Thaksin ordered back to Thailand on stock-sale charges

Filed in Uncategorized Leave a comment

Tuesday, June 19, 2007

Ousted and living in exile, with assets frozen in Thailand, former Thai prime minister Thaksin Shinawatra was ordered today by the Royal Thai Police to appear on charges related to the sale of some of his family’s stock holdings.

The order adds to mounting, increasingly complex legal troubles for Thaksin, the telecommunications billionaire who led Thailand until he was unseated in a coup last year.

Thaksin and his wife, Potjaman Shinawatra, who are both outside of Thailand, were both ordered to present themselves to the Department of Special Investigation (DSI) by June 29 at the latest. A relative of Potjaman’s, Busaba Damapong, was also ordered to appear.

“If they intentionally fail to appear, we must issue an arrest warrant,” DSI chief Sunai Manomai-udom was quoted as saying by Agence France Presse.

Noppadol Pattama, Thaksin’s lawyer and spokesman in Thailand, could not say when his client would return.

“We will have to seek legal consultations among the lawyers. His security is only one factor. We will have to see what our options are and consult with him as well,” Noppadol was quoted as saying by Associated Press.

Last week, interim Prime Minister Surayud Chulanont and the junta’s leader, General Sonthi Boonyaratglin, both said Thaksin could return to Thailand of his own free will, in order to appeal the seizure of his assets. But later, Sonthi said Thaksin might face harm if he returned too soon.

The latest charges relate to the transfer of shares in 2000 in a real-estate company called SC Asset to a British Virgin Islands-owned company called Win Mark. Police say the Shinwatras’ controlling ownership of SC Asset was illegally concealed through nominees. Potjaman’s relative, Busaba Damapong, served as executive director of SC Asset.

Through nominee companies and disclosed shares, Sunai said, the Shinawatra family owned 79.87 percent of SC Asset. “Not only did they have control of a majority stake but also control over board decisions,” Sunai told Associated Press.

They broke the law in failing to report their ownership in SC Asset and failing to report the transfer of the shares, Sunai said. They could face five years in prison and fined at least 500,000 baht (about US$15,000), Sunai added.

Thaksin is also supected of violating the prohibition on Cabinet members holding shares in publicly traded companies, and could face up to ten years in prison and a 1 million baht fine for that.

Potjaman and Thaksin were also charged yesterday over the purchase of a 13-acre tract of land along Ratchadaphisek Road near the Thailand Cultural Centre in Bangkok.

The Office of the Attorney General says Potjaman purchased the land in an auction that was possibly rigged. Valued at 2.1 billion baht before the 1997 Asian financial crisis, and 870 million baht after, Potjaman purchased the land in 2003 for 772 million baht.

The Attorney General’s office is recommending to the Supreme Court that the land be confiscated by the government.

Potjaman is also sought in Thailand to testify before the Assets Examination Committee (AEC) on the sales of her family’s Shin Corporation stock to Singapore-owned Temasek Holdings.

She sent word today that she is seeking medical treatment for headache and irregular heartbeat in Raffles Hospital in Singapore, and that she asked the AEC to delay the hearing.

Potjaman appeared in court last month to plead not guilty to charges of tax evasion in the sale of Shin Corp. stock to Temasek.

The AEC yesterday ordered an additional seven bank accounts seized after it was discovered that the accounts are controlled by the Shinawatra and Damapong families. The accounts contain 8 million baht that was feared missing last week after the AEC ordered 21 of Thaksin’s bank accounts frozen. The 8 million baht had been transferred just before the AEC’s order, to the other seven accounts.

Authorities have frozen a total of 52 billion baht, or about US$1.6 billion, frozen, money they say came from the Shinawatra family’s sale of Shin Corp. stock to Temasek. The stock sale prompted mass protests against Thaksin last year and was one of the factors in the coup that overthrew his government. The authorities also believe that the Shinawatras and the Damapongs have 73 billion baht from the stock sale remaining in Thailand, and officials are still hunting for another 21 billion baht to seize.

Haze in South East Asia worsens

Filed in Uncategorized Leave a comment

Friday, October 6, 2006

The acrid haze situation in Southeast Asia is worsening. Visibility has been severely reduced in neighboring countries and some schools have been closed due to the health hazard posed. The annual smoke season is caused by illegal slash and burn clearance of land in Indonesia, particularly the island of Borneo.

The haze has spread over 2,250 miles (3,600 kilometers) into neighboring countries such as Singapore, Malaysia, Thailand, and even drifting to Guam in the western Pacific.

Aviation has been severely impaired in Indonesia, where in certain areas, visibility is only a mere 200 to 300 meters. Helicopter service in Malaysia’s Sarawak state, a key mode of transportation there, has been halted due to the poor visibility. A Mandala Airlines Boeing 737-200 carrying a 110 people had overshot the runway at Tarakan airport in Kalimantan province in Indonesia. The aircraft came partly to rest in a nearby swamp. Visibility at the time was around 400 meters, 600 meters short of Indonesian landing safety regulations.

Schools in Thailand, and Indonesia have also been forced to closed, and look likely to stay closed well into next week.

Air pollution indices around the region have also registered a spike in poor air quality. Sarawak state’s index came in at 106-188 with 100-200 being unhealthy. In Malay peninsula, the air pollution index in five states came in at 101-116. In Singapore, the Pollution Standards Index registered between 80-130 with 81-100 in the moderate range and 101-200 in the unhealthy range.

This article features first-hand journalism by Wikinews members. See the collaboration page for more details.
This article features first-hand journalism by Wikinews members. See the collaboration page for more details.

Wikinews journalist Timlee90 reports:

The air quality here in Singapore is so bad that I could feel the dust in my mouth as I was walking on the streets today. The air constantly smells of burning wood and visibility is never more than a kilometer. Singaporeans I know are concerned about the deteriorating situation.

Timothy Low, a Singaporean who’s just finished his national service says that he is concerned about the situation, “I can’t run to exercise. People with lung related problems have difficulty breathing; It causes tearing also.” The government here has advised citizens to reduce vigorous activity, especially those with existing heart or lung conditions.

The Indonesian government has been criticized by environmentalist groups such as Greenpeace, which claims that the allowed conversion of forests into cropland is the cause of the problem. The also call on the Indonesian government to “investigate and hold liable plantation companies responsible for slash and burn clearing”.

The Indonesian government has responded to the criticism that it is doing all that it can do. “We don’t know when we can put out the fires but we are working tirelessly and have spent billions of rupiah (hundreds of thousands of dollars) in our efforts,” Forestry Minister Malem Sambat Kaban said. “As for complaints from neighbouring countries, there’s nothing else we can do. We don’t cause the fires deliberately.”

In 1997-98, the haze cost the Southeast Asian region an estimated US$9.0 billion by disrupting air travel and other business activities

U.K. National Portrait Gallery threatens U.S. citizen with legal action over Wikimedia images

Filed in Uncategorized Leave a comment

Tuesday, July 14, 2009

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

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.

Moscow celebrates Victory Day with military parade

Filed in Uncategorized Leave a comment

Monday, May 11, 2009

On May 9, Moscow heralded its celebrations of Victory Day with one of the largest military parades seen since the fall of the Soviet Union through the Red Square and the streets of Moscow. Signifying the defeat over Nazi Germany in 1945 in World War 2, Victory Day continues to be one of the most poignant and emotional celebrations and national holidays in Russia. Estimates of more than 27 million lost lives during the war continues to leave a vein of sadness in Russia.

Victory day began early in Moscow with inner city streets being closed from 6am and the major entrance of Tverskaya Ulitsa completely locked down with all access to non-military blocked until the end of the parade. Tens of thousands of people lined the upper parts of Tverskaya to see the exit of the military as well as the air force fly-over on their entrance to Red Square. In total more than 9,000 troops, 69 planes and a huge collection of armored vehicles, tanks, and massive anti-aircraft missile defense systems ensured that Moscovites and the rest of Russia will remember Victory Day 2009.

In scenes reminiscent of the end of the war military bands played around the city until all hours of the night. At Leningradsky station departing veterans and widows danced and celebrated with younger generations whilst loudly singing the national anthem. As trains departed, staff handed out flowers in recognition of the contributions made and loud cheers were heard across the many platforms. In a touching event it seemed to bond the generations of yesterday and today.

Preparations for the military parade began months ago with regular rehearsals in Alabino including the erection of a mock Red Square and Kremlin to ensure authenticity. Final dress rehearsals took place in Moscow on May 7 including a full practice of the air show. On display for the first time was the S-400 air defense system which is capable of intercepting airborne targets at ranges up to 400 kilometers (249 mi).

Following the official parades and ceremonies, Red Square and the the inner city was opened to the public, albeit under extreme security and an ever watching eye from Interior Ministry troops. During the afternoon there was an estimated crowed of over 100,000 which entered Red Square to admire the parade ground and decorations, including the official stand for the dignitaries.

Closing the festivities was a series of fireworks in fourteen different locations throughout Moscow including the grand display over the Kremlin and Red Square.

Woman finds human finger in bowl of chili at Wendy’s restaurant

Filed in Uncategorized Leave a comment

Thursday, March 24, 2005

San Jose, California — A woman eating a bowl of chili at a Wendy’s restaurant bit into a chewy bit that turned out to be a human finger. She immediately spat it out, warned other patrons to stop eating, and upon recognizing the object as a finger, vomited.

“I’m more of a Carl’s Jr. person,” the 39-year-old Las Vegas woman, Anna Ayala, told Knight Ridder. She said this incident was her first visit to a Wendy’s restaurant. Ayala described how she found the finger, “Suddenly something crunchy was in my mouth,” she continued, “and I spit it out.”

According to Devina Cordero, 20, after Ayala found the finger, she ran up to her and Cordero’s boyfriend and said, “Don’t eat it! Look, there’s a human finger in our chili.”

“We went up to the counter and they told us it was a vegetable,” Cordero continued. “The people from Wendy’s were poking it with a spoon.”

The restaurant is located at 1405 Monterey Highway, just south of downtown San Jose.

Wikinews reporter David Vasquez drove his car up to the drive-thru menu and found that chili was still on the menu, at a price of US$1.19 for a small serving. He also witnessed workers unloading supplies from a semi-trailer truck in the restaurant’s parking lot, and carting them into the back door of the establishment.

According to Ben Gale, director of environmental health for Santa Clara County, the finger did not come from any of the employees at the restaurant. “We asked everybody to show us they have 10 fingers and everything is OK there,” he said. The found portion of the finger likely belonged to a woman because of its long and manicured fingernail, also found in the food.

Officials seized the food supply at the restaurant and are tracing it back to the manufacturer, where they believe the finger may have gotten mixed in with the raw ingredients used to prepare the chili. The restaurant’s operators were later permitted to re-open after preparing new chili prepared from fresh ingredients.

As this story was filed, there was no mention of the incident on the Wendy’s corporate web site. Wendy’s issued a statement through a spokesman.

“Food safety is of utmost importance to us,” said Wendy’s spokesman Joe Desmond. He referred to the incident as an “unsubstantiated claim.”

“We are cooperating fully with the local police and health departments with their investigation. It’s important not to jump to conclusions. Here at Wendy’s we plan to do right by our customers,” Desmond said.

According to county health officials, the unfortunate woman who bit into the finger is doing fine, despite her initial reaction. Officials also noted that the finger would have been cooked at a high enough temperature to destroy any viruses.

The Santa Clara county medical examiner reported that the finger had a solid fingerprint, although investigators did not say if a search of fingerprint databases would be performed to find the owner of the finger.

This article features first-hand journalism by Wikinews members. See the collaboration page for more details.
This article features first-hand journalism by Wikinews members. See the collaboration page for more details.

France, Italy, UK sending military advisers to Libya; photojournalists killed in Misrata

Filed in Uncategorized Leave a comment

Thursday, April 21, 2011

France and Italy have announced along with the United Kingdom that they will be sending military advisers to help Libyan rebels in their fight against the forces of Libyan leader Muammar Gaddafi.

Italian Minister for Defence Ignazio La Russa said Wednesday that his country will send ten instructors. French officials said they would send fewer than ten. The British Foreign Secretary, William Hague, said they would send a team that could possibly contain up to twenty advisers.

La Russa said in a news conference that the advisers’ roles had yet to be determined, “They won’t be on the battlefield. They’ll be mentors, they won’t accompany them. Training is one thing, participation another.”

He further said of the rebels, “They’re rich in enthusiasm, they want to fight for liberty, but naturally they are poor in experience and arms.” However, La Russa believes that not all the arms the rebels have were taken from the Libyan Army stockpiles, stating, “I don’t think they only have arms from the Gaddafi army. Some help arrived.” He did not elaborate on the final statement.

Meanwhile, U.S. officials say President Barack Obama’s administration plans to give the Libyan opposition $25 million in non-lethal assistance. The officials say the assistance could include items such as vehicles, fuel trucks, protective vests and non-secure radios.

Libya’s foreign minister, Abdul Ati al-Obeidi, criticized the dispatch of foreign military advisers, saying it will harm chances for peace in the country. In an interview with the BBC, Obeidi called for a ceasefire followed by a six month period to prepare for an election. “We think any military presence is a step backwards, and we are sure that if this bombing stopped and there is a real ceasefire we could have a dialogue among all Libyans about what they want — democracy, political reform, constitution, election. This could not be done with what is going on now,” said Obeidi.

The move comes as UN officials condemn the use of cluster bombs that are in use by pro-Gaddaffi forces, a tactic banned under the Convention on Cluster Munitions, of which Libya is not a signatory.

UN High Commissioner for Human Rights Navi Pillay stated, amidst reports of snipers attacking civilians in many towns, that use of such munitions would “inevitably lead to civilian casualties”, whilst also calling for NATO forces to “exercise the utmost caution and vigilance so as not to kill civilians by mistake”. Pillay praised the Libyan government for allowing on Monday a U.N. humanitarian base in the capital city of Tripoli.

Meanwhile, fighting has continued between rebel and pro-government forces this Wednesday in the besieged western port city of Misrata, where residents are pleading for international intervention.

British photojournalist Tim Hetherington, who co-directed the documentary film Restrepo, which was nominated for an Academy Award for Best Documentary Feature this year, died from wounds he suffered in an RPG attack in the city.

In besieged Libyan city of Misrata. Indiscriminate shelling by Qaddafi forces. No sign of NATO.

His colleagues, photographers Chris Hondros and Guy Martin were also severely wounded. Hondros suffered a severe brain injury leaving him in a critical condition and eventually succumbed to his injury at a triage center and Martin, a British citizen, was injured by shrapnel, and is now receiving vascular surgery. Another with the group, Michael Christopher Brown also received shrapnel wounds which were not life-threatening.

Hetherington last updated his Twitter account on Tuesday, which read, “In besieged Libyan city of Misrata. Indiscriminate shelling by Qaddafi forces. No sign of NATO.”

Leaders in the rebel-held city called for the urgent intervention of foreign ground troops to protect the 500,000 civilians there, the first such request by anyone among Libya’s opposition forces. The rebels’ civilian leadership, the Transitional National Council, has however rejected the presence of foreign troops on Libyan soil to help their cause.

Meanwhile, across the country, NATO airstrikes again struck government installations in several cities.

Mine explosion in northeastern China kills at least 42, dozens more trapped

Filed in Uncategorized Leave a comment

Saturday, November 21, 2009

An explosion at a gas mine in northeastern China has killed at least 42 people today, state media reported. 66 more miners are feared to have been trapped as well. Another 400 were able to escape safely.

The news agency Xinhua said that 528 workers were in the mine, located in the Heilongjiang province, when the explosion occurred at about 02.30 local time (18.30 UTC).

The blast was strong enough to shake buildings nearby, and some survivors said they were knocked unconscious. “I passed out for a while. I found I was shrouded by heavy smoke, when I regained consciousness. I groped my way out in the dark,” said a 27 year-old electrician, Wang Xingang, to Xinhua.

Rescue operations are still ongoing for those trapped in the mine. State television said that 156 rescuers were at the scene searching for more survivors.

Tips On Choosing A Housing For Rent In Topeka

Filed in Management Software Leave a comment

byAlma Abell

The process of finding a rental home can be stressful and very time consuming for all involved. Finding the right rental is a vital part of being happy in your new surroundings. Here are a few tips on how to choose a Housing For Rent in Topeka.

Budget

[youtube]http://www.youtube.com/watch?v=qLOfsac99Wc[/youtube]

One of the most important factors to consider before you go looking for a Housing For Rent in Topeka is what you can afford. Be sure to sit down and make a detailed budget and stick to it when looking for a rental. This will help you narrow down your search to the homes you know you can afford, which is the first step in finding your new rental. The last thing that you want to do is get into a rental that either you can’t afford or you can barely afford. This will put undue stress on you each month, which could be bad for you and your family.

Features

Another important factor to consider before you go searching for a Housing For Rent in Topeka is the features that you are looking for. Fireplaces or a certain number of bathrooms are just a few of the most common things people look for in a new house for rent. By knowing what you are looking for, you will be able to narrow down your search. You should not that no one house is going to have everything that you want, so be sure to be willing to compromise in order to find a good home.

Proximity

In order to find the best area for your new rental, you should do a quick inventory of the time you spend in different parts of your town. This will allow you to see which neighborhoods would best suit you and your schedule. By renting a home that is close proximity to work or school, you will be able to commute easier and cheaper.

If you are looking for local houses for rent, then be sure to check with RMS Professional Property Management. They offer a wide array of homes that are sure to suit just about any tastes.

Wikinews Shorts: January 13, 2009

Filed in Uncategorized Leave a comment

A compilation of brief news reports for Tuesday, January 13, 2009.

Contents

  • 1 Anti-government protests in Riga, Latvia cause riots
  • 2 Obama will close Guantanamo Bay in his first week say advisers
  • 3 Greek shipping magnate kidnapped in Athens
  • 4 Microsoft permits additional Windows 7 beta downloads
  • 5 Cristiano Ronaldo crowned Footballer of the Year
  • 6 Change of mind: Democrats accept Burris
  • 7 Obama inauguration to appear in Lego form

Amélie Mauresmo wins Australian Open

Filed in Uncategorized Leave a comment

Sunday, January 29, 2006

French tennis champion Amélie Mauresmo yesterday won her first Grand Slam title at the Australian Open in Melbourne. Mauresmo was winning 6-1 2-0 when her opponent, Belgian player Justine Henin-Hardenne, retired, citing a stomach complaint.

After winning a rally in the second game of the second set, Henin-Hardenne approached the umpire and complained of feeling unwell. She then consulted her trainer before returning to the court. After losing two points, she approached the net and told Mauresmo she was too ill to continue, ending the game in 52 minutes.

Henin-Hardenne apologized to her opponent, the tournament organisers and a disappointed crowd of 15,452 people. “I’m feeling very disappointed for sure to end the tournament this way. I am feeling very sick and couldn’t stay longer and continue,” she said.

She later told a press conference that she believed anti-inflammatory medication she had been taking for a shoulder injury had made her feel ill and left her with no energy. “I felt it when I woke up, but I tried. I knew at the beginning of the match that I could not win it,” she said.

Henin-Hardenne’s retirement gave Mauresmo her third victory by default in the tournament. She reached the fourth round after Dutch player Michaella Krajicek retired with heat exhaustion. In the semi-final, Mauresmo was again the beneficiary of a retirement when Belgian player Kim Clijsters retired with an ankle injury.

Until now, 26-year-old Mauresmo was the only former world no.1 to never have won a Grand Slam title. She said in a post-match interview that when she returns home to her base in Geneva, Switzerland, she will toast the win with a bottle of 1937 Château d’Yquem wine which she has been saving to celebrate her first grand slam title.

“I bought a bottle about three or four years ago. Very good one. Very old one also. I keep it. I thought, “You know, this one is going to be for my Grand Slam, my first Grand Slam title,”” she said.

Mauresmo’s win comes seven years after the then unseeded player reached the 1999 Australian Open final, the last time she has reached a Grand Slam final. She lost to Martina Hingis and was berated by the press and several players for her muscular build and for acknowledging her then partner, Sylvie Bourdon, believing if they were open about their relationship, people would be less inclined to gossip. At the time, Lindsay Davenport complained that playing Mauresmo was like playing against a male player. While Martina Hingis accused her of being “half a man.”

Henin-Hardenne’s retirement is the first time a player has retired from a women’s Grand Slam final since Brazil’s Maria Bueno retired in 1966 during a final against Australia’s Margaret Smith Court.

Mauresmo is now ranked world no.2 and is the first Frenchwoman to win an Australian Open since Mary Pierce won in 1995. Mauresmo takes home the Australian Open trophy and prize money of $AU1,220,000, while Henin-Hardenne walked away with the runner-up prize money of $AU610,000.

TOP