User talk:AlexAx

From Lostpedia

images

• High resolution images are not justified under "fair use" provision of copyrighted content. Please do not upload high resolution full screencaps. For related reading, see WP's policies. -- ^C¯ _Santa_ ¯^T 20:29, 6 July 2007 (PDT)

Right. Actually, that's a Wikipedia policy. This is not Wikipedia, nor hosted in its server. The bottom line is what the Fair Use law dictates, and it says nothing about high resolution pictures. It says that copyrighted material can be used on specific circumstances, like critical comment or research. High resolution pictures are not more or less copyrighted than low resolution images. But if that's the general consensus, I'll leave it alone. --AlexAx 03:02, 7 July 2007 (PDT)

• This is our policy as well, which is why you noticed the pattern of low-resolution images. However when a small detail from a high resolution screencap is helpful in explaining an article (for example, zooming in on an ID badge worn in a scene), that may be acceptable. Feel free to replace image details of objects or people that may benefit from a high resolution source. -- ^C¯ _Santa_ ¯^T 13:00, 7 July 2007 (PDT)

I see what you mean -- a loophole. Sorry but his is nonsense. You say that high resolution images do not fall under the Fair Use law, but then you use many pictures on places that certainly do not adhere to the Fair Use guidelines -- like this template. There’s no way Fair Use allows you to use these images here as they are.

With Fair Use, it all boils down to whether the use of copyrighted pictures hinders in any way its owner from selling their product. What do you think is worse for the owners of the product: if someone takes screenshots from purchased DVDs, or if someone downloads the episodes to take low resolution pictures. Because that's what most do.

Moreover, when I say high resolution images, I'm not referring to 960x536 pictures. I'm talking about pictures with brighter colors and definition. If I didn’t know season three is not out on DVD yet, I’d say this one right here was a high resolution image.

All I'm saying is that the site could benefit from better quality images, and since you're not complying with Fair Use on many cases, I see no reason to maintain an embargo on DVDgrabs. --AlexAx 14:39, 7 July 2007 (PDT)

Hi AlexAx. Please allow me to jump into the conversation, even if I'm only a basic-level LP user.

Your reasoning is rational and I agree with the way you clearly pose the question, although ultimately I agree with Santa's conclusion about the course to be followed. Basically, the question could be: compliance with the fair-use doctrine requires compliance with all aspects of the spirit of said doctrine, and since Lostpedia is currently not complying with some major aspects of it, thus already risking to get the site's owner sued for several hundred thousand dollars anyway, then why bother at all about some other minor aspects, why not have some fun in the process and why not just go into a big fair-use-violation fiesta? That is actually a very good question.

Here's my reasoning. First, the WP policy looks quite good. Beyond its strict nature of being a WP-specific policy, it is based on an analysis that is generally applicable to similar situations, and since LP is in a similar situation, it's a good idea to try and consider it for LP. Granted, Santa's efforts about the low- vs high-resolution images is only one thing, which doesn't change enormously the overall situation as long as LP is still violating other, more central, aspects of fair use. Still, it is one step in the right direction. Starting with the factual observation that LP is currently not complying with fair use, we can argue either that LP should not bother at all, or that LP should try and gradually become more fair-use compliant. I prefer the latter solution.

LP obviously gambles on the implicit and discretionary tolerance of ABC about some violations of some of ABC's rights. The problem is that LP has no way to know to what point this implicit tolerance would or would not extend because, of course, ABC would want to fully preserve its discretionary right to slap a suit on LP at any time or to withdraw or restrict tolerance at any time. That's one reason why caution is preferable.

Some important points of WP's fair-use practice can be easily implemented on LP with a minimum of good will. Most importantly, in particular, points 9 (location), 10a (sourcing, dammit! - Why the hell can't people on LP tell where they took an image? It didn't magically appear on their hard disk without their knowledge.), and 3a (minimal use - that one would probably meet some resistance, but heh.). Just working on those three things would bring a vast improvement to LP's fair-use compliance status or, at the very least, honesty status. -- Cheers (talk) 11:11, 2 August 2007 (PDT)