What should be done if a question uses copyrighted material?
E.g. this question seems to use the diagram due to Immermann.
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2 Answers
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This case would obviously qualify as fair use, even if the image were uploaded to this site.
If you are at all bothered, click on "flag" under the question and select "Requires Moderator Attention". Say that it looks like fair use, but that you are not completely sure.
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1$\begingroup$ I should add that since we're on the verge of getting moderators (I was contacted last night formally), one way of dealing with these problems is to flag the post for moderator attention. $\endgroup$ Sep 2, 2010 at 17:30
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$\begingroup$ @Suresh: I've fixed the post per your comment. Congrats on your enmoderatorshipification... $\endgroup$ Sep 3, 2010 at 17:03
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$\begingroup$ not sure I should be congratulated :). $\endgroup$ Sep 3, 2010 at 17:46
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1$\begingroup$ @Suresh: We have to keep your spirits up! $\endgroup$ Sep 3, 2010 at 19:18
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In the post in question, the image is actually a link to the actual page, and the inlining is just how HTML gets processed. I don't think there's a copyright issue here. Linking is perfectly fine.
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1$\begingroup$ Linking is perfectly fine, but this isn't just linking. Regardless of technical issues, here the end result is that our site displays this picture. IANAL, but to stay on the safe side, I'd ask for permission or replace the image with a plain-text link like this. $\endgroup$ Sep 2, 2010 at 8:41
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2$\begingroup$ But even the original image has no copyright notification. Personally, I'm not inclined to get into copyright policing, and I prefer the free flow of information of this kind. $\endgroup$ Sep 2, 2010 at 9:37
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2$\begingroup$ I agree with Suresh. No one is going to suffer any damages, monetary or otherwise, from having something posted in a question like that. In the unlikely event that someone complains, we can get it taken down. Giving mods extra reasons to police questions would limit participation without providing benefit. $\endgroup$ Sep 2, 2010 at 12:28
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1$\begingroup$ So the assumption is that the authors of questions/answers posted on the site are not violating copyright unless there is a complaint. That seems reasonable. $\endgroup$– KavehSep 2, 2010 at 13:11
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$\begingroup$ Careful, @Suresh. Copyright does not require a copyright notification, and direct embedding is a legal gray area; see <a href="gizmodo.com/5594176">Flipboard</a>. This particular case is probably okay, but a blanket "Linking is perfectly fine" is a bit sloppy. $\endgroup$– JeffεSep 4, 2010 at 21:58
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$\begingroup$ I see. point taken (says, Suresh "I'm not a laywer and shouldn't pretend to be one" Venkat) $\endgroup$ Sep 4, 2010 at 23:22
