Mobile operator Orange bills French doctor €160,000 for one month of Internet use

Thursday, November 19, 2009

In a third case of staggering sums billed for “unlimited” Internet access reported this week, a French emergency-room doctor from Fontainebleau beats all records with a €159,212 (US$237,417) bill. The telephone-number-sized bill covers one month’s use of an unlimited 3G dongle on Orange‘s network; the beleaguered Dr Jean Spadaro has been battling this for six months.

“To begin with I thought it was a joke”, said Spadaro, confirming a story from l’Observateur du Valenciennois; The same newspaper that revealed last week a similar case — Eric Gernez, a café owner in Petite-Forêt near to Valenciennes — who received a bill for €45,000. Christophe Aupy-Fargues, head of an insurance brokerage firm in Saint-Herblain, west of Nantes, and another unlimited 3G dongle user, confirmed to Ouest-France on Monday the blocking of payment on a bill for €39,500 demanded by Orange.

“I subscribed in November 2008 to a basic internet access by 3G dongle at €30 per month […] seeing my bills reach sums going up to €860 in April, I decided in May to subscribe to unlimited access by 3G dongle with Orange business at €50 per month. When I saw my bill for May, I couldn’t believe my eyes: €159,212, for one month’s connection, it’s impossible, especially as we don’t use it all of the time” added Spadaro, the father of two children, aged sixteen and nineteen.

On opening the envelope in June, he expected to read an amount neighbouring the cost of his subscription; but, to his horror, it was €159,212; a demand large enough to make an emergency-room doctor’s head spin.

Spadaro claims France Télécom (Orange’s parent company) never explained to him that the “unlimited” package only related to the time spent surfing on the Internet — not the volume of traffic — limited to one Gigabyte per month. The package’s quota corresponds to moderate usage (reception of simple emails for example). As normal Internet users, the members of the Spadaro family surfed Facebook, YouTube, sent emails with attachments, received same, &c. That volume of traffic proved to be costly. €0.17 per Megabyte, or €170 per Gigabyte. Until the bills arrived, the Spadaro family were using the Internet, ignorant of the cost being incurred.

The doctor’s bills, not listed in detail, are €53 for February, €346 for March, €860 for April before soaring to more than €159,000 in May. Spadaro also claims, with evidence of his letters in hand, he had increased the number of protest actions and received, in response, “warnings with threats of seizure”.

Battle-weary after six months of contacting his operator, Spadaro has lost all patience. “Since June, I’ve spent hours writing emails, letters or calling Orange to ask for an explanation. I’ve been passed from call centre to call centre, from customer services to debt collection. No one at Orange was able to give me the slightest clarification. A real wall”, he said. He has never contacted a consumer association, “due to lack of time and also because I trusted the people with whom I was speaking”.

At the end of last week he stumbled upon the article on the Observateur du Valenciennois internet site concerning the case of Eric Gernez. He then also threatened Orange with the press. “The result did not tardy”, he continues. “A customer services representative and a debt collector immediately contacted me by email November 16. And immediately afterwards I received a credit for €136,529”. A first credit having already been sent to him in June, Orange now considers the dossier as “definitively resolved”.

This resolution does not satisfy Jean Spadaro at all, who simply wishes that the bill be cancelled. “I have been a client with Orange for 17 years. I don’t want to attack their image, but here, enough is enough. It’s a question of principles”, he says, highlighting that “on forums, dozens of subscribers tell similar stories”. Furthermore, the two credits do not reimburse him for all of the additional fees he has incurred. “The following months, Orange tried to debit the sum from my account, causing rejection fees from my bank and unpaid fees from the operator. Around €35 each time”.

Exasperated by the whole affair, Spadaro awaits the end of his current contract with Orange in February next year. “I will cancel all of my subscriptions to Orange: 3G+ dongle, but also mobile telephone and internet”, he promises. He has been a client with the operator since 1997.

Orange has promised to work with each case of overbilling. Interviewed on France 2 on Wednesday, Jean-Paul Cottet, director of the business market for France, said that the number of problems were marginal. According to him, 4,000 professionals have opted for a package with a 3G key. It is “a 24/24 but not unlimited offer. Out of these 4,000 cases, there are 1% which are a problem” he explained, listing about thirty such “absurd bills”. “We will correct that”, he promised. “We will work with each client”.

Jean-Paul Cottet pointed out that the general public offers better protection to the client. Once the authorised download limit is reached, the service quality diminishes but there is no overbilling.

Asked about the information given to clients about the conditions of billing elements not included in the package, Elizabeth Alvez, communications representative for the regional department for the North of France, said that “all the tarification information is available at points-of-sale and on orange.fr. This information is given as part of the dialogue between the client and the vendor. We are obliged to communicate the prices.” Nevertheless, one must first of all take the time to read the entire contract with the salesperson before signing.

Monday, January 31, 2005

Metlife announced on 01/31/05 that they were going to acquire Travelers Life and Annuity from Citigroup. Travelers Life and Annuity is an insurance underwriter. MetLife is a large life insurance and annuities underwriter. MetLife will have to borrow a lot of money to pay for the company, so rating agencies like S&P warn that the AA credit rating of MetLife might be lowered. This would cause the interest rates at which all of MetLife’s debt must be repaid to increase.

Citigroup committed to continue distributing Travelers life insurance and annuities through its Smith Barney stock brokers, Primerica agents, and Citibank branches.

Citigroup was previously known as Travelers Insurance before it bought Citicorp. First the Property and Casualty business of Travelers was spun off, and now the life insurance division has been sold off. This is primarily because insurance underwriters get a lower price to earnings multiple from the stock market because of the cycles and uncertainty associated with the insurance business. Also, having an insurance underwriter and a bank together does not usually create “cross-sell” opportunities, because consumers and businesses almost always buy life insurance and annuities through brokers who have a duty to give them other options. Citigroup will continue to sell insurance through its brokers as before.

Wednesday, April 1, 2009

According to the payroll services company ADP, United States private sector employers cut 742,000 jobs in in March. The figures were almost 80,000 more than the average analyst prediction of 663,000 losses. This is the largest monthly payroll decline since January 2001, when the ADP began tracking job activity.

ADP also updated its job loss statistics for February, from 697,000 to 706,000.

“The sharp employment declines among medium- and small-size businesses indicate that the recession continues to spread aggressively beyond manufacturing and housing-related activities to almost every area of the economy,” said Joel Prakken, the chairman of the company that conducts the ADP survey, Macroeconomic Advisors LLC.

“Despite some recent indications that stock prices, consumer spending, and housing activity may be bottoming out, employment, which usually trails overall economic activity, is likely to remain very weak for at least several more months,” he added.

The US Labor Department‘s report for employment statistics for March is due to be out on Friday. Analysts predicted that the department will announce the unemployment rate increased to 8.5% with 660,000 jobs eliminated in March. However, the bad news from ADP has prompted some to think that the current forecasts are too optimistic.

Wednesday, March 16, 2005

The United Kingdom Chancellor of the Exchequer, the Right Honourable Gordon Brown PC MP, in a speech to the British House of Commons today presented his ninth Budget, what is very likely to be his last Budget before the next UK General Election. This opened the parliamentary debate on the 2005 Finance Bill, and was followed by responses from the opposition parties.

In a 48 minute long speech, the Chancellor presented a Budget of “tax cuts that are reasonable, spending that is affordable, and [economic] stability that is paramount”, that was “the prudent course for Britain”. There were few surprises that had not already been indicated in his 2004 pre-Budget report. The increase in the threshold on stamp duty was greater than that forecast by commentators, as was the amount of the Council Tax rebate to households with pensioners.

Sunday, June 8, 2008

Eight people are dead and two more are missing and presumed dead after an explosion and fire on a cargo ship undergoing repairs at a naval dockyard in Kaliningrad, Russia.

The container ship MV Yenisey was the scene of an explosion while in drydock at about 3:00 p.m. Moscow time (11:00 GMT). Ten people were missing after the explosion. It was confirmed today that the eighth body has been recovered, and the remaining two are thought to be dead as well. Three more were injured.

Captain 1st Rank Igor Dygalo, acting as a navy spokesperson, said “Each family of the victims of the fire on the Yenisey civilian vessel will be paid more than a million rubles.” This makes their compensation roughly equivalent to US$43,000.

Dygolo said that the dockyard, in the closed military town of Baltiysk, near Kaliningrad, had been leased to the Yenisey’s St Petersburg owner, a private company, who were conducting the work themselves. He said an investigation has been launched by the navy led by top admiral Vladimir Vysotsky.

Vysotski himself has indicated that serious safety legislation breaches concerning welding regulations by both the vessel’s owner and the naval dockyard’s bosses. He did not go into details, but RIA Novosti claimed that a source at the dockyard said a gas burner applied to the roof of a fuel tank to heat and therefore loosen its bolts had triggered the disaster.

Today is an official day of mourning for Kaliningrad Region to mark the deaths.

Friday, July 22, 2005

The British Parliament approved the first stage of the new Crossrail underground railroad through London as a £15 billion construction project earlier this month. Crossrail is the first major new train line to be built in London in decades.

The rail line being implemented as a hybrid bill in Parliament. After a second reading in Parliament, it was voted upon and decided that the government will commit to the project so that the line will be built.

The next issue before Parliament of to ensure that the implementation of the bill so it is consistent with private interests of neighborhoods to be affected by Crossrail. This is when residents can petition Parliament to change the way the line is constructed.

As a result of construction of the Crossrail line, hundreds of homes will have new tunnels excavated beneath them.

On contacting Crossrail, they have indicated approximately £50 will be offered to each landowner to buy all the land rights-of-way to build the train tunnel more than 9 meters below the residential buildings. The average value for properties in the affected areas is £350,000.

Under UK compulsory purchase laws to be used in this bill, the residents are entitled to the difference in the value of the whole property with and without a tunnel under it. If the offer given by Crossrail is not accepted by any of the residents, the residents can take the case to the Land Tribunal, where the fair value will be established.

This however, could be cost prohibitive. Crossrail does not indicate that it will attempt to assign a fair value in the original offer and instead is only going to offer around £50 per property in the hope that not many people take the matter to the Land Tribunal.

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.

Friday, August 24, 2007

Atlanta Falcon’s quarterback Michael Vick will enter federal court on Monday, but a newly published report says he will not admit to gambling or killing the dogs. However, Vick is expected to plead guilty to the charge of ‘interstate commerce for the purpose of dogfighting.’

A source told ESPN he did not kill any dogs, but he was present when the dogs were being killed.

Vick faces a maximum of five years in jail. However, a government source told the Associated Press yesterday that prosecutors would most likely recommend a sentence of 12 to 18 months in prison.

Three co-defendants in the case have already pleaded guilty and, if the case goes to trial, will likely testify against Vick.

Vick’s future in the NFL is still uncertain.