Thread:Sannse/@comment-970089-20141122213554

Hi Sannse,

I understand either yourself, or someone from CC/Wikia has been in discussion with GarouxBloodline regarding a Tragic the Garnering (Magic the Gathering parody) tournament on Nukapedia.

I, and a few other users have a number of concerns regarding the images used within the "cards" created by the tournament by Garoux. Specifically, he asserted that most if not all of the images included in the cards used were within the public domain.

One of our admins (Jasper42), and a regular on CC (ShiningArmor) have investigated the images used, and have in a large number of cases determined that the images used are likely to be the subject of copyright, and thus not within the public domain.

Although we've offered Garoux the opportunity to either show his source for his claim to public domain status, assert a fair use exeption, or show correct licensing (either by use of the Creative Commons license where this is offered, or through author consent), he has been unable to complete this.

Appling the doctrine of good faith, I have looked into the US Copyright Office's explanation on Good Faith, and cannot find an example that fully fits this sitation. The closest (Parody) implies that it only applies where the copyright being used is the subject of the Parody - in this case, the parody appears to be the game "Magic: The Gathering" rather than the subject of the images, and thus it doesnt seem to apply.

As we cannot be certain a fair use excemption exists nor that they are licensed or public domain, we have taken the US Copyright Office's advice of removing them, pending clarification of their status.

I would not ordinarily bother you with what should be a simple "on wiki" issue, rather than a CC or Cross wiki issue, but I understand there have been discussions to rehost the images here. I felt it would be for the best if I apprise you fully of the situation, and what our concerns are.

Just in case there has been any confusion in what may have been communicated about our action, neither I, nor Nukapedia have issues with "Public Domain" images. However, we do have an issue where public domian is asserted, but does not appear to be true.

We have no wish to disrupt this tournament Garoux wishes to organise, but we feel that it is important that it be done properly.

Please let me know if I can be of any further assistance in this matter.

Agent C - Bureaucrat - Nukapedia. 