Wikipedia:Deletion review/Log/2009 May 28

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28 May 2009[edit]

The following is an archived debate of the deletion review of the article above. Please do not modify it.
Lnlwedding.jpg (talk|edit|history|logs|links|watch) (article|XfD|restore)

Feel that deletion was unreasonable.

I contacted the closing administrator, Stifle, about reconsidering this image's deletion before I brought it here, but he declined. As I stated in the deletion debate and to Stifle on his talk page: "...[This image] is not decorative in the Supercouple article, in which it is used as the main image. This is the couple who started the term supercouple, which is very much sourced and commented on within the article. There is no free alternative image to use for this couple at their wedding (which started the initial supercouple era), and using any other couple as the lead (intro) image in the article simply because that image is free would be ludicrous. A free image of a celebrity supercouple as the lead image will not do, when taken into consideration that celebrity supercouples did not define the term and came after soap opera supercouples (at least when referencing the term supercouple)."

In addition to that first argument of mine about this, I must also state what I stated on my talk page and Stifle's: "I do not see at all how it is against Wikipedia's image policies by being used as the main image in the Supercouple article, considering that it is displaying the appearance of a fictional couple who 'created' the term and the event at which the term was coined, as noted in the lead and discussed within the article. Its use is more valid within that article than any other fair-use image there."

Newer arguments: I must also note that Damiens.rf, who nominated this image for deletion, did not seem to feel that this image was decorative in the Supercouple article. He nominated the image more so due to it being decorative in the Luke Spencer and Laura Webber article. Thus, I argue that it simply being decorative there does not discount its validity in the Supercouple article, which is why I removed it from the Luke Spencer and Laura Webber article during the debate. In addition, one of the administrator's (Quadell) in the deletion debate for this image voted a "Weak delete" and in a way that seemed to suggest I do something with the lead to better validate this image's use there. In Stifle's closing decision for this image, he also did not seem to feel that this image necessarily fails Wikipedia's image policies. All of this tells me that there is some validity in keeping this image as the lead image for the Supercouple article. Further, Stifle also voted "Delete" regarding images Famous Luke and Noah kiss.jpg and Angie crying on Jesse's chest upon his death.jpg, while Quadell (who closed those two image discussions as "Not deleted") stated that they clearly pass Wikipedia's image policies. This makes me wonder how fair these image deletion debates are if they are more about opinion than policy.

Basically, I do not feel the Lnlwedding.jpg was simply decorative in the Supercouple article, any more than a non-free image of a fictional character used as the lead (intro) image of that character's article. Sure, the Supercouple article is not solely or even mostly about Luke and Laura, but they are the couple who started the term/"gave birth" to the term and the article is based on that/on them. More critical commentary about their groundbreaking wedding, which started the supercouple era, can also be added to the Legends section of the article. This imagery was seen by 30 million viewers and can clearly be significantly commented on further down within the article (in the Legends section). Flyer22 (talk) 22:57, 28 May 2009 (UTC)[reply]

  • Thanks to this nomination, I had to navigate through the 11,458 clicks necessary to find Stifle's talk page and read it. :(

    Using non-free images is always a bit tricky, and I think admins have a duty to err on the side of caution, so my starting point is sympathetic to Stifle, but having said that: does the non-free image in question appear anywhere else on the web, where I might be able to look at it?—S Marshall Talk/Cont 23:39, 28 May 2009 (UTC)[reply]

    • Comment/Reply. I apologize for your having to search for the discussion I had with Stifle. Stifle does not have a table of contents on his talk page, and I subsequently did not think to link to it. For others, you can find the discussion I had with Stifle about this topic on his talk page in this link under the title Lnlwedding.jpg.
    • While I am sure that this non-free image can be found elsewhere on the web, as can the images Famous Luke and Noah kiss.jpg and Angie crying on Jesse's chest upon his death.jpg, I feel that this image falls into the fair-use category partly for the same reasons that Famous Luke and Noah kiss.jpg and Angie crying on Jesse's chest upon his death.jpg do...and for the reasons I explained above. Also, there is no free alternative that can display this same event/this same fictional couple. Flyer22 (talk) 23:53, 28 May 2009 (UTC)[reply]
  • Endorse - The "kiss" and the "dying character" images we're kept due to a bad judgment by Admin Quadell, that seems to believe that once plot passages are discussed by other sources, their discussion on Wikipedia get magically more complicated, and so, in the need of an image to illustrate. Quadell's decision shouldn't be used as a precedent, since I'm planing to put them for review in a while. As for this couple's image, I don't have to see the characters to understand a paragraph stating they were the first supercouple ever. And we have no obligation to illustrate the Supercouple ever with and image of the first supercouple. Any supercouple can do the job. --Damiens.rf 00:14, 29 May 2009 (UTC)[reply]
    • Comment. Disagree with Damiens.rf's comments about Quadell's decision regarding the other two images and this one. Quadell was following policy, as other editors also felt that he was. It is just that some editors and administrators here at Wikipedia interpret Wikipedia's image policies differently. Saying that we do not need an image of Luke and Laura to understand that "they were the first supercouple ever" is like saying that we do not need an image of a fictional character to understand that fictional character and what is noted about them. What a character looks like is arguably significant to understanding that character. The same goes for a fictional couple, in which an article is about -- or, in this case based on -- them. In the same way that an image of a fictional character is perfectly allowed for the lead (intro) image of his or her (or its) article on Wikipedia due to it being the subject of that article, so is an image of Luke and Laura who are being discussed within the article and "created" the term after which the article is named. Anyone reading the lead of this article or the Legends section of it will want to know who Luke and Laura are/what they look like. But it is also not merely about what they look like (or rather looked like back then); it is also about the fact that this image does significantly increase the reader's understanding of this topic, is noted within the article, and can be provided with significant critical commentary in the Legends section about the further importance of this imagery/couple. From what I have read of Wikipedia's image policies, the other two images pass and so does this one. It is not about precedent (what Quadell did was not even precedent, considering that closing decisions similar to those have been done many times here at Wikipedia before); it is about what is right. Flyer22 (talk) 01:00, 29 May 2009 (UTC)[reply]
  • Endorse own deletion. As per the usual protocol, I discounted the !votes of 71.234... as an IP editor, and those of NeutralHomer, Silvestris, and Allstarecho as lacking any reason in policy. That left the nomination and two other delete !votes and a single valid keep !vote, which is a delete on number counting. The arguments to keep and delete were balanced, but I found the delete arguments more persuasive — there is surely a supercouple still alive of whom a free photograph could be taken, and the use in the other article was merely decorative. Stifle (talk) 08:11, 29 May 2009 (UTC)[reply]
    • Comment. While Stifle makes a sound argument, the point is not about whether there is a fictional supercouple still alive. I assume he means fictional, as in their real-life portrayers. If we were to use an image of Luke and Laura's portrayers as the lead image of the article (such as them posing as themselves, not as their characters, together), that image would be an image of those portrayers. The image would not be about fictional supercouple Luke and Laura, no matter it being a free image. And any other fictional supercouple or their real-life portrayers would not serve as much purpose as the lead image. If Stifle means using a free image of one of the celebrity supercouples as the lead image, I already explained about that above. Furthermore, the fact that this image was decorative in the Luke Spencer and Laura Webber article is beside the point, considering that I had already removed it from that article before Stifle made his closing decision on this image (as noted by me above). This image's validity in the Supercouple article should not be based on whether it was valid in another article and on persuasive delete votes. It should be based on policy more than anything else, and I feel that my arguments for this image remaining as the lead image in the article, or at least in the Legends section of it upon further critical commentary of the importance of the moment the image is displaying, is far stronger than the two delete votes for it (one of which was/is a "Weak delete" vote, as noted by me above). Flyer22 (talk) 23:48, 29 May 2009 (UTC)[reply]
  • Overturn to no consensus I suspect Stifle is right and a different picture could be used here. But A) I don't think anyone suggested that in the discussion B) there were arguments that this is the "first one" and so might be "better". So I don't see how the closer can reach that conclusion from the discussion. Further, I don't think that the IP or Allstarecho's !votes should have been discounted. If this is based on strength of argument, the IP's well-reasoned comments should be considered. If it is nose count, those without arguments should be considered. Discounting both seems, well, wrong here. And Allstarecho does echo a policy-based reason for keeping, so I'm loath to accept that the fact he didn't bother to directly cut-and-paste the arguments he supported should mean his opinion should be discounted. Hobit (talk) 16:58, 29 May 2009 (UTC)[reply]
If you suspect that Stifle is correct, then that by WP:NFCC rules out having the image (criteria 1), so your !vote is contradictory. To suggest we ignore those criteria on the basis of no one making such an obvious suggestion would seem to be bureacracy at it's best. Your point (b) is also covered by NFCC#1 there is no real concept of better if it conveys the same encyclopedic information/purpose the free image wins each and every time, same way that a grainy shot of some dead popstar submitted as a free image would make a high quality (better) agency shot fail NFCC#1. --82.7.40.7 (talk) 21:18, 29 May 2009 (UTC)[reply]
No? I suspect that is the case. As it wasn't brought up at the IfD, no one had a chance to respond to the notion. I certainly don't know enough about the context and just how relevant this "first" couple is or if that "first" notion is sourceable. As no one objected to it during the close, I think the closer needs to assume it's true unless it is factually incorrect. In other words, the closer doesn't get to replace the results of the discussion with his own views. Hobit (talk) 18:58, 30 May 2009 (UTC)[reply]
Actually WP:NFCC is fairly clear that the burden of proof is required on the side of the keep, there isn't a burden to rpboe the other way. i.e. if there is no sensible supporting argument beyond "I say so", the burden is not met and the deleting admin is quite correct to ignore it. --82.7.40.7 (talk) 19:16, 30 May 2009 (UTC)[reply]
"X was the first and therefor an important image to have a picture of" is more than "I say so". Hobit (talk) 21:24, 30 May 2009 (UTC)[reply]
Yes, the term Supercouple was coined due to Luke Spencer and Laura Webber. It is sourceable, is sourced within the article...and can be sourced with plenty of other valid references as well. Flyer22 (talk) 01:19, 1 June 2009 (UTC)[reply]
  • Comment: The file is at File:Lnlwedding.jpg. The deletion debate is at Wikipedia:Files for deletion/2009 May 18#Lnlwedding.jpg. I don't believe Flyer22 characterized my comments accurately above, and I think it's worth reading the debate.
  • Endorse deletion. The deletion was thoroughly discussed, and the closing admin clearly understands policy and took all arguments into account. – Quadell (talk) 03:29, 30 May 2009 (UTC)[reply]
    • Comment. The deletion debate is linked to above at the very top of this section. Surely, very experienced editors/and editors here who read the directions on how to list these articles at this particular Wikipedia project know that. And I do not see where in that debate this topic was thoroughly discussed, nor where I significantly misinterpreted your comment there. I stated a long and valid argument, with clear understanding of Wikipedia's image policies, and only got a copy and paste answer of delete from one editor and then a "Weak delete" from another editor (you). The decision for delete of this image does not seem to have been weighed more so in policy at all, from Stifle's own comment in the closing debate and from his one in this. If it was more so about policy, then delete arguments being "more persuasive" would not have been an issue. This whole thing seems more like an opinion of how a few editors feel about this harmless non-free image which has been in the Supercouple article as the lead image for the longest now remaining in that article, and not wanting to admit that they are likely wrong about this decision. If it was more about policy, there would not be any need for you to have voted "Weak delete." Right now, it only seems that if my argument of "Keep" had been "more persuasive" to two editors in that deletion debate, this image would have been kept. Not exactly a decision based more so in policy. In fact, as pointed out by me above, this image was mainly nominated for deletion due to it being decorative in a different article (an article it was removed from before the deletion debate of this image was closed). Flyer22 (talk) 01:08, 1 June 2009 (UTC)[reply]
  • Endorse deletion - correctly closed based on strength of numbers arguments instead of counting votes. PhilKnight (talk) 16:22, 1 June 2009 (UTC)[reply]
    • Comment. How was this correctly closed based on strength of numbers instead of counting votes? There was no strength of numbers; there was just a copy and paste vote of delete that does not even make sense in response to some (if not most) of the images and a weak vote of delete. And does policy even matter here? This image does significantly enhance readers' understanding of the topic, seeing as it is showing imagery of the couple who "started" the term and the event at which it happened. This is imagery that cannot be conveyed through text, and thus passes Wikipedia's image policies. Deleting this one image, as if it is a problem in the Supercouple article, as opposed to any other non-free image within it, and when the problem with this image was not even its use in the Supercouple article, is ridiculous. And Hobit likely has a point above about discounting an IP's vote simply to further "validate" the outcome one wants. Flyer22 (talk) 00:11, 2 June 2009 (UTC)[reply]
      • Fixed. PhilKnight (talk) 13:44, 2 June 2009 (UTC)[reply]
        • LOL. And still disagree, per what I stated above. I saw no strength of numbers or strength of arguments for deletion of this image. Flyer22 (talk) 03:11, 3 June 2009 (UTC)[reply]
          • The use in Supercouple is replaceable, and the use in Luke Spencer and Laura Webber doesn't significantly add the reader's understanding in the context on the other image. PhilKnight (talk) 13:18, 3 June 2009 (UTC)[reply]
            • Replaceable? This particular image has no free alternative that can demonstrate the same visual. From what I know of Wikipedia's fair-use rationale policy, it is about whether there is a free alternative of the same image or free image that can produce basically the same thing. A free image of a celebrity supercouple is not the same thing as an image displaying the fictional supercouple who started the term, nor does it convey the same thing. Wikipedia allows non-free images...as long as those images significantly enhance the readers' understanding of the article or are backed up by significant critical commentary (preferably both), such as the image of Janet Jackson's "wardrobe malfunction" in the article Super Bowl XXXVIII halftime show controversy. If you mean that this Luke and Laura image can be replaced by another image of the same thing found on the Internet, well the same can be said of the image of Janet Jackson's wardrobe malfunction.
            • This Luke and Laura image does significantly enhance the readers' understanding of the article Supercouple for the reasons I stated above, and it can be backed up by significant critical commentary on the event it is displaying. But as for the article Luke Spencer and Laura Webber, I do not see how that is still currently an issue for this image, considering that, as I stated above more than once now, it has been removed from that article and was removed from that article before the closing decision for this image was made. Furthermore, considering that the Luke Spencer and Laura Webber article will be significantly fixed up by me and editor Rocksey, to reflect articles such as JR Chandler and Babe Carey and Reese Williams and Bianca Montgomery (except for the fact that the Luke Spencer and Laura Webber article will no doubt be much bigger eventually and even better written), this couple's 1980s wedding will no doubt be significantly commented on within the article at that point and this image will be perfectly allowed within the section it is significantly discussed. Therefore, deleting this image is also a waste on that front. To have to upload this image again but possibly go through complications with it due to it being deleted before (without much validity) is not something that I feel is best (particularly for myself and any other hard-working editor here). Flyer22 (talk) 00:33, 5 June 2009 (UTC)[reply]
  • Overturn and restore. if an image or scene in a film is discussed in a substantial way in an article, it should generally be illustrated by a photograph, which is generally necessary to make the discussion sufficiently meaningful. This is not a policy change--it has always been out policy, and it is fully protected by basic copyright law. We have not always interpreted it as liberally as we ought to. DGG (talk) 21:51, 2 June 2009 (UTC)[reply]
    • From your above comment, I don't think you understand the non-free policy. PhilKnight (talk) 18:10, 3 June 2009 (UTC)[reply]
      • Hi Phil, I'm curious what you feel he's missing. Hobit (talk) 01:42, 4 June 2009 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.
The following is an archived debate of the deletion review of the article above. Please do not modify it.
The Real MacKay (talk|edit|history|logs|links|watch) (XfD|restore)

The Real MacKay was an article about a video blog related to STV News at Six. I nominated it for deletion on the basis that it was not sufficiently notable for an independent article, and the result - based on very few comments - was merge. Northern Exposure (video blog) is also a video blog related to the same news programme and I separately nominated that afterwards, but the result this time was keep (no consensus). This inconsistency is irrational, and given that there was no strong opinion at the AfD for The Real MacKay, I propose that the article be reinstated, contrary to my original proposal. I42 (talk) 21:32, 28 May 2009 (UTC)[reply]

  • As the instructions on the deletion review page indicate, many issues can be resolved by asking the deleting/closing administrator for an explanation and/or to reconsider his/her decision. While not strictly mandatory, this should normally be done first. Did you try, and if not, was there some special reason? Stifle (talk) 08:12, 29 May 2009 (UTC)[reply]
    • No I didn't - but I will, and will report back. In this case I considered it non-obvious because there are essentially two AfDs to consider, and the admin clearly made a good decision based on the discussion on the AfD itself. I42 (talk) 19:14, 29 May 2009 (UTC)[reply]
      • The merge was reverted. As you supposed, DRV was not required. I live and learn! Thanks. I42 (talk) 20:50, 29 May 2009 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.
  • File:Corralesx.jpg – "keep" closure endorsed. Further discussion should take place at WT:NFCC to clarify the criteria; the issue can be revisited if there is a consensus there that these files are not acceptable. – Aervanath (talk) 21:16, 5 June 2009 (UTC) (since speedied by Carnildo)[reply]
The following is an archived debate of the deletion review of the article above. Please do not modify it.
File:Corralesx.jpg (talk|edit|history|logs|links|watch) (article|XfD|restore)

May as well pre-empt the inevitable on this one. I closed this FFD as keep on the grounds that all the users other than the nominator recommended keeping, and consensus is that one non-free photo of a living person is pretty much always permitted. I've been asked to reconsider because of the policy basis of the !votes and WP:NFCC#2. While I can see merits in this, it is clear that a change to delete would result in a listing here anyway. Therefore, I am asking the community whether I have followed the deletion process correctly in closing this discussion as keep. Stifle (talk) 09:32, 28 May 2009 (UTC)[reply]

  • Endorse keep closure The low resolution takes into account commercial opportunities for the copyright holder and the subject being deceased makes a free alternative unlikely. Unless we have direct line to representatives or family of said dead person, unfree images of dead people are generally accepted. I see no reason to review the decision when only one commenter disagreed. - Mgm|(talk) 10:40, 28 May 2009 (UTC)[reply]
  • Endorse, there was a clear consensus in the discussion to keep the image. I see no real grounds for possibly overturning this one. Good job bringing it here just to be sure, though =). Lankiveil (speak to me) 10:41, 28 May 2009 (UTC).[reply]
  • Comment Surely fails NFCC#1 - it's replaceable fair use. I though the consensus was generally the opposite, if the person is still alive unless there is something pecculiar about the image then it likely fails NFCC#1, or did we decide the replacability aspect could be ignored?> --155.140.133.254 (talk) 11:09, 28 May 2009 (UTC)[reply]
    Ah they are deceased, I guess the nomination wording needs fixing. --155.140.133.254 (talk) 11:10, 28 May 2009 (UTC)[reply]
  • Delete - Britannica would have to pay Associated Press for using this image (event at this web-resolution). There's no possible fair use defense for us here. That the guy is deceased just makes the image even more valuable for AP. --Damiens.rf 15:04, 28 May 2009 (UTC)[reply]
  • Just out of curiosity, why didn't you !vote in the original FFD? If you would have made the same argument there that you are making here and on Stifle's talk page, it might have been able to be closed "delete". On the issue itself I'm Neutral. I think both sides present a logical argument but I'm not familiar enough with our non-free image policy to !vote one way or the other. --Ron Ritzman (talk) 13:28, 2 June 2009 (UTC)[reply]
    • Actually, I didn't bothered !voting because news-agency's images are such a clear-cut case for deletion. Usually, no matter how many "I like it" or "I don't understand the violation" keep !votes are cast, the copyright infringing image is just deleted. --Damiens.rf 19:57, 2 June 2009 (UTC)[reply]
  • Keep Citing NFCC #2 seems to be the new strategy for deleting images. At the original deletion discussion, ViperSnake151 cited this part of policy and said, "Press agency photo cannot be fair use. Market role is to sell the right to use this image." ViperSnake151 then continued, saying "We can only use news agency photos as the subject of commentary of the image itself. This is not the case." Holding these two views at the same time is self-contradictory. If putting a picture online to illustrate an article harms the news agency's ability to sell that same image, then so does putting the picture online in a separate article to discuss the image itself. It's not as if somebody running around hoping to rip off the AP's work would say "oh, I can copy this image because it's being used to illustrate an article, but I can't copy this other image because it is actually the subject of the article." 68.43.196.251 (talk) 17:58, 28 May 2009 (UTC)[reply]
    They are very different things, just because you don't understand the significance of the difference, doesn't diminish it any. --82.7.40.7 (talk) 19:50, 28 May 2009 (UTC)[reply]
    Please, explain. I was always told in elementary school that those who fully grasp a concept are able to explain it. Those who don't simply wave their hands, stamp their feet, and pout, saying "it is this way, it is this way." 68.43.196.251 (talk) 20:17, 28 May 2009 (UTC)[reply]
    A press agency sells their photos to illustrate the subject, that is their business. If we use the image for exactly that purpose without paying we are undermining their business. If the image is for some reason iconic in and of itself and we write up about how significant that image is, in wikipedia terms that means we must have reliable third party sourcing discussing that image and it's significance, meets neutral point of view, verifiability etc. the image is well known at that stage. In those instances (and it'll be rare for recent images) using in an article discussing the image isn't using the image in a manner which detracts from the agency's ability to sell it as illustrating X. In elementary school I was taught that there are none so blind as those who don't want to see. --82.7.40.7 (talk) 21:02, 28 May 2009 (UTC)[reply]
    So far you've told me nothing new. In any case, a press agency sells its images in significantly higher quality than what we've tried to offer here. They use them for news articles, promotional posters, television broadcasts, etc. Ask them if their business model includes selling stuff to Wikipedia. If they cared, they would have contacted us a long time ago. A 200 x 200 image that will become pixelated like none other when blown up doesn't get in their way. I see the distinction between (a) using a picture to illustrate and (b) using it for discussing the picture itself. But I think more broadly than people who follow this interpretation of policy. That is, I consider how much this picture would harm a company's business if people randomly started downloading and plastering it all over the place. If it's not harmful in case (a), it's not harmful in case (b). 68.43.196.251 (talk) 21:31, 28 May 2009 (UTC)[reply]
    Fair use law says if I want to write a book, encyclopedia article or webpage about the award-winning Elian-Gonzalez picture, I don't have to pay AP for placing a small version of the picture on my media. But if I want to write about the Elian Gnozales taking by the FBI, I would have no fair use defense for freely using the picture. If you don't understand the difference, you have no idea what fair use is. --Damiens.rf 00:19, 29 May 2009 (UTC)[reply]
    Unfortunatelty the fair use doctrine cares not what you think is harm/not harm. We have a valid fair use claim if we are using it in a transitive form. If we are using it for it's original commercial purpose we don't (i.e. we are just taking the commercial value without paying). Regarding if the agency cares about wikipedia use (which would be no legal defence anyway, if you know there is an issue and do nothing about it, the rights holder is not obliged to tell you in a given timeframe), you know Wikipedia the free encyclopedia. We want to provide a resource which can be used and reused by anyone, non-free media is an issue for that (though in some cases we have little or no option), non-free media for which we are looking the other way saying "but the rights holder hasn't complained about our use" is an even bigger problem. --82.7.40.7 (talk) 06:08, 29 May 2009 (UTC)[reply]
  • Endorse I don't see the picture being here as harming the owners of the picture nor has anyone explained how it does. Nor do I agree it is in violation of US fair-use laws. Hobit (talk) 01:37, 29 May 2009 (UTC)[reply]
    I'm not sure what the issue of harming the owners has on this. The criteria is "Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media." - no mention of harm, no call for any wikipedia editor to make a subjective decision on harm. What is the original market role of the material? Is wikipedia using it in the same way? If the answer to the second is yes it fails the criteria irrespective of any questions of harm. The issue of violating the Fair Use doctrine (US) is in many ways unimportant. Since of criteria are generally stricter than US fair use law, and because wikipedia is actually interested in creating a global free resource, just because wikipedia is safe under US law doesn't mean the image is free enough to meet wikipedia's overall project goals. (The Berne doesn't provide for a fair use equivelant for images it leaves it to the individual countries/states, so places like Italy don't have fair use type provisions for images at all) --82.7.40.7 (talk) 21:22, 29 May 2009 (UTC)[reply]
    "replace the original market role" describes replacing not just using in the same way. I'm not sure I follow how that's the same as using in the same way or even exactly what that means. Could you explain? Hobit (talk) 01:51, 31 May 2009 (UTC)[reply]
    I think you are just being obtuse in your interpretation of this. The meaning is pretty clear. --82.7.40.7 (talk) 07:30, 31 May 2009 (UTC)[reply]
    No, I can think of a few meanings, but none that make sense in this context. I'd really like an explanation. Hobit (talk) 12:55, 31 May 2009 (UTC)[reply]
    Comment I suppose "harm" is being used to describe generically how an image is being used in a way that doesn't respect its market opportunities. In any case, I could imagine a case where Wikipedia puts a picture online to discuss it (the Elian Gonzales picture mentioned above, for example). So far so good. Then another website decides to direct link the image page to illustrate the topic of Elian Gonzales. We might have satisfied our policy, but we're still contributing to the usage of an image in such a way that it could infringe on the creator's right to sell the picture. In that case, we'd be left to conclude that photo agency images aren't allowed at all, regardless of how notable it is. If we don't like that conclusion, then we need to figure out what exactly NFCC #2 is supposed to mean. 72.196.196.187 (talk) 03:28, 2 June 2009 (UTC)[reply]
  • Strong delete. This is a clear violation of NFCC#2. The AP makes money by leasing their images to news agencies or individuals who pay a fee to display them. That's true for images of deceased celebrities as much as for living ones. If your hometown newspaper wants to use this image, they would have to go here and pay to do so, and they might wonder why Wikipedia gets to use the same image without paying. This absolutely undercuts the market value of the image. In a similar case here, a user had uploaded an AP photo of a plane crash -- it was absolutely non-replaceable, and had a detailed fair use rationale -- but Jimbo himself deleted it as a copyright violation. And it is. The AP routinely sues people who use their photos without paying, and although you might get away with it on your personal website, Wikipedia is far too prominent to get away with it. This use violates the letter and the spirit of NFCC#2, and it could easily lead to legal troubles for the Wikimedia Foundation. – Quadell (talk) 03:46, 30 May 2009 (UTC)[reply]
  • Keep as a first step in the revision of NFCC, to make it clear that a low resolution picture does normally not interference with the commercial use of a photograph, and that in the absence of acceptable free pictures of a living individual, we can include one under fair use. I accept that this is not necessarily the present interpretation, but it ought to be. This is an appropriate place for changing policy as well as on the page itself. Acting as an admin, I will certainly enforce the interpretation we customarily use, but this does not mean or need to mean that I must support that it should be the interpretation. consensus can change, and I hope that gathering consensus will increasingly be to liberalize the policy up to the limit permitted by the foundation. DGG (talk) 21:46, 2 June 2009 (UTC)[reply]
    • No, this is not the correct place for changing policy. I'm aware that you're supporting my closure, but you should place your !vote according to the policy as it is, not as you would like it to be, and if you feel it should be changed, establish a consensus for the change at the relevant page (which in this case is WT:NFCC). Stifle (talk) 08:27, 3 June 2009 (UTC)[reply]
    • I'd note also that we've had a specific email from the AP saying that they would not consider our use of any of their images to be fair use. Stifle (talk) 08:28, 3 June 2009 (UTC)[reply]
      • Could you link to that email (or discussion thereof?) I don't think anyone can say "any think you use of ours isn't fair use"--the law doesn't work that way. But I'd like to see the letter and read any discussion about it. Hobit (talk) 01:44, 4 June 2009 (UTC)[reply]
    • I just reread that, DGG, and your proposal that "in the absence of acceptable free pictures of a living individual, we can include one under fair use" directly contradicts the foundation licensing policy, so any change of that extent would need to come at foundation level. Stifle (talk) 08:10, 5 June 2009 (UTC)[reply]
  • I can see both sides of this, but after a fair bit of thought, I find Quadell's argument the most convincing. It's an overturn and delete from me. No reflection on the closer, since that does appear to be a correct reading of the consensus.—S Marshall Talk/Cont 13:58, 5 June 2009 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.
The following is an archived debate of the deletion review of the article above. Please do not modify it.
BackCountry CO (talk|edit|history|logs|links|watch) (restore)

I speedied this as advertising and the creator contacted me. Because s/he is editing in good faith, I userfied here and s/he added some links. I still feel it's advertising (primarily for this site and would need to be re-written in order to be encyclopedic. Passages such as this Nestled atop a dominant ridge, the Sundial House commands a dramatic location offering panoramic views of everything from downtown Denver, to Longs Peak, Pikes Peak, and the 8,200 acres of Backcountry Wilderness Area read as if they may be lifted from somewhere, but I cannot find where. I told the creator I'm willing to bring it here for further review. I'm officially neutral and have no problem with this being overturned if that's consensus. I'm going to be offline for the next few days and will not have time to work with the creator but have encouraged to participate here. Thanks. StarM 03:25, 28 May 2009 (UTC)[reply]

It's possible that an article couldbe written, but this is presently boith promotional and speculative. DGG (talk) 04:08, 28 May 2009 (UTC)[reply]
Seems to be some stuff lifted from here - the quote above: Sundial House commands a dramatic location offering panoramic views of everything from downtown Denver, to Longs Peak, Pikes Peak, and the 8,200 acres of Backcountry Wilderness Area
And the press release linked: Sundial House will command a dramatic location offering panoramic views of everything from downtown Denver, to Longs Peak, Pikes Peak, and the 8,200 acres of Backcountry Wilderness Area.
--82.7.40.7 (talk) 06:16, 28 May 2009 (UTC)[reply]
  • Keep deleted, no reliable sources, article still promotional in tone. Stifle (talk) 08:15, 28 May 2009 (UTC)[reply]

The article is meant to highlight the Backcountry Wilderness Area, the trails, parks, and ecosystem. The Sundial House issue can be removed from the article and was included only because it does serve as the trailhead for all six of the trails within Backcountry. The other information can be rewritten or removed - my bad for making it sound promotional rather than encyclopedic. Let me tell you, when you are there, in Backcountry, it is so dramatic that you cannot help but feel in awe of the views and overall experience - you literally see for 100 miles! People here in Colorado really appreciate that, and my exuberance is best served outside of Wikipedia, but this is relavent, and I would like to get the article to a point that others can learn about Backcountry Wilderness Area also. My references are not in any way promotional. Please advise from here, and thank you for your help. Renaebomb (talk) 15:41, 28 May 2009 (UTC)renaebomb[reply]

A bigger problem is that large chunks have simply been copied from elsewhere. The sundial house stuff above, the section "BackCountry Parks and Trails" has bits like
  • Discovery Park features a meandering waterway that makes its way into a pond along the Discovery Center’s edge. You’ll find some small, private spaces, perfect for reflection by the water, or time with a good book
  • Solstice Park will feature the largest manicured lawn in the neighborhood anchored by a line of trees that will flow south, leading up the hill to the Sundial House. This beautiful park is sure to be a favorite open space for a game of Frisbee or a picnic
Compare this to here :
  • Discovery Park features a meandering waterway that makes its way into a pond along the Discovery Center’s edge. You’ll find some small, private spaces, perfect for reflection by the water or time with a good book.
  • the largest manicured lawn in the neighborhood, Solstice Park, also anchors a line of trees that stretch south, leading up the hill to the Sundial House. Perfect for a game of Frisbee or a picnic, this park is a favorite when you’re looking for some open space.
The first being a very obvious direct copy. The second although not a verbatim copy is still far too close to avoid being a copyvio. --82.7.40.7 (talk) 20:51, 28 May 2009 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.
The following is an archived debate of the deletion review of the article above. Please do not modify it.
Wikipedia: ECRI Institute (talk|edit|history|logs|links|watch) (restore)

Relist.Removed promotional language and added proper references. Thank You. Kocherecri (talk) 03:11, 28 May 2009 (UTC)[reply]

The current version is at User:Kocherecri It may be notable, but there is nothing specifically about the group to show it. I have no objection to listing it at AfD. I've tried to fix it so persistently that I may be overinvolved, and I'd rather the community decide. Kocherecri, that old Jama article is hard to find. the full ref is Medical technology watchdog plays unique role in quality assessment. by Stephenson J. PMID 7563468 JAMA. 1995 Oct 4;274(13):999-1001. -- that vol. of JAMA is not online at the publisher at the moment. Could you post the relevant part perhaps--it's the one plausible reference. DGG (talk) 03:56, 28 May 2009 (UTC)[reply]
  • I can't find any page ever existing at that title, can someone please link the correct page? Stifle (talk) 08:16, 28 May 2009 (UTC)[reply]
    • ECRI Institute, perhaps? Reserving my judgement until this is confirmed. Lankiveil (speak to me) 10:42, 28 May 2009 (UTC).[reply]
      • If that's it, I endorse all deletions and request a sourced, neutral userspace draft for this to be considered again. Stifle (talk) 11:26, 28 May 2009 (UTC)[reply]
that's it; it was essentially similar, except for the additional self-praise in the first version. FWIW, see the discussion between the editor in question and me on my talk page [1] DGG (talk) 19:26, 28 May 2009 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.