Commons:Deletion requests/Files uploaded by Diablo del Oeste

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files uploaded by Diablo_del_Oeste (talk · contribs)

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Unlikely authorship claims. Low-resolution photos without EXIF data, uploaded by a user with a long record of uploading copyright violations.

—LX (talk, contribs) 15:13, 18 August 2011 (UTC)[reply]

Deleted: Just to be safe. As uploaded by an user who has history of uploading copyvios, and also currently blocke. — [ Tanvir | Talk ] 06:01, 19 August 2011 (UTC)[reply]

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files uploaded by Diablo del Oeste (talk · contribs)

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These images were all first published in Argentina after 1976 (earliest are from 1977) and before 1996, and are all public domain in Argentina; Argentina's copyright term for photographs is 20 years after publication. However, because the URAA applies to Argentinian works beginning on 1 January 1996, all of the images are still copyrighted in the US, due to still being copyrighted in Argentina in 1996, and so cannot be kept at Commons without an alternative license.

Diablo del Oeste uploaded a few other images in the same period that these images were uploaded. They are CC-licensed and tagged as self-made, and Google's reverse image search did not find any earlier copies.

Jc86035 (talk) 17:40, 17 December 2018 (UTC)[reply]

You understand that what you mean is that there isn't a single photo that can use the PD-AR-Photo license, right? Because the license applies to Argentine photos that are at least 25 years old, yet we haven't reached 2021 yet. Pardon me, but what you're saying is, simply put, ridiculous. And even more taking into account that there are thousands of photos in Wiki Commons that have been uploaded with the PD-AR-Photo license. I'm going to mention just a few but you can see them all in the Category:PD-AR-Photo:

Now tell me, are you going to delete all the photos in the Category:PD-AR-Photo? Because the rules would apply to all the other photos in Wiki Commons, not just the ones uploaded by me.--Diablo del Oeste (talk) 17:57, 17 December 2018 (UTC)[reply]

@Diablo del Oeste: I'm not a lawyer, but presumably {{PD-AR-Photo}} would be useful for some Argentinian photos published before 1975 (assuming the URAA is valid and doesn't apply to them).
Just because you're not the only one who's uploaded post-1975 photos doesn't mean the other people who have done that are right. Commons:URAA leaves me unsure as to whether the current Commons stance is to unilaterally ignore that the law exists.
I'm not particularly invested in whether these photos are deleted, but Commons:Deletion requests/File:"Pato" Gasparini.jpg might be useful (or it might not be; I don't know if the rationale's valid but the file was deleted). Jc86035 (talk) 19:05, 17 December 2018 (UTC)[reply]

But according to your arguments then it doesn't matter if the Argentine photo is from before or after 1975, because all Argentine photos right now wouldn't be valid, because 25 years haven't passed yet since 1996. I checked the Category:PD-AR-Photo and there are 19,715 photos in that category... now, if we are going by your arguments, the idea of deleting 19,715 photos is just ridiculous, and moreover: why didn't you delete them before? Why only now, after years and years of them perfectly sitting in Wiki Commons?--Diablo del Oeste (talk) 19:28, 17 December 2018 (UTC)[reply]

Another thing. The {{PD-AR-Photo}} license is very clear: Argentine photos that are 25 years old, or older than that, can be shown because their copyright have expired. We have to use common sense: why would the license even exist in Wiki Commons if it couldn't be used?--Diablo del Oeste (talk) 14:54, 19 December 2018 (UTC)[reply]

Another thing. May I remind you that this is an issue that has been already discussed by my fellow Argentine contributors, which expressed their worry in an open letter, which you can read here: Wikimedia Argentina/Open letter regarding URAA. This letter was part of a series of letters from Israel, Spain and Venezuela. In sum: restriction of content that is perfectly legal to be shown, will jeopardize the whole Wiki project and demoralize contributors that put lots of efforts to contribute in good faith to the project.--Diablo del Oeste (talk) 15:18, 19 December 2018 (UTC)[reply]

Another thing. The following list has examples of images that would have to be deleted if you delete the photos I uploaded:

--Diablo del Oeste (talk) 16:46, 19 December 2018 (UTC)[reply]

So, in the light of the things I mentioned, I ask the people in charge of Wikimedia Commons to stop this irrational and unjustified deletion request that has no legal grounds. This measure seems arbitrary and capricious, and little more than harassment to good faith contributors that want to contribute positively to Wikimedia Commons. Even more: the fact that, as I have shown, there are thousands of Argentine images that have been uploaded to Wiki Commons without problem, that are hosted without problem to this very day, and that their uploaders weren't harassed at all, makes even more evident that this deletion request is an isolated incident without any legal ground. For all this, I ask all the people in charge of Wikimedia Commons to nullify this deletion request and let the images I uploaded continue to be in Wikimedia Commons, just as the thousands of Argentine photos that are hosted here because they are completely legally valid. Regards.--Diablo del Oeste (talk) 17:01, 19 December 2018 (UTC)[reply]

 Keep Commons:URAA-restored copyrights: "A mere allegation that the URAA applies to a file cannot be the sole reason for deletion." see also Commons:Massive restoration of deleted images by the URAA: "URAA cannot be used as the sole reason for deletion. Deleted files can be restored after a discussion in COM:UDR. Potentially URAA-affected files should be tagged with {{Not-PD-US-URAA}}" and "The WMF does not plan to remove any content unless it has actual knowledge of infringement or receives a valid DMCA takedown notice. To date, no such notice has been received under the URAA. We are not recommending that community members undertake mass deletion of existing content on URAA grounds, without such actual knowledge of infringement or takedown notices." -- Slowking4 § Sander.v.Ginkel's revenge 20:48, 20 December 2018 (UTC)[reply]
 Keep Agree with everything written above by both Diablo_del_Oeste and Slowking4.--Cabeza2000 (talk) 17:03, 25 December 2018 (UTC)[reply]
 Keep per Commons:URAA-restored copyrights and Commons:Massive restoration of deleted images by the URAA; a mere allegation that the URAA applies to a file cannot be the sole reason for deletion. Banfield - Amenazas aquí 15:53, 15 February 2019 (UTC)[reply]
 Keep per this DR debate that reaffirms what other users stated above. - Fma12 (talk) 16:03, 17 February 2019 (UTC)[reply]

Kept: by User:Gbawden. --JuTa 21:46, 3 June 2019 (UTC)[reply]

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files uploaded by Diablo del Oeste (talk · contribs)

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Scan an crops from an newspaper article published in 16 December 1977 in Argentina (see for example File:Laopinion08.png). The images that have a text are still copyrighted in Argentina (70 years pma). The photos are currently in the public domain in Argentina, but they were not in 1996 at URAA time. Thus, the article and photos are still protected in the USA. We cannot keep these files due to precautionary principle.

Günther Frager (talk) 13:02, 9 September 2023 (UTC)[reply]

Deleted: per nomination. --Materialscientist (talk) 08:20, 1 November 2023 (UTC)[reply]

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