Taliban resurgent in Pakistan on enforcement of Sharia law

Friday, May 4, 2007

“Pakistan was un-affected by Talibans and al-Qaeda (in my opinion) until the US flushed them out of Afghanistan. So 9/11 and WTC and the post WTC attacks by the ISAF (read American, for the locals) forces have led to the present condition in NWFP. At least that is the way the people there see it,” wrote Riaz A Hakeem in one of a series of email exchanges with Wikinews.

Mr. Hakeem, 58, left the North-West Frontier Province (NWFP) at the age of 25 and became a naturalized citizen of the U.S. Now a businessman who is active in Texas politics, he shares some views as a person who is in touch with his family and friends who remain in the region. He travelled throughout portions of Pakistan at the end of last year.

What is the current situation in the NWFP?

The Pashtun people are or were renowned for their hospitality. Many westerners commented on it. Some with suspicion NOT willing to believe some people so poor could be so generous. It was almost a character flaw. One could travel without fear of personal danger as long as you followed local protocols.

That was the sort of mind set among the people. An ageless paradigm of self satisfaction: this is enshrined in the code of the Pashtuns way of life.

The Islamic radicalism is in reality nothing but the Taliban movement. Not all Pashtuns are Taliban (obviously), but most Taliban are Pashtun. Of these, most belong to the FATA. Of these, most were affected by their cousins from Afghanistan coming over. Mingled with them were Arab-Afghans, Uzbeks and some Tajiks and even Chechens. Some of these married within the tribes and formed a bond with the locals. Marriage bonds go back in history.

This Talibanization shows itself in the content of the Friday sermons at the mosque. Now it shows in the popularity of growing beards, especially since the MMA – the coalition of religious political party’s – won power. More recently in their showdown with the Pakistan army in North and South Waziristan – where according to my sources, people prefer going to the Taliban for justice rather than the older system of Maliks and Political Agents. The latter are known as corrupt. In Pakistan, in general, people are sick of the amount of corruption.

Bannu, from where hails the Chief Minister of the NWFP, Mr. Durrani, is now in Taliban control in the sense that there is a parallel government that they have established which is functioning quite well and is popular among the people.

Has Taliban influence caused a stricter intrepretation of Sharia law in the NWFP?

Yes. The Maliks, or tribal elders, consider themselves quite conservatively religious. Even so, they had a laid back attitude towards enforcement of religious doctrine.

The Taliban emulated the Saudi system of having a department concerned with citizens’ morals (even the name is the same: the department for the Promotion of Virtue and Prevention of Vice) and this department has, as in Saudi Arabia, an enforcement police, called mutawwa’in, a morals law-enforcement agency.

Is there a shift from tribal elders to clerics, as the main interpreters of law?

There has been a movement in that direction, but it has started a power struggle between the clerics who traditionally have been at the lowest strata of the social structure. Now when they have seen a bigger role for themselves, first from the Taliban in Afghanistan – but also the government of the MMA in the NWFP, who are nothing more than glorified clerics themselves, only a little smarter in exploiting religion politically.

The MMA is largely non-Pashtun, which is a source of discontent in that they stand in the way of Pashtun nationalism, such as it is, because it only rears its head when non-Pashtuns start to usurp power over what the Pashtun consider their turf.

The deal made between Pakistan’s central government and the North and South Waziristan provinces, where tribal leadership was given the pivotal role in dealing with militants, has been criticized as a failure. What caused this initiative to fail?

First off, I don’t agree with the premise of the question, that the “deal” is a “failure” – for the following reasons:

  1. In the first place the Pakistan army (govt – same difference) did not have many options. This was the least worst option they had.
  2. And most importantly, I have said this before, this area is literally in a time warp – which means they proceed at (what seems to us in the west) a glacial pace. I will give an example from the folklore:

    The story goes that a Pashtun had to repay (badal) an enemy for a crime against his family and he waited patiently for 20 years (some say 50 years), after this time, he exacted his revenge – but soon after was depressed because he wondered “Did I act too hastily?”

    So one part of Pashtunwali is to “pay back” – (Badal: literally to exchange) which most people translate as revenge. Yes that is the form that is most visible, but badal is also played out in the exchange of gifts at wedding and other celebrations, and in the exchange of favors like in politics. The rules can be arcane, unwritten and hard to follow — who did what to whom, when, and so on, and what is the proper recompense — this same give and take would occur in a peace process pursued by the Tribal Maliks, who rule by consensus. There is no actual leader in the western sense, because all the Maliks, in fact all the others are de facto, so many co-equals is a mind set, a paradigm foreign to the uninitiated, as the concept of consensual gay sex is to the Wazir in Waziristan.

  3. The agreement has not failed, because it has not been given enough time, in Wazir time reference, not American time presidential election cycle controlled. I do not have a crystal ball, but if I did, I would see NATO troops in Afghanistan long after Iraq is over. Afghanistan can be a success ONLY if we accept one thing, the time warp these people live in — by my reckoning its still 1700 CE over there.

Is the Talibanization of Pakistan partly due to a perception of corruption among the system of Maliks and Political Agents?

The corruption is in the ISI, the Pak army and the Pak system of Political Agents (PA) assigned to these tribal zones (FATA & PATA).

These PA have budgets that are much like the CIA in that they are a single line item in the national budget, there is no accountability of where or how the PA spends the money. If one followed the IRS rules and looked at the lifestyles of the PA and compared them with their income, you would soon understand what was going on.

Musharraf critics are a larger issue. Republicans have coddled Pakistan with the belief that “as long as they are pro America” then democracy in Pakistan will come in due course. Democrats have, I think, insisted Democracy first, and then we can discuss the other issues later.

The Talibanization of Pakistan has more to do with graduates of “Raiwind“, a place near Lahore, where the “Tablighi Jamaat” conducts brainwashing camps. It was graduates of this place, in my opinion, that are responsible for Britain’s 7/7 attacks as an example.

Corruption amongst the Maliks is self limiting because of the egalitarian society they live in and because of Pashtunwali.

What is your view on Musharraf suspending judge Iftikhar Chaudhry?

I believe, and this is widely held belief, that Musharraf has no constituency of his own for his power base. He wanted legitimization from the Supreme Court, and Mr Choudhry as Chief Justice (their system is not like ours) would not give it.

So Musharraf has had to hang on to his Army Chief of Staff position to get his power from the Army. If some one else were Chief of Staff, that person could refuse to support Musharraf.

The Justice favorable to the general is Justice Iqbal, who was not the next in line for Chief Justice. The next in line is a Hindu. That presented problems of its own for Musharraf. So when the Hindu judge went for a trip to India, Iqbal became the “available” senior most Supreme Court judge, and hence the haste and lack of decorum with which Justice Chaudhry was removed.

What is the prevailing sentiment regarding Pakistani government efforts in the provinces and the international effort in Afghanistan to combat Taliban and affiliated militants?

In my dealings and inquires, one thing stood out like a sore thumb – the conspiracy theories vis-à-vis anything having to do with America. I mentioned to one of my close friends that events that were previously ascribed as acts of God were now considered acts of the CIA. Some even believed that the Earthquake in the northern areas was because of some sort of underground secret “bomb” used by the CIA. Lack of evidence is further proof that the CIA did it. I was flabbergasted, and started to give this kind of thinking as an example in speaking to “educated” Pakistani’s – and among these, those that did agree that the earthquake was NOT the work of the CIA, they would start giving other examples, notably the Blow up of the plane carrying Zia ul Haq an ex President of Pakistan, in which the US Ambassador also perished. When I would point this out, the response would be that that is the sort of thing they do to take away suspicion from themselves.

In a nutshell, the impression I came away with is, there is NO war of civilizations going on. What is going on is a war between literacy and illiteracy.

Taliban are not visible in the areas I visited, but the militants handiwork clearly is – as elsewhere, the common criminals are taking advantage of this situation, and crime is up significantly. One new crime is Cell phone “snatching” – it’s easy and nobody wants to pursue it. If some one is using a Razr phone, he can expect to be hit soon if he uses it in public. So people have two cell phones, one fancy to show off, and one for use in public places.

Insofar as “foreign” militants are captured and identified, that is to say non-Pashtun (including non Afghan Pashtun or Pak Pashtun) – then the people are obviously in agreement with the government that these people don’t belong here and need to go.

The problem is this: the foreigners are usually in the FATA and have been there since the Soviet war times. Many of them have taken local wives and now have a family. The local have accepted them into their family. Now for the Pak govt to ask them to kick them out, the locals are thinking what am I doing to my grandchildren’s father, etc. Again the edicts of Pashtunwali also play a role.

What is the relationship, if any, between the Taliban and Al Qaeda?

Al Qaeda is mostly composed of Arabs, they do not trust any one else. While they might use others as couriers or in lowly position as servants, for second rate Al Qaeda officials, the Top guys ONLY deal with Arabs and are served by Arabs.

The Taliban are mostly Pashtun tribesmen. Mostly they are graduates of madrassa’s. Mostly illiterate by any world standards. The better educated among them will know how to speak a few words of English, such as their Information minister. There might be one or two notable exceptions of which I am not aware.

However, while Al Qaeda does not trust the Taliban, the Taliban look up to Al Qaeda top leadership. We saw this situation in Iraq where initially Al Zarqawi had no direct link with Qaeda but was keen to form one. It would be conjecture on my part to state that in the end he did indeed succeed in forming that connection. In the press at least that impression was prevalent.

So the lines of interest proceed ONE way, like one way traffic. Extremist want to be affiliated with Qaeda, in my opinion, while the latter does not, so as to maintain its hideout.

The Qaeda supply lines are hampered, new recruits would have to be Arabs, and they would have to travel a long way through tight Pakistani security to reach here, or suffer hardship over a long and arduous land route through Balochistan and the Tribal area’s – NOT all of which are accommodating.

So as is becoming clear, Qaeda is having trouble replacing people they loose meaning those that were captured or died. They only trust Arabs, and that also a certain type of Arabs, (not all Arabs are the same, not all Arabic is the same – for example they would never trust a Syrian, in fact Qaeda folks consider Syrian brand of Islam an apostasy – but that is another story).

Whatever remains of the Qaeda, are not in a position to set up training camps, since they are in a survival mode. The Taliban resurgence helps them get a little warm and fuzzy in this survival mode, since they feel a little bit more secure with their partners-in-arms doing some evil stuff, blowing up people and causing mayhem.

What makes the North-West Frontier Province competent to administer money sent as foreign aid?

This is the central question. Much like California has taken a separate initiative on stem cell research – as an analogy – the NWFP is central to the war on terror, not Pakistan.

The NWFP was central to the fight and aid to the Afghans during the Soviet occupation, not Pakistan.

This small distinction is lost on Washington, and it is the main reason, in my opinion, why so much of the Aid was “lost in transit” was because the Punjabi army officers could not bring themselves to dispense such large sums to an ethnic group which it considers anti-Pakistani.

All the FATA is contiguous to the NWFP. The Taliban and Al-Qaeda are holed up somewhere either in the FATA, or across the Durand Line in Afghanistan; the Durand Line has never been recognized by the locals as an international boundary. Even today, the Pashtun travel from Peshawar to Kabul by road with out a passport or visa, and it has been like that for eons.

The present governor of the NWFP belongs to the Orakzai tribe (he spells his name Aorakzai) and it is my opinion that that he was picked partly because he belongs to one of the FATA as well as he is a retired General of the Pak Army.

The Frontier Constabulary (FC) is a force which primarily recruits from the FATA. All or most of its forces are from the various tribes. In the eyes of the tribes this is a bona fide force and service with the FC is considered an honorable thing. The US has already allocated some funds for increasing recruitment, but far less than what it would take to counter the Taliban and far less than what the economic need is. The US spends a thousand times more on a battalions sent to monitor activity over there. Plus why endanger the lives of our troops and spread our forces thin when a more effective job can be done by the FC. The FC has over history shown that they will attack and use force against the tribes that create trouble. There have been no instances of insubordination or mutiny.

Even the US Embassy is protected by a contingent of the FC! That goes to show their trustworthiness and discipline.

The “tribal” Pashtuns in the FATA are not educated or trained and hence not employable right now. I propose that we fund directly the Director of Emigrants, Mr. Azhar Arbab in Islamabad, to set up training facilities in Concrete laying, iron work, pipe work, welding etc, which would then qualify these tribesmen to obtain jobs in the Gulf. As such we would remove them from the scene altogether. They would not be available in the labor pool to the Taliban or anyone else. I might add here, that a number of these individuals have very high innate intelligence, which is one reason they make formidable foes.

Now the central reason why the NWFP ought to do this is because they are themselves most affected by the scourge of Talibanization. They are highly motivated in carrying out these policies because it is to their own benefit.

How many men does the FC field currently?

The FC currently has about 23,000 men in total.

How much do they get paid?

They are paid the equivalent of $60 per month per person -Pak Rupees 3665, where Rs61= $1. They do have some fringe benefits but life is very spartan for these soldiers.

What the US could get in return is a huge bang for a buck, no pun intended.

I think we ought to double the number of these soldiers with one proviso that the FC maintains its high standards of recruits.

Compare this with our costs in the War against Terror; just Halliburton’s bills will have you reeling. I think that it would be foolish, NOT to do this.

The Frontier Constabulary is an Institution with a long and glorious history within the Frontier Province.

The recruits come strictly from the tribes of the various FATA and so they are very familiar with the people, the bad guys the terrain.

They speak the Pashto dialect of the locals. The Pashto language has many dialects, and you can tell where someone is from based on which dialect he speaks. So if you do not speak the correct dialect, you are immediately identified as an outsider. This is one reason why these tribes are impossible to penetrate, there are other reasons as well, that are beyond the scope of the current discussion.

How can the FC help prevent attacks like the suicide bombing attempt on Sherpao in Charsadda last weekend?

In essence your question is how can anyone prevent a suicide attack? And frankly if I knew the answer to that I think the US military – and several other groups – would be knocking on my door. I think the Israeli Army has had the most experience with this sort of thing. The suicide bombing as a tactical weapon was invented by the Tamil Tigers in Sri Lanka, and even today in terms of statistics they use it in far greater numbers.

So to summarize neither the FC nor anyone else can prevent a suicide bombing. We could attempt to improve our intelligence to find out about an imminent attack, but so far these have not been very successful in Pakistan.

In the Lal Masjid Case the government avoided a suicide killing by negotiating with those two Mullah brothers – but I don’t know if that counts. But it does make for an interesting story. Both Washington, DC and Islamabad now have Madams threatening to publish the list of their clients unless they are given protection. Who would have thunk?

Going back to your question: In my opinion what ought to be done is to make a Policy change, and address the issues that are producing these suicide bombers, that is the only way to stop this phenomenon.

In this part of the world this is relatively new because prior to 9/11, suicide bombing was unheard of. Moreover it is not the FC’s job to provide security to the Minister of the Interior, that is the job of the Police force, because this Ministry is equivalent to the Department of Homeland Security.

You don’t expect Border patrol to provide body guard duty to the Secretary of the department of Homeland Security.

I am making these analogies so the American readers would relate to what is happening, and understand the difference in nomenclature. –RHakeem 20:13, 3 May 2007 (UTC)

This interview consists of excerpts taken from the full content and context of Mr. Hakeem’s replies. The complete and uneditted version is found on the Interview archive page.
This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.
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Buffalo, N.Y. hotel proposal delayed further

Buffalo, N.Y. Hotel Proposal Controversy
Recent Developments
  • “Old deeds threaten Buffalo, NY hotel development” — Wikinews, November 21, 2006
  • “Proposal for Buffalo, N.Y. hotel reportedly dead: parcels for sale “by owner”” — Wikinews, November 16, 2006
  • “Contract to buy properties on site of Buffalo, N.Y. hotel proposal extended” — Wikinews, October 2, 2006
  • “Court date “as needed” for lawsuit against Buffalo, N.Y. hotel proposal” — Wikinews, August 14, 2006
  • “Preliminary hearing for lawsuit against Buffalo, N.Y. hotel proposal rescheduled” — Wikinews, July 26, 2006
  • “Elmwood Village Hotel proposal in Buffalo, N.Y. withdrawn” — Wikinews, July 13, 2006
  • “Preliminary hearing against Buffalo, N.Y. hotel proposal delayed” — Wikinews, June 2, 2006
Original Story
  • “Hotel development proposal could displace Buffalo, NY business owners” — Wikinews, February 17, 2006

Friday, March 10, 2006

Buffalo, New York —The Common Council of Buffalo voted on Tuesday to send the Elmwood Village Hotel proposal “to committee for further discussion”, after citing the need for more public involvement.

The Elmwood Village Hotel is a development proposal by the Savarino Construction Services Corporation, a project designed by the architect Karl Frizlen of The Frizlen Group. The hotel would be placed on the southeast corner of Elmwood and Forest Avenues in Buffalo.

To make way for the project, at least five buildings located at 1109 to 1121 Elmwood Ave would be demolished. At least two properties on Forest Avenue could also be demolished. The Elmwood properties, according to Eva Hassett, Vice President of Savarion Construction, are “under contract”, but it is unclear if Savarino Construction actually owns the Elmwood properties. Hans Mobius, a former mayorial candidate, is still believed to be the current owner the properties. Mobius also owns 607 Forest Avenue.

The properties 605 and 607 Forest Avenue could also be included in the proposal according to Hassett.

“We would use a Special Development Plan to rezone 1119-1121 Elmwood and 605 Forest to a C-2 zoning category,” stated Hassett. It is possible that Savarino Construction may try to obtain a variance for 605 Forest, which would allow them to enforce eminent domain, should the hotel be allowed to go forward.

The building at 607 Forest was also discussed to be rezoned, but it is unclear what the plans would be for that property. During the February 28 Common Council meeting, Hassett stated that the properties 605 and 607 were “now off the agenda”.

Pano Georgiadis, owner of Pano’s Restaurant at 1081 Elmwood, owns the property at 605 Forest and attended Tuesday’s Common Council meeting.

“Having a hotel is a bright idea. We all love the idea of a hotel, but the way that it is presented, is wishful thinking. This hotel does not fit. It’s like putting two gallons of water in a gallon jug, it does not fit. At the last meeting, the architect admitted that they are planning to put the undergound parking lot and the hotel, right at the property line. If I open my window, I will be able to touch the wall, that goes fifty feet high”, said Georgiadis.

“There is a problem having a seventy-two room hotel and fifty-five parking spaces. That means that all the other cars will spill all over the neighborhood. The footprint is simply too small. If you have a bigger [parking] lot, and a smaller hotel, I will welcome a hotel. I have a parking lot at my own business, and I am chasing people all day long. Remember, the city says it has ‘zero tolerance [for illegal parking]’. Try telling that to the guy from Albany who came to see his kids, that are going to Buffalo State, who would get tickets totaling over a hundred dollars”, added Georgiadis.

The city’s Planning Board is scheduled to meet on March 14, 2006 at 9:00 a.m. about the proposal. Although a discussion will take place, no vote is expected to be taken.

At the moment, none of the properties are zoned for a hotel. Savarino Construction plans on asking for a C2 zoning permit. If that does not work, they plan to implement a new zoning plan called a “special development plan” which would allow for only a hotel on the site. That zone would not be able to be changed.

“This [project] justifies Mobius’s refusal to invest in any maitenance[sic] or improvements”, on the properties said Clarence Carnahan, a local resident. “Where were the Council persons over the years? Where were the city inspectors over the years, to make sure that he maintained and improved his properties? The government was supposed to be protecting, not being preditorial. I see a predatorial issue here when it comes to this hotel. Over the years: Why has the local government been disfunctional when it came to Mobius’s properties? Refusal to invest in improvements, doesn’t that sound like a slumlord? Maybe I am missing a point here, but what kind of messages does this send to other slumlords that havn’t[sic] been jailed or fined? It’s [the hotel] trying to be pushed through.”

Carnahan also presented signs for residents and or business owners who are opposed to the hotel, that could be placed in windows or on stakes in the yard. Some of the signs said, ‘No tell hotel’, ‘Hans off, no hotel’, ‘It takes more than a hotel to make a village’. and ‘Keep Elmwood free, no hotel’. Carnahan plans on making more signs for a protest to be held on Saturday March 18, at 2:00 p.m. (EST) on Elmwood and Forest. Some signs were given to individuals after the meeting.

“First things first, Hans is the problem, and I don’t think it has been addressed. Let’s roll back the clock on this project. What can we do with Hans? There is such thing as eminent domain, which could be of greater interest to the community, to seize the property at its lowest assessed value”, said Nancy Pollina, co-owner of Don Apparel with Patty Morris at 1119 Elmwood. “There are so many ideas that have not been explored and we are about to give this parcel away, to a big developer.”

Mobius has not returned any calls by Wikinews regarding the situation.

A freelance journalist writing for Wikinews has obtained a letter, exclusively, addressed to one of the five business owners from Hans Mobius stating:

There is a proposal to develop my property which you are currently renting. Because of opposition to this development, it does not look like it will happen. I will let you know if there any changes.

Despite the letter, there have been no plans or decisions made to end the proposal.

To date, none of the business owners or residents of 1119-1121 Elmwood have received an eviction notice.

Business owners and residents gave an indication of what they would like to see happen at the corner; a project similar to one done locally last year. There, developers renovated two buildings on Auburn and Elmwood Avenues, merging the buildings into one thus allowing for more shop space. Among some of the shops to move in after the development were Cone Five Pottery, The Ruby Slipper, and Abraham’s Jewelers. Prior to the renovation work, the left building in the picture was boarded up for several years. Many of the concerned locals would like to see a similar development on Forest and Elmwood.

Rocco Termini, a developer in Buffalo, proposed a similar design at the February 28 community meeting

In an interview after the February 28 meeting, Termini stated, “I will be willing to take a look at this myself, or I would be more than happy to be partners with Sam, Sam Savarino”, who is President and Chief Executive Officer of Savarino Construction Services Corp.

So far Savarino Construction has no plans to team up with Termini.

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Canada’s Don Valley West (Ward 25) city council candidates speak

Friday, November 3, 2006

On November 13, Torontonians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is Don Valley West (Ward 25). Three candidates responded to Wikinews’ requests for an interview. This ward’s candidates include John Blair, Robertson Boyle, Tony Dickins, Cliff Jenkins (incumbent), and Peter Kapsalis.

For more information on the election, read Toronto municipal election, 2006.

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Under-reporting of human Bird Flu infections poses worldwide threat

Monday, November 21, 2005

Possible under reporting of bird flu infections in China and other Southeast Asian countries may be promoting an illusory sense that human infections are very limited. Common press reports only describe fewer than 130 people as infected with H5N1 avian flu and that fewer than 70 have died worldwide. Yet, there are enormous problems getting accurate data, especially in a country like China with a population of more than a billion.

“Reporting a suspected bird flu infection in bird or humans is a very unlikely event,” said Dr. Shoshana Zimmerman of the eHealth Institute. She is also a founder of www.birdflubeacon.com, a site dedicated to bird flu issues. “There are very few incentives to report, and lots of reasons to refrain from reporting. From the viewpoint of local rural small farmers, there is little to be gained and much to be lost by reporting an infection. The worse threat is that their flocks could be killed, leaving them destitute.”

There are many factors which mitigate against reporting bird or human infections of bird flu.

  • The deaths of chickens, ducks, and birds are common events for farmer. Even when a large number die at one time they may see no purpose in reporting the deaths.
  • When a human dies in locations with little or no medical services, the rural farmer’s priority for discerning the cause of death may be low.
  • In rural areas most people are not taken to hospitals when they are sick.
  • Bird flu symptoms are not widely known. If the symptoms are not known, they will not be recognized and reports of possible bird or human infections can not be made.
  • The expenses required for detection are those of proper collection and shipment of samples to one of approximately 200 laboratories worldwide, as well as the testing procedure that requires a two week period of waiting before results are obtained.
  • The lack of incentive for countries to report large scale outbreaks as it may lead to widespread panic and economic loss, as occurred with SARS. These factors can be seen at work in the way that the first bird flu death was reported in China,” Dr. Zimmerman stated.

A young woman, Zhou Maoya, died after returning home to the village of Yantan in Annui province to prepare for her wedding. Her family has stated that they did not take her to the hospital because they thought it would not do any good. Officials also note rural Chinese also often cite relatively expensive medical costs as a reason for not seeking treatment when sick.

Although initially authorities attributed her death to pneumonia the resulting political pressure prompted China to invite the World Health Organization to send experts to investigate. The authorities then rescinded the previous position and attributed her death to bird flu based on the similarity of the symptoms that she was reported to exhibit with those of bird flu. The village was quarantined and journalists were denied access. It is not known how many others might be infected in the village. Official announcements were made of plans to vaccinate and cull birds.

A local government official, Fan Qian, told AFP that it was believed Zhou was infected while she was outside of the province.

Fan Tan, a local official, told AFP news that 1,000 birds in Yantan had been culled (killed). Plans were announced to vaccinate 2 million poultry in the area, a huge and difficult task.

Zhang, another official, said authorities had met with all villagers to give them flu vaccinations and to tell them how to protect themselves against the bird flu virus, including not consuming poultry products. It is known that flu vaccinations do not protect against bird flu.

Villagers and local officials minimized the threat. In outlying areas of Yantan, residents said that they did not know of any new outbreaks. Other possible infections have been attributed to similar common causes but there have not been any tests performed validating those attributions.

Fan Litan, a peasant woman from Fantu village, about 2 miles from Yantan, lost many of her ducks, and chickens and also a dog; she has attributed these deaths to the acts of hooligans. She said her family had been extremely frightened when her animals suddenly died. “We were scared to death,” said Fan, standing next to a red sign posted on the outside wall of her home that said: “Prevention and control by the masses is basic for people.” Fan said ducks and chickens are all healthy but she admitted that she had stopped eating poultry. No testing of these birds has been reported yet.

According to a recent AFP report from Liuchang, 59 miles south of Yantan, the obstacles to identifying infections are enormous.

Like many, one Liuchang villager named Wang Hemin said he was concerned and would keep a closer eye on his ducks and chickens, but felt no immediacy since the infection was not in his province. He learned about bird flu on TV, and is aware that officials have come to his village of 2,700 people to warn residents about the virus. They offered guidelines: they told people that poultry which die suddenly could have contracted bird flu and should not be eaten or sold and that such an incident should also immediately be reported. However, the symptoms of H5N1 bird flu were not directly described.

Residents have not yet been fully informed of what symptoms to look for in ill poultry–they are fever, diarrhea, teary eyes and swelling in the legs of the birds. Though a pledge was made earlier in the week to vaccinate 2 million birds immediately, no bird vaccinations in this area have been reported yet.

In another nearby village, Nazahuang, chickens scuttle in and out of houses. One resident, Fan Jiexu, 73, said no officials had yet warned her village to take precautions. Throughout rural areas, it is customary for chickens to scuttle in and out of homes. Ducks and bird often die and are eaten by villagers when it is believed safe to do so.

China has reported 17 avian flu outbreaks as of this week. Despite the Chinese government issued high alerts, critical information is not being adequately communicated to some rural villages. The size of the poultry population, the common and normal occurrence of poultry death on farms, and status of roughly 70% of the poultry population as being kept in backyards are factors complicating infection control.

The head of World Health Organization’s China office, Henk Bekedam, is aware that slow reaction to bird flu threats and difficulty monitoring poultry in the world’s most populous country makes control of its spread challenging.

Testing is required to confirm H5N1 virus, and positive test results lead to the killing of nearby flocks. The incentive for many villagers, officials, and governments to minimize reports of H5N1 virus infections and severe medical and economic complications for making confirmations of infection are obstacles opposing complete and full reporting of the spread and infection rates of the virus.

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Crosswords/2005/February/25

Friday, February 25, 2005

Feel free to use the Wikimedia sites to solve our Wikinews crossword. Please do not fill it out online as it would spoil it for other people; print it out and fill it in at your own leisure!

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Category:July 15, 2010

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Swiss reject single health insurance

Monday, March 12, 2007

24 of 26 Swiss Cantons rejected the proposal for a single health insurance system, in which premiums would be based on income and wealth. The vote on Sunday was the latest in a series of attempts to cut rising costs and ease the financial burden on citizens.

Around 71% of voters rejected the reform. Turnout was at about 46%, slightly above the Swiss average.

As expected, voters in the main German-speaking part of the country turned down the planned reform, which was supported by the centre-left but opposed by the centre-right as well as the business community, parliament and the government.

Opposition in the French and Italian speaking regions was less pronounced. The cantons Jura and Neuchâtel in the French speaking regions voted in favor of the proposed reforms.

Health insurance premiums are higher in southern and western Swiss cantons than in German-speaking areas.

The Swiss Interior Minister Pascal Couchepin said an important part of the Swiss Population appeared to be opposed to “a revolution” in health insurance but he said that he wanted current reforms currently under discussion in the Swiss Parliament to go ahead. He called on all sides, especially health insurers and the cantonal authorities, to make efforts to reduce spending on health insurance and aim for a greater cost efficiency. Currently Switzerland has 87 private insurers providing mandatory basic health care coverage for Swiss residents under a 1996 law. But costs have sky-rocketed. Over 100,000 people are not covered by health insurance due to non payment.

To win the battle of the cost of health care, everyone must place his or her private interests behind the interests of the general public. -Pascal Couchepin at a news conference

Opponents to the initiative argued that a single insurance system would lead to complacency and create a two-tier system, in which the wealthy would be the only ones available to afford to have additional private insurance coverage.

Supporters of the initiative said a single health insurer would increase the system’s efficiency and allow for annual savings of at least 300 million Swiss Francs (about $245 million) in administrative costs. Currently, the funding system is unbalanced, since many clients on low incomes use state subsidies to pay their premiums, according to the Green Party and the Social Democrats.

The initiative to unite all the insurance companies and introduce premiums based on wealth and income was the most recent in a series of attempts over the past ten years to reduce the public spending on health care. A proposal, similar to this recent proposal, to modify the funding system of the health insurance companies was rejected by 73% of voters in 2003.

Switzerland has the most expensive health system in Europe. Switzerland’s expenditure on health care was 11.6% in 2005, in front of Germany and France but behind the United States.

Learn more about Swiss Federal Council and Voting in Switzerland on Wikipedia.
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US Justice Department to withdraw Stevens charges

Wednesday, April 1, 2009

The United Stated Department of Justice has asked for corruption charges against former Alaska Senator Ted Stevens to be dropped because evidence was withheld from the defense team by the original prosecutors. The Justice Department has stated that they will not retry Stevens.

In a statement, US Attorney General Eric Holder said, “After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.”

Stevens was convicted in October on seven felony counts of lying on senate disclosure forms about gifts, largely in the form of free renovations to his home, received from an oil service company; his conviction is thought to have been a large factor in his November electoral defeat to former Anchorage mayor Mark Begich, the current junior Senator from Alaska. Stevens immediately appealed his conviction and has maintained his innocence.

The prosecution case has met with a number of procedural difficulties, with US District Court judge Emmet G. Sullivan holding the prosecution in contempt in March for failing to turn over documents concerning an FBI whistleblower’s reports of mishandling of the case. The Justice Department has since replaced the case’s prosecutors, and the allegations of misconduct have held up sentencing from the original convictions.

The filed papers indicate that notes were never turned over from an interview that has the oil contractor estimated the house renovation for far less then he specified at trial.

The original trial team was removed, but in the end Attorney General Eric Holder thought it would be best if the case was dropped. NPR’s source indicate that Holder wish to forcefully transmit that prosecutorial misconduct will not be tolerated. The trying prosecutors are under investigation by the Justice Department for their conduct in the matter.

Stevens, now 85, served as Alaska’s Senator from 1968 to 2009.

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

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.

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