- Image:Time_evolution_wars.jpg (edit|[[Talk::Image:Time_evolution_wars.jpg|talk]]|history|links|watch|logs) (restore|cache|Original deletion proceeding)
This image was deleted by an administrator despite a 15-9 majority of users who were involved in the dabate to keep the image. Wikpedia:Deletion guidelines for administrators clearly states that "when in doubt [about the result of the debate], don't delete". In this case the result was not only "in doubt", but clearly was substantially in favor of keeping the image. That image was included in the article on intelligent design for over a year. Plainly it got caught up in a recent effort to remove images that had commercial implications attached to them. For all practical purposes, this image is completely free to use in conjunction with any WP article that is relevant to the topic it addresses. It can be seen at this location and also at this location. Moreover, we actually had a TIME executive participate in the Wikipedia discussion about use of such covers, and it was made clear that Wikipedia is free to use these cover images in any articles that are relevant to the covers. The use of this image was quite significant, perhaps essential, in showing how the mass media in the United States depicted the intelligent design controversy to the general public. Kenosis 05:28, 6 October 2007 (UTC)
- Overturn deletion. Fair use was demonstrated and consensus was clear. The image was deleted improperly and should be restored forthwith. – ornis⚙ 07:27, 6 October 2007 (UTC)
- Restore I feel fair use is establshed per Kenosis Supergluez 12:30, 6 October 2007 (UTC)
- Overturn deletion and restore image, as nominator. ... Kenosis 17:10, 6 October 2007 (UTC)
- The close was fine; the closing admin applied our non-free image policy WP:NFCC rather than just counting votes. Fair use alone is not the relevant issue. The article currently describes the cover as showing "God facing off against a chimpanzee", which conveys the idea perfectly well via text alone. The fact that the cover art is relevant to the subject is perfectly expected and not on its own a reason to use the image, and there is no evidence that this particular cover art is notable more than the average Time magazine cover is notable. — Carl (CBM · talk) 17:45, 6 October 2007 (UTC)
-
- Comment: The administrator's job is not to play God in interpreting the NFCC, particularly not the ones that involve subjective interpretations (NFCC#1, #3, and #8). ... Kenosis 18:17, 6 October 2007 (UTC)
- The closing administrator is supposed to consider the site policies and ensure that the close is in agreement with them. There is no requirement that the close needs to agree with the majority of editors who comment. This isn't "playing God", it's using the discretion that we expect admins to use when closing deletion discussions. — Carl (CBM · talk) 19:15, 6 October 2007 (UTC)
-
-
- We've been over this before, including on the administrators' noticeboard. Obviously it's a "hot potato", this sort of unilateral overruling of consensus on grounds of the admin's subjective interpretation of criteria that are inherently subjective judgments. If one were to apply the NFCC tests strictly in all cases there would be no fair use images on the wiki -- which is, of course, what the "no fair-use" advocates see as the ideal outcome. ... Kenosis 20:40, 6 October 2007 (UTC)
- Overturn Reasonable use for the image. The consensus of the community was not merely the majority, but a reasonable decision according to policy. The community interprets policy. DGG (talk) 18:15, 6 October 2007 (UTC)
- Overturn As above.--Filll 21:36, 6 October 2007 (UTC)
- Overturn deletion, on the basis that fair use has been well demonstrated in full accordance with the guidance and policy in showing a need for this image. .. dave souza, talk 22:55, 6 October 2007 (UTC)
- I pointed out above that the article presently describes the cover art without including this image, so it's a stretch to claim there is a "need" for this image. — Carl (CBM · talk) 23:12, 6 October 2007 (UTC)
- Comment Who is the "TIME executive" and under what auspices do they speak for Time-Warner? --Dhartung | Talk 04:01, 7 October 2007 (UTC)
-
- Walter Isaacson. We'll need to look up the date and diffs of the conversation, in August 2007. The content of the conversation and the location of the IP address (consistent with the location of the Aspen Institute) was adequately persuasive that it did in fact appear to be Isaacson, something that many of the regulars in image deletion debates will likely recall. ... Kenosis 09:32, 7 October 2007 (UTC)
- Doing a quick search, I found one relevant link/diff here, which has been updated to link to the original comment, also archived at NFCC. R. Baley 09:19, 8 October 2007 (UTC)
- It took awhile for me to sift through the old IfDs. The original conversation in which Isaacson participated was in late July and early August 2007, here. ... Kenosis 15:23, 8 October 2007 (UTC)
- Of course TIME editors wants us to use their cover photos - it's free publicity for TIME. But if they don't want to reciprocate by releasing the cover photos under a free license, then we should just ignore their claims, which have a n obvious conflict of interest. — Carl (CBM · talk) 15:34, 8 October 2007 (UTC)
- Well, the reason that it doesn't affect whether or not the image met WP:NFCC didn't really have anything to do with conflict of interest. Most of the non-free content criteria are to limit the the use of copyrighted material since Wikipedia is a free encyclopedia, not because Wikimedia could be sued because of images it hosts. 17Drew 08:11, 11 October 2007 (UTC)
- Overturn There was no reason for the image to be deleted to begin with. •Jim62sch• 17:50, 7 October 2007 (UTC)
- Overturn/Restore deletion. One person's interpretation of NFCC#8 should not be able to go against the overwhelming consensus opinion (everywhere I saw discussion anyway) that the fair use of an image meets all criteria. I would also like to note that official NFCC policy is so (not?) widely accepted that no one bothers to even date the archives anymore (and that 10 archive pages, ~250k per page, have been generated in the last 5 months (link). R. Baley 23:48, 7 October 2007 (UTC)
- Comment as closer - 15-10, not 15-9 (but that's irrelevant). Policy trumps consensus if the consensus has no real ground to stand on. Even if that policy is our fair use rules (personally, I think they verge on the ludicrous, but that's not the discussion here). The image was solely being used to illustrate, with no critical commentary, and the IFD debate was correctly closed by the rules at the time as a "delete" - it failed NFCCs #3 and #8, and nobody was able to prove otherwise. Kenosis's hyperbole in saying I was "playing God" is unhelpful, and his constant attempts during the IFD discussion itself back in August to tell the closing administrator how to close it were also unhelpful. Many of the "keep"s were gems such as "it is relevant" or "it shows it exists". Debate was closed correctly, based on the rules. Neil ム 13:24, 8 October 2007 (UTC)
-
- RE "and his constant attempts during the IFD discussion itself back in August to tell the closing administrator how to close it were also unhelpful" : Those two comments mistakenly characterized as "constant attempts to 'tell' the closing administrator how to close" actually read as follows: "Comment to closing admin. The recent experience of administrative overrides of consensus leads me to post this comment. A review of this discussion, thus far, appears to indicate 15 participants in favor of keeping this image as NFC for its stated use. Specifically the rationale is for uses related to intelligent design, the creation-evolution controversy and any directly related topic forks. Seven, perhaps eight, participants in this debate have advocated deletion, if I am counting the positions correctly. The basis for those advocating deletion appears to be NFCC#8, which by its subjective nature (as an editorial assessment of whether it "substantially helps", etc.,) must be decided in a consensus process. Since, as of this comment, there are 15 keeps and 8 deletes, would it be fair to say there is no consensus to delete? ... Kenosis 19:41, 25 August 2007 (UTC)"
To which Borisblue responded: "I'm going to refrain from closing this hot potato, but I just want to note here that consensus in wikipedia is not determined by vote counting. Borisblue 03:37, 28 August 2007 (UTC)"
After some additional back-and-forth arguing between Seraphimblade and Duae Quartunciae, I then added:"Comment to closing admin. Make that 15 keeps to 9 deletes, maybe 10 deletes if you include Borisblue. ... Kenosis 06:51, 28 August 2007 (UTC)" . That's not telling the closing admin anything (at least not in the sense of intending to be an "instruction" or "command") but is a summary of a careful reading of each participant's explicit statements and explicit preferences so as to avoid any hasty applications of WP:AADD, an essay page, as sometimes happens when the closing admin's preference disagrees with the clear majority or otherwise seeks to impose an outcome differently than is advised by the administrative guideline WP:DGFA. ... Kenosis 15:53, 8 October 2007 (UTC)
- Endorse deletion The image may qualify for fair use but does not add anything significant to the article but decoration. Using the image fails WP:NFCC #8 and the copyright tag requirement for critical commentary. The admin acted correctly in interpreting and enforcing Wikipedia policy, which overrides local consensus. -Nv8200p talk 18:09, 8 October 2007 (UTC)
- Overturn and relist - The closer interpreted the discussion incorrectly. The determination of whether or not the image should be kept came down to whether consensus agreed that the image facilitates understanding of the article topic. The closer seem to state that consensus agreed that the image facilitates understanding of the article topic. However, the closer determine that such a consensus was wrong. Since the question was subjective as noted by the closer, wrong and right are not really the right approach to close the discussion. No consensus seemed to be the consensus, particularly since the issues were not adaquately discussed by anyone other than the closer. The image should be relisted, using the closer's remarks as the nomination comment so that everyone may direct their keep/delete reasonings to that which needs to be discussed. -- Jreferee t/c 22:26, 8 October 2007 (UTC)
- Pardon me. I would have brought this issue up before, except the two-paragraph explanation of the closer (closing administrator) is placed above the linked section in the IfD as seen here, and thus escaped my notice when I reviewed it in preparation for filing this DrV.
...... The decision of the closing admin is clearly erroneous. The justification that the closer offers for deleting is based upon a single passage from WP:NFC that is not a policy, but a guideline (i.e., a "suggested approach"), that was incorrectly cited as policy that would allow a closing administrator to overrule a majority preference to keep the image. The closer explains the decision to unilaterally override the entire discussion in the following paragraph (submitted by the closing administrator in this edit), which reads:
Duae Quartunciae makes the point that WP:NFC#Images states cover art for identification purposes is permitted, but omits the second half of that policy ("only in the context of critical commentary of that item"). No critical commentary of the the cover image (the "item") is present in the article, so this argument for keeping is unconvincing. I am not convinced by the arguments the image facilitates understanding of the topic more than the text already does, and there is no critical commentary of the image itself. Although the majority of participants are calling for the image to be kept, those calling for deletion have the far stronger argument based on Wikipedia policy. Therefore, delete. Neil ム 09:17, 28 August 2007 (UTC)
Only the WP:NFCC are policy. And Neil correctly observes that #8 involves subjective interpretation and thus must be decided by consensus. Guidelines such as WP:NFC, which the closer relies upon in overriding the clear majority preference, are never mandatory and are always properly controlled by consensus at the local level. What the closer did in the IfD proceeding for this image was to use a guideline in sole justification for the deletion of this image. Therefore it should be overturned, the image should be reinstated, and the matter should be permanently closed. ... Kenosis 03:18, 9 October 2007 (UTC)
- If, as Jreferee claims, there is not consensus that the image meets the requirements of NFCC, then it shouldn't be used. That argument supports the deletion of the image. Focusing on a distinction between guideline vs. policy, rather than on the intent of policies and guidelines, is quite close to wikilawyering. "It's only a guideline, so we can ignore it" is not on its own a sound argument. — Carl (CBM · talk) 03:31, 9 October 2007 (UTC)
-
-
-
- Quoting CBM, " Focusing on a distinction between guideline vs. policy, rather than on the intent of policies and guidelines, is quite close to wikilawyering": Close to wikilawyering??? Bullshit. In this case it was the hinge on which the door swung in deleting this image. ... Kenosis 03:36, 9 October 2007 (UTC)
- The idea that there is some gap between policy and guidelines so that following policy is compulsory but following guidelines is completely optional is not right. But in any case, the image was deleted because there is no consensus to include it in the article, and we don't allow orphaned nonfree images (by policy). — Carl (CBM · talk) 04:05, 9 October 2007 (UTC)
- Overturn deletion -- looks like someone messed up in judging consensus. ScienceApologist 11:24, 9 October 2007 (UTC)
- Endorse - we don't use non-free images for decorative purposes and all of the consensus in the world doesn't change our fundamental copyright/content policies. I looked back in the article history to see where it was used and found it here. Folks, this is one of the things that the m:Resolution:Licensing policy was intended to prohibit. We don't use non-free images like stock photos. Any random picture would do here and there's no reason it has to be the Time magazine cover. We could make our own picture of God pointing at a monkey. We could come up with a different idea entirely like a monkey with a question mark over its head. But there is no encyclopedic requirement to use this particular image and thus it does not comply with our non-free content policy. Any admin restoring it ought to be desysopped immediately. --B 20:40, 9 October 2007 (UTC)
- Overturn deletion, per nom. A convincing case was made for fair use, and there was no consensus to delete. Guettarda 00:21, 10 October 2007 (UTC)
- Could you point out that "convincing case" for fair use to me? Several people on this DRV have said that it is fair use (sic) without offering any reasoning behind that claim. On the IFD, the only comments I saw that even addressed compliance with out fair use policies were those of Duae Quartunciae (talk · contribs). Nobody here or there has explained how this image meets WP:FAIR#Policy #8. We don't use non-free images for decorative purposes - we only use them when they are essential to the reader's understanding of the topic. In no way, shape, or form is a Time magazine cover showing God pointing at a monkey essential to your understanding of the topic. Even if it were, we could make our own image that would serve the same encyclopedic purpose. --B 01:47, 10 October 2007 (UTC)
- Did you ever get the feeling you were parroting yourself? The "we could make a picture" defense if lame -- the cover indicates a social phenomenon in a way your hand- or computer-drawn picture never could. Nothing you could do could capture the gravitas of that picture, the gravitas of the topic, the gravitas of the social dilemma. And really, that is the importance of the picture. It's a shame that you can't see that, but then I'll wager that you know nothing of the topic. In fact, NFCC #8 is the last refuge of the image deletionist who is utterly clueless of the actual topic, and who cannot, therefore, be seen as a qualified arbiter of any picture's value to the actual topic. See WP:OFFICIOUS. •Jim62sch• 16:22, 10 October 2007 (UTC)
- Replaceability had nothing to do with the deletion with the image, and you pointed out the very reason the image was deleted. The image was being used for its impact, not because there was some information better understood because of it. 17Drew 21:39, 10 October 2007 (UTC)
- Funny ... your comment is less civil than anything I have seen from a person whose ban you support rather vocally. --B 01:00, 11 October 2007 (UTC)
- That was a deeply irrelevant comment, and I wonder why you felt the need to make it. A good idea would be for you to remove it, and feel free to remove this response should you do so. – ornis⚙ 08:00, 11 October 2007 (UTC)
- The point is that just because someone disagrees doesn't mean there is something wrong with them. Jim62sch seems to believe that there is something wrong with me because I don't believe that this picture meets our image use policies. There is a reason that I stay away from this topic area. --B 12:41, 11 October 2007 (UTC)
- I don't think you understand the topic, quite honestly. In assessing impact we see importance, in assessing importance we clarify the topic, ergo assisting the reader's comprehension. It's really quite the simple concept. As for your snarky comment, I'll ignore it -- for now -- except to see WP:SPADE (see, as the comment was not directed at a particular person, it is quite clear that it was an observation of WP's inner turmoil). Capisce? 20:49, 11 October 2007 (UTC) —Preceding unsigned comment added by Jim62sch (talk • contribs)
- Endorse The image may meet the purely legal requirements with respect to fair use, but that alone is not sufficient. The image does not satisfy criterion 8 of the the non-free content criteria insofar as it "can be replaced by text that serves a similar function." Furthermore, with respect to consensus, consensus is not limited to individual deletion debates, rather there is also the wider consensus that has created and refined the policies upon which the debate should proceed. An individual deletion decision should not usually (IAR notwithstanding) contradict that wider consensus. CIreland 07:22, 10 October 2007 (UTC)
- Endorse Neil's closure of the debate was based on the merits of the arguments and not the vote count. The arguments that it did not meet WP:NFCC#8 were stronger since the arguments to keep were primarily because the existence of the cover and the presence of the image added emphasis to the section, not because there was some part of the topic better understood because of the image. 17Drew 21:33, 10 October 2007 (UTC)
- Overturn - looks like it's within the boundaries of that NFCC guideline to me. Saying that it isn't just doesn't make it so any more than saying it is does make it so. Administrators are allowed to ignore the consensus of the community if it's against guidelines, but the arguments were clearly valid. 128.118.161.244 07:56, 11 October 2007 (UTC)
- Endorse deletion. This is really a textbook case of fair-use counterexample #8, and the closing admin interpreted policy correctly. Some are arguing that this image is notable simply because it was the cover story of Time Magazine -- but if that's the case then counterexample #8 has no meaning. Further, there is no encyclopedic information about ID that is conveyed by the cover itself, that could not be conveyed just as well (if not as prettily) by simply saying it was Time's cover story. The cover image isn't designed to give information about ID; it's designed to look pretty and thought-provoking attract readers to the article. That's decorative. Of course the article itself is noteworthy and should be mentioned, but the image of the cover is just decorative. These sorts of images are routinely deleted, and literally hundreds of similar cases have been dealt with without controversy. Keeping this image would frankly require a change in policy ("We can use magazine covers, not otherwise notable, if the fact of the article itself is notable"), and this isn't the forum for changing policy. – Quadell (talk) (random) 12:21, 11 October 2007 (UTC)
- Endorse deletion. The IfD was closed properly. Neil was quite right to take into account not the numbers voting keep or delete, but merits of the arguments. WP:NFCC#8 is a much stronger argument than the fact that Time Magazine regularly grant permission to use their covers, or the fact that the cover added emphasis to a section. Regarding the emphasis added, or how it "showed the importance", nobody really made a convincing argument that without the image, people would find it much harder to understand the article. Regarding the "permission", see Template:Permission from license selector and these two messages, especially Kat Walsh's words: "While we appreciate the goodwill of those who give special permissions for Wikimedia to display a work, this does not fulfill our greater purpose of giving others the freedom to use the content as well, and so we cannot accept media with permission for use on Wikimedia only. Derivative uses are also important. The value of allowing modifications becomes clear to anyone who edits the projects, as new work builds on the work of others, and work you cannot change to meet your needs and purposes is not free." Our policy on non-free content is not about how not to get sued; it's about building an encylopaedia out of text and images and other media that are freely licensed and that can be used by anyone for any purpose. We deviate from that, with reluctance, when we find that not to do so would significantly compromise the quality of an article. ElinorD (talk) 13:04, 11 October 2007 (UTC)
-
- The IfD closure as "delete" was most certainly not a correct interpretation of "policy". This was an administrative overruling of a clear preference to keep the image, based on a mere guideline, as I indicated in the extended comment a bit farther above. So the admin admitted NFCC #8 is clearly a subjective issue and defers to the consensus on that basis, but then incorrectly cites a non-binding guideline (a guideline written largely by anti-fair-use advocates) and overrules a clear majority on this basis, and this is now being argued to be interpreting policy correctly? No way. This is in effect saying "to heck with consensus -- we're deleting the image anyway". And then after having pointed out the closing admin's error in overruling consensus based on a non-binding guideline, the arguments again come back around to back-and-forth arguments about the subjective editorial interpretation of NFCC #8. This should have been left to the local article consensus to begin with, then in the IfD it should have been left to that clear majority preference to keep.
..... As to the argument that "Neil was quite right to take into account not the numbers voting...", this is an argument seen in the essay WP:AADD where "not just a vote [but also a discussion process]" is commonly reinterpreted as "ignore the numbers of votes" when a minority disagrees with a majority and seeks to change the outcome. If that's the argument here, we may as well just skip the pretenses about community participation and let the admins make all the decisions on whatever justification they want . Indeed at that point there's no need for any valid justification -- the closer may as well just say "here's my decision, and thanks to everybody for the input", and be done with it. ... Kenosis 16:19, 11 October 2007 (UTC)
-
- Some points concerning majorities:
- I read the original debate but did not comment because I felt that the arguments that I would offer had already been made by others. I may well not have been the only one. I omitted to comment on the basis that the strength of the arguments would be evaluated, not the number of advocates for one position or another.
- The reason we debate rather than vote in XFDs is that voting gives the same weight to every argument regardless of that argument's strength. A debate should give greater weight to some arguments than others - which is what happened in this case. CIreland 17:11, 11 October 2007 (UTC)
-
- My review of the IfD indicated that there were cogent arguments on both sides of the debate. The arguments from image-deletion advocates were the same arguments recycled in many image deletion proceedings, and all of it came down to a simple editorial decision. So, in other words, the closing justification for overruling a clear lack of consensus to delete came down to the subjective critierion NFCC #8, a subjective measure, a simple editorial decision about whether the image helps the reader of the article sufficiently enough to use it. And this happened despite the Deletion guidelines for administrators which directs "When in doubt, don't delete". In other words, the closing administrator makes the decision and decides what argument prevails in the debate, and basically tells the participants "thanks for your input--here's my decision". Then let's not beat around the bush and let's call it what it is, please. The closing administrator makes the decision. ... Kenosis 17:23, 11 October 2007 (UTC)
|