Wednesday, August 5, 2009

Four people have been shot and killed and at least 15 wounded when a gunman opened fire inside a LA Fitness center in Bridgeville, Pennsylvania. The gunman was among the dead.

Reports say the man walked into a dance room where an all-female Latin dance class was in session, turned off the lights and began to shoot people. CNN reports that the gunman was a “middle-aged white male.” One witness said he was carrying a duffel bag, which he put down before shooting into the crowd. After opening fire, he turned the gun on himself. At least 30 people are reported to have been in the room at the time of the shooting.

Allegheny County police Superintendent Charles Moffatt said, “I’ve never seen nothing quite like this. It was very chaotic. […] There’s a good belief that the shooter is deceased.”

Collier Township Police Chief Tom Devin stated that the police, “believe the shooter committed suicide at the scene but we’re not positive.” Police report that the shooter’s motive may have been a domestic dispute with one of the exercisers.

Mike Hentosz, a witness who was inside the gym, said, “I feel like it’s a dream. I don’t know what to think of it.” A woman participating in the class, Nicole, said that 10 minutes into the class, “a middle-aged white male walked into the class. He had a big gym bag. […] He looked out of place in a class full of women.” When he began firing, she reported, she ran out of the gym and escaped in passerby’s car.

Wednesday, January 13, 2010

A massive earthquake, registering 7.0 on the moment magnitude scale, struck Haiti yesterday, destroying many buildings, disrupting communications, and burying an unknown number of people underneath rubble. Thousands of people are feared to have been killed by the tremors, which were felt as far away as Venezuela.

Witnesses say bodies were lining the streets of the capital, Port-au-Prince, after the quake struck on Tuesday afternoon, sending a cloud of dust from falling buildings into the sky. The quake was centered about sixteen kilometers from the capital, and struck at a depth of just ten kilometers, exacerbating the damage. At least 27 aftershocks were also recorded, the strongest of which came in at 5.5 and 5.9 magnitude. A tsunami alert was initially issued following the tremor, but it was retracted shortly afterwards.

Buildings across the capital have collapsed, including the presidential palace and the headquarters of the United Nations peacekeeping mission in Haiti. However, the president, René Préval, and his wife reportedly survived the collapse of the building. The country’s envoy to the United States believed damage costs could reach billions of dollars.

UN peacekeeping chief Alain Le Roy said many people were in the UN building when it went down and they remain unaccounted for. A Brazilian military official later said four Brazilian soldiers who were part of the UN mission were killed.

UN Peacekeeping Chief Alain LeRoy said the organisation is working to learn the fate of its personnel. “As we speak there are still over 100 people unaccounted for under the rubble. We do not know about their fate […] some people have been extracted out of the building – but only less than 10 for the time being. Some dead, some alive. So we do not know for the time being the fate of the others. But of course, we are extremely, extremely concerned.”

The Notre Dame of the Assumption Cathedral in Port-au-Prince was also destroyed, killing Joseph Serge Miot, the Archbishop of Port-au-Prince.

“[…] It would appear that all those who were in the building, including my friend [UN mission head] Hedi Annabi […] and all those who were with him and around him are dead,” said French Foreign Minister Bernard Kouchner. In a statement released yesterday, the UN remarked that “[f]or the moment, a large number of personnel remain unaccounted for.”

Hospitals in Port-au-Prince were reported to have collapsed, raising fears that the injured would not be able to receive treatment easily. “We have reports of some of the most important hospitals in Port-au-Prince have been severely impacted by the earthquake,” said Paul Conneally, the Head of Media for the International Federation of Red Cross and Red Crescent Societies.

“I saw dead bodies, people are screaming, they are on the street panicking, people are hurt. There are a lot of wounded, broken heads, broken arms,” recounted Raphaelle Chenet, the administrator of the Mercy and Sharing charity, in a telephone interview with the Wall Street Journal from the Haitian capital.

UN officials reported that communications and power are out across the city, making it difficult to get accurate details regarding the full extent of casualties and damage.

The UN also noted that the main prison in Port-au-Prince collapsed, and there were reports of inmates escaping. Spokeswoman Elisabeth Byrs, however, said she had no further details about that.

Efstathios Daras, the Greek ambassador to Venezuela who also represents Greece in Haiti, described the situation. “We fear major loss of life, maybe in the thousands or tens of thousands. Survivors are using their hands to help get trapped people out. There are fears of big aftershocks which could make the situation even worse. There is huge damage to the infrastructure. We can’t get through anymore. All phone lines are down.”

Joseph Guyler Delva, a reporter for Reuters, was in the area when the tremors struck. “Everything started shaking, people were screaming, houses started collapsing. It’s total chaos.”

Rachmani Domersant, an employee for Food for the Poor charity described the conditions on Port-au-Prince’s streets. “The whole city is in darkness, you have thousands of people sitting in the streets, with nowhere to go. I’ve seen seven to eight buildings, from office buildings to hotels and shopping stores, collapsed […] I think hundreds of casualties would be a serious understatement.”

President Rene Preval told the Miami Herald today that the aftermath of the disaster was “unimaginable”. “Parliament has collapsed. The tax office has collapsed. Schools have collapsed. Hospitals have collapsed […] There are a lot of schools that have a lot of dead people in them,” he said, adding that he believes thousands of people died.

The Red Cross in Geneva says that up to 3 million people have been affected. The international aid agency added that there is an urgent need for search and rescue volunteers as well as field hospitals, emergency health, water purification and telecommunications.

The World Food Program (WFP), which has a large staff on the ground, says the level of destruction indicates many of these people have been affected and will require help. The Director of the WFP office in Geneva, Charles Vincent, remarked that the first priority is to save lives. “To rescue people that are buried, that are trapped, etc. […] followed very rapidly by a big problem of water, sanitation, epidemic-problems of diseases that might be bred in that kind of situation,” he noted.

The Haitian ambassador to the United States, Raymond Joseph, told CNN the Caribbean nation is seeking US assistance, and called the quake a catastrophe of major proportions. “I’m quite sure we’re going to face a disaster of major proportion,” he said.

Separately, the Inter-American Development Bank said it will immediately approve a $200,000 grant for emergency assistance to Haiti. The funds will be used to provide food, water, medicine and temporary shelter for victims of the massive quake.

The US Agency for International Development is dispatching a disaster assistance response team to Haiti and commented that it will continue to provide additional support as needed.

The UN, meanwhile, dispatched approximately 37 search and rescue teams to assist Haitians from a global network. UN General Secretary Ban Ki-moon said that US$10 million worth of emergency funds would be used. “I have spoken with Mr. Clinton and we have agreed to mobilize our best assistance and rescue teams and try to reconstruct the Haitian economy. The UN will do whatever possible to help the Haitian people to overcome these difficulties,” Ban stated.

Ban noted that 3,000 UN peacekeepers were in Haiti, and that they secured the seaport and airport. They are trying to rescue people buried underneath rubble, he said, but were severely hampered by lack of heavy equipment. “Brazilian forces have been working through the night to rescue but because of the darkness and destruction of infrastructure not much progress has been made. We hope it will be better this morning,” Ban said.

The aid group Oxfam added that its emergency response team for Latin America is based in Haiti and is well prepared, with a public health, water and sanitation team in Port-au-Prince. Oxfam says it is preparing to send in emergency supplies as soon as possible from Panama.

The American Red Cross pledged US$500,000 to help the country, and would send out people to assess damage. “As with most earthquakes, we expect to see immediate needs for food, water, temporary shelter, medical services and emotional support,” it said yesterday evening in a statement.

A number of other nations, including the UK and Venezuela, are also planning to send aid.

A reporter for the Al Jazeera news agency, however, said there might be difficulties delivering aid. “We are about 300km from the epicentre of the earthquake, and we know that the UN agencies and the humanitarian groups here are trying to get together some kind of strategy to get aid over to Haiti. We know that there are trucks loaded with supplies ready to go but the difficulty is that no-one really knows how to get that aid to the people [effectively].”

This quake is said to have been the strongest in Haiti in over two hundred years; the last time an earthquake of comparable magnitude was recorded was in 1770.

Haiti is the Western Hemisphere’s poorest country. Recent development efforts have suffered severe setbacks because of political violence, crime, corruption and natural disasters. Seventy percent of the population lives on the equivalent of less than US$2 per day.

Thursday, June 7, 2007

Tropical Storm Gonu headed toward Iran today, after lashing Oman for two days with high winds and torrential rains, and causing at least 23 deaths and the evacuation of more than 20,000 people to emergency shelters. Concern was high for the oil industry, as rough seas kept tankers from leaving their ports.

Such storms are rare in the Middle East. Early today, Gonu was weakening and was downgraded to a tropical storm. The Joint Typhoon Warning Center projected the storm to continue weakening as it made landfall on Iran’s southeastern coast. Offshore Iranian oil installations were expected to be spared, officials said.

In the Omani capital, Muscat yesterday, there were torrential rains and howling winds, a rarity in the quiet coastal city. Streets were flooded and emergency vehicles were useless. Flights were canceled at Oman’s Seeb International Airport.

Twenty-three deaths were reported by Omani authorities today. Electricity and phone lines were out and roads flooded. Police said a body washed ashore in Sur. There were also reports of people trapped in homes in low-lying areas of the capital.

Authorities used mobile-phone text messages to warn people away from dangerous areas. Residents were warned to stay at home, or seek shelter in buildings that could withstand the harsh weather.

Shareefa bint Khalfan, Omani minister of social development, said more than 20,000 people were evacuated to government shelters.

At Oman’s weather center, where records have been kept since 1890, metorologists said Gonu was likely the strongest storm to hit Oman since 1977. Milder tropical storms are common mid-May to late June.

In Iran, hundreds of residents of Chabahr, a port on the Gulf of Oman, were evacuated.

“University and school students were moved to higher ground in the area to avoid the cyclone effects,” Hojjat Ali Shayanfar, head of emergency services in Sistan Baluchistan province, was quoted as saying by the Associated Press.

Some major roads were flooded in southeastern Iran. In the port city of Bandar Abbas, winds shattered windows and knocked down billboards & trees.

Oman has relatively small oil fields, and there was little damage to them. But oil exports were cut off, as the raging seas kept tankers battened down in port for a third day today. To the north, at the world’s third-largest shipping fuel center in Fujairah, United Arab Emirates, all refueling and supply operations were suspended, and ships were kept in their berths. At the entrance to the Persian Gulf, the Strait of Hormuz, ships passed through, despite four- to six-foot swells and strong winds. About one-fifth of the world’s oil passes through this narrow chokepoint.

Iran, OPEC’s No. 2 oil exporter, said the storm would not disrupt supplies because its main terminals were inside the Gulf waterway. Analysts were mixed on how the storm will affect prices at the gas pump.

“About 17-21 million barrels a day of oil are coming out of the Persian Gulf. Even if only some of the tankers are delayed, that could reduce the supply of oil and increase prices,” Manouchehr Takin, at the Center for Global Energy Studies in London, was quoted as saying by the Associated Press.

But Tim Evans, an analyst at Citigroup Global Markets, said while the storm may delay oil tankers, they will eventually get to their destinations, so prices shouldn’t be affected too drastically.

Oil prices rose US$0.25 to $65.86 a barrel in midday trading on the New York Mercantile Exchange.

At its peak, Tropical Cyclone Gonu, named for a bag of palm leaves in the language of the Maldives, reached sustained winds of 240 kilometers an hour (149 miles per hour) . By early today, winds were around 83 km/h, and it was expect to keep weakening.

The storm is believed to be the strongest cyclone to hit the Arabian Peninsula since record-keeping started in 1945, and was tied for the strongest tropical cyclone in the northern Indian Ocean, according to the Joint Typhoon Warning Center.

Wednesday, July 4, 2007

This weekend the European Commission launched its own channel on YouTube, a highly popular website for distributing videos made by its users.

Margot Wallström, the Commission Vice-president responsible for the communication strategy of the EU, explained that the channel on YouTube will be used to distribute informational and promotional videos about the EU.

YouTube allows users to create a “channel” in which to upload a series of videos in a dedicated, user-specific directory. The EU had used online videos before, but they did not catch on with a larger audience.

At the time of writing (July 4, 2007 at 21:25 UTC), the channel contained 47 videos, which were watched approximately 2.5 million times in total. A controversial video entitled “Film lovers will love this!” garnered over 1.8 million views alone. The video contains short segments of several successful movies whose production was funded by European Commission, the segments show couples undressing, kissing and reaching orgasm. It is intended to promote knowledge about the Media Program of the European Commission and its results.

Wednesday, September 6, 2006

The President of Pakistan, Pervez Musharraf is in Kabul for a two-day visit during which he is scheduled to hold talks with his Afghan counterpart, Hamid Karzai. The talks are expected to focus on the continuing militant activity on both sides of the border, with Taliban forces allegedly infiltrating into Afghanistan from across the border in Pakistan.

Economic cooperation and reconstruction in Afghanistan are also on the agenda. President Musharraf is scheduled to meet cabinet ministers and address parliamentarians tomorrow. His delegation includes ministers for foreign and religious affairs and the petroleum sector, and the head of Pakistan’s intelligence agency.

“Frank discussions on the war on terror and expanding bilateral cooperation on regional issues,” read a statement by President Karzai’s office.

Pakistan foreign office spokeswoman Tasnim Aslam told AFP news agency that the Presidents “will exchange views on bilateral relations, economic cooperation, reconstruction activities in Afghanistan and cooperation in the fight against terrorism,”

“Afghanistan is expecting the Islamic Republic of Pakistan to take effective action against terrorism,” Afghan Foreign Ministry spokesman Sultan Ahmad Baheen said.

Pakistan signed a peace agreement with pro-Taliban militants in the North Waziristan region on the eve of the visit. The deal aims to end years of unrest in the border province. Under its terms the Pakistan military forces and militants will stop attacks on each other and the militants have agreed to disarm or expel foreign Al-Qaeda-linked fighters in the area. Pakistan has rejected criticism that the deal will allow pro-Taliban forces to operate freely in the area.

“Pakistan is committed to its policy on war on terror, and Osama caught anywhere in Pakistan would be brought to justice,” army spokesman Maj. Gen. Shaukat Sultan told the Associated Press.

On Wednesday, President Karzai met the NATO General Secretary Jaap de Hoop Scheffer in Kabul and signed an accord aimed at boosting security and development in the country. The NATO chief warned that “some of the terrorists, the spoilers, think they can win in the south,”, adding “They are wrong. Because they cannot win, they will not win, […] That is why we are engaged in combat as well at this very moment.”

The visit comes amidst an upsurge in violence in Afghanistan, with US forces saying that 60 militants were killed by artillery and air-strikes on Tuesday. Some 700 more are believed to be surrounded by soldiers in an operation in Khandahar province.

NATO and Afghan forces launched an operation in Khandahar’s Panjwayi district last weekend, and NATO reports 250 militants as killed in the operations, though a Taliban commander has disputed the figure and there is no independent confirmation of the toll. Hundreds have been killed in continuing fighting between government and international security forces and insurgents in the last four months.

An estimated 1500 families have been displaced by the fighting in Khandahar.

Suspected Taliban militants shot dead two muslim clerics in Lashkar Gah, capital of the Helmand province in the last two days and raided a district headquarters in the town of Arghandad in Zabul province.

Musharraf last visited Afghanistan in 2002. Afghanistan has previously complained that Pakistan is not doing enough to combat Taliban insurgency in its side of the 2,250km (1,400-mile) mountainous border between the two countries. Earlier in the year, allegations by Afghanistan that Taliban and Al-Qaeda leaders were living in Pakistan were dismissed by Musharraf as “nonsense”. In February, Afghanistan issued a list of 150 Taliban suspects it said were living in Pakistan. President Musharraf dismissed the information as “old and outdated”, but President Karzai reiterated that the list was up-to-date.

Some Al-Qaeda and Taliban leaders have been arrested in Pakistan, which has also stationed close to 80,000 troops along the Afghan borders. There is international pressure on Musharraf to deal with Islamist groups in Pakistan who are believed to assist Taliban forces.

“Pakistan has the potential to be the solution to the problems of Afghanistan,” Afghan foreign ministry advisor Ali Muradian said.”We hope that President Musharraf will open a new chapter in relations between Afghanistan and Pakistan.”

Pakistan was closely associated with the Taliban’s rise to power in the 90s one of only three nations that recognised the then Taliban government.

While state run dailies Kabul Times and Hewad expressed hope that two leaders will work together to improve security, The daily Cheragh said that while statements about restoring security can be expected from the meeting, “as experience has shown”, previous pledges by Pakistan “have not been fulfilled”.

Kabul Times also said Afghanistan was grateful for Pakistan’s help to thousands of Afghan refugees.

“The key concern is whether the agreement is going to lead to more insurgents going to and fro across the border or less,” A diplomat told AFP, while another questioned Pakistan’s peace deal with the militants.

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.

Thursday, January 24, 2008

The 2008 Taipei Game Show, organized by the Taipei Computer Association (TCA), started at Taipei World Trade Center today and ends next Monday (January 28). World-class gaming experts, governmental officials, and companies from the digital content industry gathered there for trade opportunities and to experience exchanging in the gaming industry.

Before the opening of the 2008 Taiwan Digital Contents Forum, Minister of Economic Affairs of the Republic of China Steve Ruey-long Chen, looked on a bright side of the gaming industry and said to executives and media: “We (the public) witnessed the grown up of gaming industry as digital content industry brought up value of production on retail and arcade games and indirectly brought up the population of gaming people in Taiwan.”

Before that comment by Steve Chen, the 2008 Taiwanese Cyber-Gaming Competition was set up by the organizer and Industry Development Bureau of Ministry of Economic Affairs, supervisor of the “Digital Content Development Project in Taiwan”. The organizer said he hopes this competition can market MIT (Made in Taiwan) games to the world and directly discover gaming talents and developers.

Not only did officials and executives come, but the TCA, Taipei Orphans Welfare Association, and Taiwan Gaming Industry Association also held special charity biddings to help orphan kids in Taiwan. At this special event, the TCA invited Shih-yuan Chou, Sean Hsing-an Chen, Chih-chung Chen, Wen-ting Tseng, and Hsueh-lin Li as the charity ambassadors.

Even with the weather on the down side in Taipei, nearly 10,000 people visited the show. According to the TCA, the peak number of visitors are expected to be on the weekend after several entertainers and sports-people made their stops at the show earlier.

[edit]

Wednesday, December 27, 2006

At least 68 different pieces of luggage has been found behind a pet store inside a garbage dumpster in Houston, Texas. The luggage came from several different international flights and authorities do not know how they got there or if the contents of the luggage have been stolen.

“We’re going to be investigating and the authorities are going to be investigating,” said spokeswoman for Continental Airlines, Mary Clark. All luggage was handed over to Continental Airlines.

The luggage is reported to have been sifted through, and most pieces have come from all over the world. The luggage is reported to have come from Bush Intercontinental Airport. Some pieces of the luggage have name tags and Clark states that “we’re trying to reach whoever we need to let them know the bags are there.”

Officers with the Houston Police Department are in charge of the investigation. The luggage was found by individuals who own the pet store.

The FBI has stated that the bags do not pose any danger.

Saturday, December 11, 2004

VIENNA –Doctors from the Rudolfinerhaus clinic in Vienna say “there is no doubt” Ukrainian opposition leader Victor Yushchenko was poisoned with Dioxin.

Yushchenko’s body had about 1,000 times more than the normal concentration of the toxin. It is unknown if there were any other poisons in his system.

Although it has not yet been proven that the poisoning was deliberate, doctors suspect it was. “We suspect a cause triggered by a third party,” said Michael Zimpfer, head doctor at the Rudolfinerhaus clinic. He suggested the poison may have been administered orally, through food or drink.

Today’s announcements are a follow-up of an earlier press conference, where Dr. Korpan that there were three hypotheses under consideration, one of them involving dioxin. He did not reveal what the other two hypotheses were. Dr. Michael Zimpfer, director of the Rudolfinerhaus clinic emphasized that time there was no proof yet to specify the substance causing the illness.

Yushchenko left Kiev on Friday (2004-10-12) for further examination in Vienna. When Yushchenko fell ill on October 6th, Ukrainian doctors had initially diagnosed food poisoning, leading to speculation that he had been poisoned deliberately. The illness has disfigured Yushchenko’s body and face which doctors say could take up to two years to heal.

He fell seriously ill on the September 6th, during his presidential campaign. Yushchenko was taken to the Rudolfinerhaus clinic of Vienna, where he stayed for four days under Dr. Korpan’s care. He was diagnosed with “acute pancreatitis, accompanied by interstitial edematous changes.” These symptoms were said to be due to “a serious viral infection and chemical substances which are not normally found in food products” as his campaign officials put it. In laymans terms, he developed an infection in the pancreas and got a bad skin condition that disfigured his face with cysts and lesions. The skin condition has similarities with the chloracne associated with dioxin posioning according to a British toxicologist John Henry.

• Viktor Yushchenko (left) as he appeared in July 2004 and (right) as he appeared in November after the poisoning(Gleb Garanich/Vasily Fedosenko/Reuters)

Earlier, doctor Nikolai Korpan of Rudolfinerhaus clinic confirmed today that the illness of Ukrainian presidential candidate Viktor Yushchenko was caused by an attempt to kill him.