Commons:Office actions/DMCA notices/2015

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Flipperfoxfoxmike

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 11:05, 30 April 2015 (UTC)

As a courtesy to the photographer who is concerned for the copyright of their work, could you please redact the photograph you have chosen to include in your PDF publication of the DMCA notice on the WMF website? Thanks --Fæ (talk) 11:34, 30 April 2015 (UTC)
Why? It's a clear fair use, without the problem of us and others using it as if it were free.--Prosfilaes (talk) 14:01, 30 April 2015 (UTC)
@Prosfilaes: Commons does not support fair use, therefore hosting files under fair use here on commons is not allowed. --Steinsplitter (talk) 14:45, 30 April 2015 (UTC)
@Steinsplitter: As far as I can see, the file is hosted at wikimediafoundation.org, not Commons. --El Grafo (talk) 15:15, 30 April 2015 (UTC)
Oh. True :-). Misread. --Steinsplitter (talk) 15:25, 30 April 2015 (UTC)
In general we publish the whole recieved request (redacting some specifically personal information) and I actually think that having the photo included is both legally logical and a good idea in general. Commons users have repeatedly asked me exactly what was deleted so that they can verify the legitimacy of the deletion and challenge the DMCA if it's problematic and I believe the transparency of keeping it is better then the (very understandable) courtesy of deleting it. I will ask the lawyers again, but I am not inclined to redact the photo itself. Jalexander--WMF 17:32, 30 April 2015 (UTC)
Anyone else find it amusing that the url they included in the takedown notice is incorrect (There is a space where there should be an underscore). Bawolff (talk) 19:55, 30 April 2015 (UTC)

File:A village in Gandaki, Annapurna Range, Nepal.jpg Takedown

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Maggie Dennis (WMF) (talk) 08:02, 23 May 2015 (UTC)

This has been uploaded by Flickr upload bot on 19 June 2014 from Flickr (original source link) where it has been apparently taken down as well. The Flickr user 66555845@N00 has already been added to Commons:Questionable Flickr images with the rationale album of birds stolen from other flickr-users. --AFBorchert (talk) 08:37, 23 May 2015 (UTC)
We still have >388 files from this flickr user, see Category:Photographs by Mukesh Jain. In this files I count many different cameras (Canon EOS 350D, 400D, 500D, 1000D, 20D, 30D, Poweshot S5, Poweshot A53; Nikon D90, D70, D60, Coolpix S10; Sony Cybershot, DSC W55, DSC T700; Panasonic DMC LX2, FZ5, FZ18; others). In most cases one camera only covers one group of images. I dont think the problem is with some bird photos, i suspect the user is stealing groups of photos from other users. --Martin H. (talk) 13:02, 23 May 2015 (UTC)
>510 files, found more with more cameras, some files even have watermarks. --Martin H. (talk) 13:08, 23 May 2015 (UTC)
Speedydeleted all files. Seems to be a clear case of COM:LL. Best :-) --Steinsplitter (talk) 17:26, 23 May 2015 (UTC)
Thanks. Has the Flickr-account been added to our "black list" (COM:QFI) ? --Túrelio (talk) 16:25, 24 May 2015 (UTC)
I think so, See AFBorchert's comment above :-) --Steinsplitter (talk) 18:09, 24 May 2015 (UTC)
I'm wondering, could a bot be setup to compare an image from Flickr to an image here and generate a list of potential images affected? Reguyla (talk) 01:37, 1 July 2015 (UTC)

@Mdennis (WMF): (or anyone else with access to the deleted file), the DMCA notice refers to http://www.gettyimages.co.uk/detail/photo/village-with-the-breathtaking-backdrop-of-high-res-stockphotography which no longer exists. Any idea why? Could someone please do a Google Image search to see if it has been published elsewhere, and if the license claimed has changed? Thanks --Fæ (talk) 16:02, 11 January 2017 (UTC)

@Fæ: It is Getty Image #148895001, located at http://www.gettyimages.com/license/148895001. (t) Josve05a (c) 20:03, 11 January 2017 (UTC)

Baffin Island fjord

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 23:47, 30 June 2015 (UTC)

FWIW, the Flickr account that was the source of this license laundering has already been closed, and searching for the Flickr username and userID on Commons doesn't give any other results. Revent (talk) 03:22, 1 July 2015 (UTC)
Looks like it was this photo by Gordon Wiltsie (not Chris Toombes). Good deletion. —LX (talk, contribs) 18:00, 2 July 2015 (UTC)

A Group Of Ants

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 19:27, 27 August 2015 (UTC)

Only 2 files uploaded by this user, both deleted. Yann (talk) 20:00, 27 August 2015 (UTC)

Pappa Fourway

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 23:20, 2 September 2015 (UTC)

Following this, I nominated for deletion other images of the same type from this user: Commons:Deletion requests/Files uploaded by Tigerboy1966. Regards, Yann (talk) 09:29, 3 September 2015 (UTC)

The Boeing Company

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 23:49, 18 November 2015 (UTC)

Both of these files were sourced to a since deleted Boeing Dreamscape Flickr account. Does anyone know if this means that the "Boeing Dreamscape" Flickr account that was at the center of Commons:Deletion requests/Files in Category:Photographs by Boeing Dreamscape ('kept' result) actually lacked the necessary authorization to release the entire set of photos under a CC license, or if these two files are an exception to what was otherwise an authorized upload to flickr? —RP88 (talk) 00:15, 19 November 2015 (UTC)
That request seems strange and incomplete/invalid as there's no reason for removal stated. If the Flickr account was authorized then the images were correctly licensed and this DMCA takedown notice is actually an abuse.--Denniss (talk) 00:46, 19 November 2015 (UTC)
I agree, the request is kind of odd. If the Flickr account was not authorized, it's strange that Boeing only requested the deletion of two of the images. On the other hand, if the account was authorized then the CC license is not revokable. If we assume the "Boeing Dreamscape" Flickr account was authorized, the only explanation that makes sense is if Boeing itself did not have the necessary rights to release those two images under a CC license. The two photos that they requested to be deleted were from the 1960's, while, as far as I can tell, the rest of the set are contemporary images. So I guess it's possible that Boeing acquired the exclusive rights to distribute these two photos from a third-party, but Boeing doesn't actually have the authority to release them under a CC license. —RP88 (talk) 01:38, 19 November 2015 (UTC)

Etna.png

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me.The takedown can be read here.

Affected file(s):

Thank you! Jalexander--WMF 02:29, 19 December 2015 (UTC)

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