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December 8

File:Ponce Massacre.JPG

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The result of the discussion was: Keep per those below who reasonably content that this image is PD. For the record, though, if this image were unfree, this FfD would have been closed as delete as the arguments below regarding the significance of this image are unconvincing. If it is determined that this image is in fact not PD, it is my opinion that the image may be summarily deleted per my aforementioned reading of these arguments. ÷seresin 05:44, 22 December 2009 (UTC)[reply]

File:Ponce Massacre.JPG (delete | talk | history | logs) - uploaded by Jmoliver (notify | contribs).
irrelevant
irrelevant, the article is not about the image itself, and does not make a critical discussion of the image
logical fallacy
irrelevant. By the way, if it is so, what "Photo was taken by Carlos Torres Morales, a photo journalist for the newspaper El Imparcial." mean ?
it is 637 × 368 pixels, so not even really. Of course, this is a necessary condition, not a sufficient one.
oh, you mean it's an image?
Rama (talk) 10:15, 9 December 2009 (UTC)[reply]


(1) Everything indicates this picture has lost its copyright, and thus is in the public domain:
EX1
EX2
EX3
EX4
EX5
EX6
EX7
EX8,PHOTO-IN-VIDEO
(2) The copyright holder was "PRENSA INSULAR DE PUERTO RICO, Inc." HOLDER, which was founded 91 years ago, in 1918 FOUNDED.
(3) The picture was taken 72 years ago, on March 21, 1937, by Carlos Torres Morales, a photographer working for El Imparcial newspaper PHOTOGRAPHER. Carlos-Torres-Morales
(4) The picture lost its copyright 44 years ago, on March 22, 1965, COPYRIGHT-EXPIRY. There is no indication its copyright holder in 1965 (presumably "EDITORIAL EL IMPARCIAL INC.", NEW HOLDER) applied for an extension (which would had brought its copyright as far as 1993 anyway). The wide availability of the picture from so many sources (see 1 above) would suggest its copyright in fact expired and was not renewed.
(5) The copyright holder went out of business 36 years ago, in 1973 CLOSING. This was 8 years after the copyright had expired.
(6) The length of time the picture has been on display in Wikipedia (5 years) IN-WIKIPEDIA, without no one person or entity coming forward claiming it holds the copyright, further attests the picture is in fact in the public domain.
(7) From the various discussions that this particular Candidate for Deletion issue has generated, it is evident that a considerable, over-arching, and time-consuming, good faith effort has been on the part of several editors to identify the photograph's copyright status and/or owner. It is difficult to see how such effort could be ignored in the unlikely event that an existing copyright obscurely existed somewhere.
(8) For those not familiar with the event or the photograph, the photograph gained notoriety as the famous Massacre (SEE-PAGE-24) was investigated by the ACLU (See HERE> Report of the Commission of Inquiry on Civil Rights in Puerto Rico. By The Commission of Inquiry on Civil Rights in Puerto Rico. 70p, np, May 22, 1937. Law Library Microform Consortium. Kaneohe, HI.). The photograph was crucial to the ACLU establishing the Massacre had been intentionally authored by the U.S.-appointed American military governor Winship (See HERE-> WINSHIP'S-MASSACRE). The photograph was then used by Congressmen Bernard and Marcantonio (TESTIMONY) against the Governor who was consequently summarily removed from his position by President Roosevelt (WINSHIP-DISMISSED). Further attesting to the notoriety of the photograph, an oil canvass painting has been made by a well-known New York artist PAINTING. A 2004 movie "REVOLUCION EN EL INFIERNO" MOVIEwas also made about the Massacre.
KEEP I agree with Jmoliver that the photograph is in the public domain.
Regards, Mercy11 (talk) 23:05, 9 December 2009 (UTC)[reply]

"In this photo we can see practically all the policeman at Aurora and Marina (17 or 18) ready to fire against the people. All of them have weapons in their hands. We also see a policemen the moment that he fires his revolver. There is a white smoke from his shot. The shot is being fired directly at the people on the sidewalk. The policeman can be seen clearly. This Committee has been unable to understand why this policeman and the others fired directly at the crowd and not at the Cadets. We have tried to understand why the government did not use these photographs all of them widely published." Latino/A Thought: Culture, Politics, and Society. Tony the Marine (talk) 04:24, 10 December 2009 (UTC)[reply]

Note: Now the image and it's iconic importance is described in the article:The investigation and the Hays Commission. Tony the Marine (talk) 06:36, 10 December 2009 (UTC)[reply]
You asked: "Do any of you believe that this iconic image which was widely publized at the would appear in so many websites if it were not public domain?"
I reply: Yes. Welcome to the Internet.--Damiens.rf 12:40, 10 December 2009 (UTC)[reply]
The article commenting about the image is a good start, and if worked correctly, can "save" the image. But you'll have to improve that. Currently, the article just duplicated a long quote from the cited book, which is itself an excessive use of non-free material (the copyrighted text).
If the article discussed the picture in original (I mean, wikipedian-authored) text sourced to two or three books that discussed the image, and the picture is used solely on the section where it's discussed, I would "vote" to keep it. --Damiens.rf 12:45, 10 December 2009 (UTC)[reply]
You must know by now that the image meets WP:NFCI # 8. If you don't like the quote from an ACLU report that directly discussed the image, and the placement of the image in the article, so fix it!. Maybe other editors from WP:PUR are busy trying to save the images you nominated for deletion. --Jmundo (talk) 14:25, 10 December 2009 (UTC)[reply]
The image can't be kept if it isn't used properly. Fair use is all about "use", and not about the image itself. I don't feel competent enough to write an article section based on sources commenting on the image. I trust our great contributor Marine for that task. I volunteer, though, to write a proper fair use rationale for the image once its properly used in the article (something I don't quite trust Marines's competence for doing so). --Damiens.rf 17:05, 10 December 2009 (UTC)[reply]
I have to agree with "Damiens", my expertise is article writting, mostly Puerto Rican historical and military related articles. He is more acquinted with image issues. I'll look into more book references and he'll make the required fixes to the image rationale when the time comes. Tony the Marine (talk) 18:36, 10 December 2009 (UTC)[reply]
"This photograph is remarkable in that the policemen are not shooting at the uniformed nationalists but at a terrorized crowd in full flight.", that was a quote from Luis Muñoz Marín, the first democratically elected governor of Puerto Rico (the source is an academic journal from the Inter American University of Puerto Rico). --Jmundo (talk) 15:51, 11 December 2009 (UTC)[reply]
That's a great source. Good work. Someone please remove the image from 8 of the 9 articles it's currently being used and write a paragraph or two about it based on these two sources. Once it's done, I'll write a valid fair use rationale and withdraw the nomination.

Right --- Which explains why the image appears EVERYWHERE on the Internet without a copyright credit line. And that EVERYWHERE includes the respected Puerto Rico Online Encyclopedia http://www.enciclopediapr.org/ing/, a project of the Puerto Rican Endowment for the Humanities http://www.fphpr.org/, itself an organization funded by the National Endowment for the Humanities (http://www.fphpr.org/sobre_nosotros/nuestra_institucion.asp), an agency of the U.S. federal government.

Anyone who (see above at this LOCATION) responds "Welcome to the Internet" to the statement -- as made by Tony the Marine -- "Do any of you believe that this iconic image which was widely publized at the would appear in so many websites if it were not public domain," such responding editor obviously either wasn't around when Napster got nailed, or hasn't cared to learn about the incident. Well...or (worse yet) knows about it, but unfortunately doesn't understand its repercussions and impact on the rest of the Internet publishing world. Of course, the self-serving defense of "well (using a girlish voice here) Napster is exactly what we are trying to avoid happen to Wikipedia!" is always bound to come back. What a pity! Some people just don't get it...

Said differently, it is poor judgement to assume bad faith with all the dozen or so sites where the Ponce Massacre JPG is displayed. To assume this is to assume that the National Endowment for the Humanities and the Puerto Rican Endowment for the Humanities are both knowingly violating copyright law. And after the little Napster discourse above, I reply: Guess what, sonny, we live in a different Internet world now than the one where people (you?) lived where Napster illegally made available for anyone's download pleasure millions of copyrighted songs. To such poor judgement, I say, "Welcome to the Internet after Napster"! Mercy11 (talk) 23:47, 12 December 2009 (UTC)[reply]

Comment - You stated above: "That's a great source. Good work. Someone please remove the image from 8 of the 9 articles it's currently being used and write a paragraph or two about it based on these two sources. Once it's done, I'll write a valid fair use rationale and withdraw the nomination", now it seems as if your are retracking and setting conditions which I believe is not right, if we consider that the image is PD in accordance to Copyright Term and the Public Domain in the United States, 1 January 2009". Even if it were non-free, there is no reason to set up conditions that said iconic image be removed from the "Nationalist Party of Puerto Rico" article since the Ponce massacre is part of the history of that political party and the "Ponce, Puerto Rico" article since the Ponce massacre is part of that city's history. This reminds me of the iconic image File:WW2 Iwo Jima flag raising.jpg which is included in seven articles. I don't see anyone complaining. Tony the Marine (talk) 20:23, 15 December 2009 (UTC)[reply]

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File:Knive types.png

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Knive types.png (delete | talk | history | logs) - uploaded by Lament (notify | contribs).
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File:Aberration1.gif

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Aberration1.gif (delete | talk | history | logs) - uploaded by Portnadler (notify | contribs).
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File:The Rhymevasion.JPG

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:The Rhymevasion.JPG (delete | talk | history | logs) - uploaded by Rhymestyle (notify | contribs).
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File:Hiram Bithorn.JPG

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The result of the discussion was: Keep. עוד מישהו Od Mishehu 21:18, 21 December 2009 (UTC)[reply]

File:Hiram Bithorn.JPG (delete | talk | history | logs) - uploaded by AntonioMartin (notify | contribs).
I have expanded the non-free rationale in the description page as required by policy. The page has link to the source of the image and my understanding of WP:NFCC #10a is that the information about the copyright holder is only supplementary to the identification of the source of the material. --Jmundo (talk) 03:16, 11 December 2009 (UTC)[reply]
Tell me, without knowing the copyright holder, how can you assure this image does not violates WP:NFCC#2? --Damiens.rf 13:20, 11 December 2009 (UTC)[reply]
Are you telling me that NFCC 10a is wrong? Maybe I misread or missed something: "Identification of the source of the material, supplemented, where possible, with information about the artist, publisher and copyright holder." --Jmundo (talk) 16:45, 11 December 2009 (UTC)[reply]
There are valid occasions where the copyright holder can not be known, like some picture published by some terrorist (or otherwise illegal) group. Having downloaded the image from some copyright-lenient website is not a valid reason. --Damiens.rf 19:08, 11 December 2009 (UTC)[reply]
Before we keep discussing about the details of wp:nfcc 10a, are you aware that the image is about the first baseball player from Puerto Rico to play Major League Baseball? This is a bad resolution gray image, are you seriously proposing that the placement of the image in his article is going to "replace the original market role"? The image is already on several websites. Can you locate a free equivalent? Wp:nfcc 10a only states that the copyright holder information is supplementary to the identification of the source that, in this case is already provided in the image description page. --Jmundo (talk) 22:36, 11 December 2009 (UTC)[reply]
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File:Plettenberg arms.png

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Plettenberg arms.png (delete | talk | history | logs) - uploaded by Ahoerstemeier (notify | contribs).
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File:Ricardomartinelli.JPG

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Ricardomartinelli.JPG (delete | talk | history | logs) - uploaded by Cocoliras (notify | contribs).
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File:Richie Rich (rapper).jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Richie Rich (rapper).jpg (delete | talk | history | logs) - uploaded by Qlazarus (notify | contribs).
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File:Régi Tisza.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Régi Tisza.jpg (delete | talk | history | logs) - uploaded by BBS87 (notify | contribs).
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File:Robert M. Isaac.jpg

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The result of the discussion was: Delete - the nomination is on the basis that the image is replaceable with a free image, either one that is available or could be created. Opposing arguments need to sucessfully rebut this assertion, and there are none here that do - Peripitus (Talk) 02:08, 16 December 2009 (UTC)[reply]

File:Robert M. Isaac.jpg (delete | talk | history | logs) - uploaded by Kintetsubuffalo (notify | contribs).
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File:Robert Kotick press photo.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Robert Kotick press photo.jpg (delete | talk | history | logs) - uploaded by DustFormsWords (notify | contribs).
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File:RobHyman.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:RobHyman.jpg (delete | talk | history | logs) - uploaded by RPrinter (notify | contribs).
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File:Richardstewartlowres.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:Roland SH-201.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Roland SH-201.jpg (delete | talk | history | logs) - uploaded by TheFrankinator (notify | contribs).
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File:Rita wind.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 11:08, 20 December 2009 (UTC)[reply]

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File:Messenger of Freedom By Eddie Adolf.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Messenger of Freedom By Eddie Adolf.jpg (delete | talk | history | logs) - uploaded by Snoxie (notify | contribs).
Do you believe nominating a file for deletion is a destructive activity? We should close WP:FFD then. And... oooops, I nominated the wrong image in the article. Fixing now. --Damiens.rf 03:29, 9 December 2009 (UTC)[reply]
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File:Red shirt protest march 26 2009.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:Remora (ADF photo).jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Remora (ADF photo).jpg (delete | talk | history | logs) - uploaded by Nick-D (notify | contribs).
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File:SAINTDOGusA.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:William Clay Ford Jr. in Death or Canada.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:Walter kamba2.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:Wilkhahn chair 1940.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Wilkhahn chair 1940.jpg (delete | talk | history | logs) - uploaded by Aussiebear (notify | contribs).
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File:Carol Wood.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:Chris Constantinou in 2009.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

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File:RobbWilton.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted as G7 by Rodhullandemu (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 21:10, 8 December 2009 (UTC)[reply]

File:RobbWilton.jpg (delete | talk | history | logs) - uploaded by Rodhullandemu (notify | contribs).
 Done It's gone, per G7. Rodhullandemu 19:50, 8 December 2009 (UTC)[reply]
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:Ellen Zittek.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Ellen Zittek.jpg (delete | talk | history | logs) - uploaded by Computerjoe (notify | contribs).
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File:Olga Viscal Garriga.JPG

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Keep. עוד מישהו Od Mishehu 21:16, 21 December 2009 (UTC)[reply]

File:Olga Viscal Garriga.JPG (delete | talk | history | logs) - uploaded by Marine 69-71 (notify | contribs).

Note - I made a notation in the File and license change as recommended by Peripitus, to be replaced by the suggested template recommended by Damiens upon it's creation. Tony the Marine (talk) 03:07, 17 December 2009 (UTC)[reply]

The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:Erik estrada.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Erik estrada.jpg (delete | talk | history | logs) - uploaded by Donmega60645 (notify | contribs).
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:Lettertomesingle.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:Lettertomesingle.jpg (delete | talk | history | logs) - uploaded by Superman786 (notify | contribs).
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:REF2 Clajot.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 16 December 2009 (UTC)[reply]

File:REF2 Clajot.jpg (delete | talk | history | logs) - uploaded by Jimic be (notify | contribs).
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.