October 28, some four months after his death. The film will be primarily cut from footage of Jackson rehearsing for the series of concerts that would have taken place at the O2 in London, but will also feature interviews with Jackson’s family and friends.

The film becomes possible after AEG Live, the promoter of the O2 concerts, reached an US$60 million agreement with Columbia Pictures for over 100 hours of footage of Jackson preparing for his swan song.

“He was the architect of ‘This is it‘, and we were his builders…” said Kenny Ortega, Jackson’s collaborator on the project “…it was clear that he was on his way to another theatrical triumph.”

Sources

• Rosie Swash. “Michael Jackson film gets October release date” — The Guardian, August 11, 2009
• “Michael Jackson rehearsal film set for worldwide cinematic release” — New Musical Express, August 11, 2009

Wednesday, January 9, 2008

This year Israel turns sixty and it has embarked upon a campaign to celebrate its birthday. Along with technology writers for Slate, PC Magazine, USA Today, BusinessWeek, Aviation Weekly, Wikinews was invited by the America-Israel Friendship League and the Israeli Foreign Ministry to review Israel’s technology sector. It’s part of an effort to ‘re-brand the country’ to show America that there is more to Israel than the Palestinian conflict. On this trip we saw the people who gave us the Pentium processor and Instant Messaging. The schedule was hectic: 12-14 hours a day were spent doing everything from trips to the Weizmann Institute to dinner with Yossi Vardi.

On Thursday, the fifth day of the junket, David Saranga of the foreign ministry was able to arrange an exclusive interview for David Shankbone with the President of Israel, Nobel Peace Prize recipient Shimon Peres. For over an hour they spoke about Iranian politics, whether Israel is in danger of being side-lined in Middle Eastern importance because of Arab oil wealth, and his thoughts against those who say Israeli culture is in a state of decay.

Shimon Peres spent his early days on kibbutz, a bygone socialist era of Israel. In 1953, at the age of 29, Peres became the youngest ever Director General of the Ministry of Defense. Forty years later it was Peres who secretly gave the green light for dialogue with Yassir Arafat, of the verboten Palestine Liberation Organization. It was still official Israeli policy to not speak with the PLO. Peres shares a Nobel Peace Prize with Yitzak Rabin and Arafat for orchestrating what eventually became the Oslo Accords. The “roadmap” that came out of Oslo remains the official Israeli (and American) policy for peace in the Palestinian conflict. Although the majority of Israeli people supported the plans, land for peace was met with a small but fiery resistance in Israel. For negotiating with Arafat, former Prime Minister Benjamin Netanyahu shouted at Peres, “You are worse than Chamberlain!” a reference to Hitler’s British appeaser. It was during this time of heated exchanges in the 1990s that Yitzhak Rabin was assassinated by Yigal Amir, a Jew who thought it against Halakhic law to give up land given by God (Hashem).

Peres is the elder statesman of Israeli politics, but he remembers that he has not always been as popular as he is today. “Popularity is like perfume: nice to smell, dangerous to drink,” said Peres. “You don’t drink it.” The search for popularity, he goes on to say, will kill a person who has an idea against the status quo.

Below is David Shankbone’s interview with Shimon Peres, the President of Israel.

Thursday, March 30, 2006

Charlie Sheen, appearing on cable television news network station CNN on March 24, questioned the credibility of the theory that 19 hijackers caused all of the destruction to the World Trade Center.

Sheen said; “It seems to me like, you know, 19 amateurs with box cutters taking over four commercial airliners and hitting 75 percent of their targets, that feels like a conspiracy theory… I am an American citizen that loves my country…. People want the truth. They want the truth. And what’s been offered to us resembles nothing of the sort.“

In recounting his reaction on the day of the event, Sheen said,”I was up early and we were gonna do a pre-shoot on Spin City, the show I used to do. I was watching the news and the north tower was burning. There was a feeling, it just didn’t look like any commercial jetliner I’ve flown on any time in my life and then when the buildings came down later on that day I said to my brother, ‘Call me insane but did it sorta look like those buildings came down in a controlled demolition?’”

Writer Marc Jacobson, of the New York magazine, who co-appeared with Sheen on the same program said in response: “Well, I think he’s doing a reasonable rendition of what other people that believe in this stuff say. And when he says he has his facts straight, I mean, I think the facts are in question. I mean, I think, just because you know what it says on all of these different Web sites doesn’t mean that that’s necessarily the fact. That’s the reason why the United States government, with their endless amounts of resources, let us down by not doing the proper work on the 9/11 Commission. That’s a real problem. Well, you know, but, I mean, it’s just one of those kind of things where you do this work and nobody really cares, but then Charlie Sheen is interested, so then everybody is interested, and that’s fine. You know, obviously, this material needs to be looked at again, because there’s been a lot of problems with the 9/11 Commission report. People feel it’s not adequate. Most of the people who had lost people during that time feel it’s not adequate. And it’s just I think we’re living in a truth vacuum, in a sense, that any time there’s a truth vacuum, these ideas — because people are smart. They put two and two together. Sometimes they get five; sometimes they get 12, but sometimes they get 11, like 9/11, but sometimes they get four. And the thing is that, if you have a situation where the so-called facts are covered up and aggressively covered up, then you’re going to get these conspiracy theories.” One website is claiming that Google had been censoring out any news articles relating to Sheen and 9/11 from it’s search engine.

Regarding the plane that hit the Pentagon, Sheen also has questions: “Just show us how this particular plane pulled off these maneuvers… It is up to us to reveal the truth. It is up to us because we owe it to the families, we owe it to the victims, we owe it to everyone’s life who was drastically altered, horrifically, that day and forever. We owe it to them to uncover what happened.”

Some supporters of Sheen’s theories have complained about the lack of mainstream media coverage. They point to CNN’s recent cancellation of Ed Asner’s interview on Showbiz Tonight, where he was expected to support Sheen’s position, as an example of the “media blackout”.

Marina Hyde of The Guardian proposed a theory of her own with regard to Sheen: “Frankly, with dentistry as expensive as yours, you simply can’t afford to let The Man stamp his jackboot down on your face, and so it is that when faced with the inquiry ‘did Lee Harvey Oswald act alone?’, you find yourself thinking: ‘God, I mean… do any of us? Like, he had to have people, you know? At least an agent and a publicist.'”

Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Monday, September 5, 2011

According to United States diplomatic cables passed to WikiLeaks, Mayawati, Chief Minister of the Indian northern state Uttar Pradesh, made use of her private jet to have sandals collected from Mumbai.

Mayawati, a member of the Bahujan Samaj Party (BSP) – which claims to follow a Dalit Socialism ideology – self-identifies as a Dalit. The Dalits are largely those traditionally regarded as Untouchables within Indian society.

One cable, named “Portrait of a Lady”, recently published by WikiLeaks describes the 55-year-old Mayawati as, “a first-rate egomaniac who is obsessed with becoming prime minister”.

“When she needed new sandals, her private jet flew empty to Mumbai to retrieve her preferred brand,” a cable dated October 23, 2008 states; adding, the chief minister is paranoid about her security and fears assassination, employing food tasters to guard against poisoning. The US embassy documents state Mayawati celebrates her birthday each year by receiving millions of dollars in gifts from party members, civil servants and business people whilst officials vie for a chance to feed her cake. An account of Mayawati making a state minister do sit-ups in front of her as punishment for a minor protocol error is included.

Further allegations report a cost of $250,000 to run as a parliamentary candidate for the BSP headed by Mayawati; this allegedly due to institutionalised corruption. “She constructed a private road from her residence to her office, which is cleaned immediately after her multiple vehicle convoy reaches its destination,” the cables claim.

Mayawati, often referred to as the “Dalit Queen”, has been criticised many times, notably for the building of numerous statues of Buddhist and Dalit icons, and of herself.

The single, ex-school teacher, has as-yet not responded to the allegations made in the newly published cables.

Tuesday, August 23, 2016

The following is the third edition of a monthly series chronicling the U.S. 2016 presidential election. It features original material compiled throughout the previous month after an overview of the month’s biggest stories.

In this month’s edition on the campaign trail: two individuals previously interviewed by Wikinews announce their candidacies for the Reform Party presidential nomination; a former Republican Congressman comments on the Republican National Convention; and Wikinews interviews an historic Democratic National Convention speaker.