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| Comment what you think of this proposal and any suggestions for farther amendments. <span style="font-family:Edwardian Script ITC; font-size:12pt">[[User:Omega Tyrant|<span style="color:forestgreen">Omega</span>]] [[User talk:Omega Tyrant|<span style="color:forestgreen">Tyrant</span>]]</span> [[File: TyranitarMS.png ]] 13:29, April 19, 2024 (EDT) | | Comment what you think of this proposal and any suggestions for farther amendments. <span style="font-family:Edwardian Script ITC; font-size:12pt">[[User:Omega Tyrant|<span style="color:forestgreen">Omega</span>]] [[User talk:Omega Tyrant|<span style="color:forestgreen">Tyrant</span>]]</span> [[File: TyranitarMS.png ]] 13:29, April 19, 2024 (EDT) |
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| I've already discussed my thoughts on the subject on Discord so I won't dive too much into it other than I'm a '''hesitant support''' to this. Also, as I brought up on Discord should anything copyrighted and used without permission be removed from the wiki? I knew in the past a picture of Tweek was taken down because of copyright reasons. [[User:Cookies and Creme|<span style="font-family: Georgia;color: black;">Cookies</span>]][[File:CnC Signature.png|20px]][[User talk:Cookies and Creme|<span style="font-family: Georgia; color: black;">Creme</span>]] 15:55, April 19, 2024 (EDT)
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| '''Provisional support.''' I have a suggestion and a concern that I would like to see addressed first.
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| #There is a difference between "I knew someone was taking a picture of me" (this includes being streamed) and "I didn't know someone was taking a picture of me", and I think this difference would be easy to judge. I would suggest that this second case be valid for removal. I believe drawing the line at "consent" (for lack of a better term) would show good faith on our part without really opening the door to many more removals, as such photos would probably be too low-quality for us to want anyway.
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| #Players not of legal age could be a legal can of worms. Tread carefully.
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| [[User:Toomai|Toomai]] [[User talk:Toomai|Glittershine]] [[File:Toomai.png|20px|link=User:Toomai/Bin|???]] The Golden 17:17, April 19, 2024 (EDT)
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| :@Cookies: I don't think we go through removing any pictures without explicit permission from the copyright holder, if they care enough they'll make a formal complaint and we'll remove it then (though any pictures without the appropriate copyright information on its page should be fixed).
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| :@Toomai: I was thinking of putting an exception for "candid photos", but I have some problems with allowing that:
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| :*As I argued with Citrus in the Discord server, by attending any public event, you are waiving any claim to "privacy". Like someone who attends a sporting event and then unknowingly has photos and/or videos taken of them in the crowd wouldn't have any right to try taking down those photos/videos.
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| :*If we did allow an exception for this, what about any photos or videos where the person happens to be in the background that they didn't give express permission to be in? For example, I appear in the crowd of the famous [[:File:OCEAN defeats Mew2King APEX2012.jpg|OCEAN upsetting M2K]] picture and I was never asked to appear in that picture, would it be sensible for me to demand that picture be deleted from the wiki for my "privacy"? (I would say of course not, allowing me or anyone else that happened to be in that picture to take it down would be stupid and would directly harm the wiki).
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| :*Another wrinkle if we allowed this, what if someone wants to retroactively "revoke" their permission for a picture taken of them? Wouldn't it be contradictory for us to act like we care about if the initial picture had "permission" but then not care if someone later wants to revoke it?
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| :Now if someone doesn't like such a picture of them but has a suitable replacement, then that would of course be acceptable. And any inappropriate or overly low quality pictures would not be allowed to be uploaded to the wiki in the first place.
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| :As for letting minors have their pictures taken down, I was thinking of also making an exception for that, but that still has complications:
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| :*To my knowledge, minors attending public events don't have any legal protections from having pictures or videos of them, at least in the US. Like sporting events will have their crowd cameras focus on kids all the time. Has Wikipedia ever been forced to delete pictures of a minor they have an article about just because the subject is a minor?
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| :*If we did allow minors to remove pictures of themselves, then you open us to have to also take down any picture that happens to have them in the background like the aforementioned OCEAN picture, as well as not being able to link to any video where they appear on stream, at which point I think it would get really silly.
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| :*Some of the most renowned Smash players are/were minors and frequently show up in important promotional pictures/videos as a result. Like {{Sm|MkLeo}} was technically a minor still when he officially got ranked #1 on [[PGR v5]] and had this [[:File:PGRv5Card.png|promotional image of him commemorating his #1 ranking]], is it really in the wiki's best interest to let Leo force us to take that picture down if he decided he wanted no picture of himself as a minor on the wiki?
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| :Unrelated to these points, one other conundrum comes to mind is [https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements countries having different laws regarding the publishing of pictures without explicit consent]. If a tournament happened in a country that has strict laws against the publishing of pictures without consent, would the wiki be legally binded to take down such pictures if a picture's subject wanted us to? Or is the wiki being technically US-based means we would only have to follow the US' laws? I believe it's the latter, but I'm not a legal expert, so farther clarification by someone more knowledgeable on the subject would be appreciated. <span style="font-family:Edwardian Script ITC; font-size:12pt">[[User:Omega Tyrant|<span style="color:forestgreen">Omega</span>]] [[User talk:Omega Tyrant|<span style="color:forestgreen">Tyrant</span>]]</span> [[File: TyranitarMS.png ]] 19:50, April 19, 2024 (EDT)
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| ::I do agree with your counterpoints, we don't want to have "outs" or "loopholes", and I don't really have a good idea on how to close these ones. But having read both that and [https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people this] Wikimedia page, I think we're fine legally, and we have a solid "bigger brother" to link to in order to back our stance up. [[User:Toomai|Toomai]] [[User talk:Toomai|Glittershine]] [[File:Toomai.png|20px|link=User:Toomai/Bin|???]] The Boss 20:50, April 19, 2024 (EDT)
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