[Clipart] incompatible licenced Clipart

[chovynz]

*Clipart I've hidden*
Has CC [nc-by-sa] licence. This is incompatible with PD.
http://www.openclipart.org/index.php?pretty=detail/66565
http://www.openclipart.org/index.php?pretty=detail/66553
http://www.openclipart.org/index.php?pretty=detail/66559
http://www.openclipart.org/detail/66643

This real-life example shows why it's better to not allow any other 
licences except for PD.

Although I do have a question about our policy.
http://creativecommons.org/licenses/by-nc-sa/3.0/
The licence states that No-Commercial use is applied. However the 
conditions of the licence say thus:


      With the understanding that:

    * *Waiver* — Any of the above conditions can be waived
      <http://creativecommons.org/licenses/by-nc-sa/3.0/#> if you get
      permission from the copyright holder.
    * *Public Domain* — Where the work or any of its elements is in the
      public domain <http://wiki.creativecommons.org/Public_domain>
      under applicable law, that status is in no way affected by the
      license.

The Uploader for OCAL isn't necessarily the Author, but most often IS. 
Simply put, we have no way of knowing yet. For the purposes of 
simplicity let's say that the Uploader IS the Author of the works.
Does it mean, when the Author of the works, uploading it to our PD site, 
uses that 2nd point, in that the /NC part is cancelled/ because of 
uploading the entirety of the clipart to the Public Domain OCAL?

Obviously, I can assume that the persons actual intent (I have to 
assume, since we don't yet have email facilities to ask directly, hint 
hint), is for people to not use it commercially. Otherwise they would 
not have put it in there under NC.

Which is correct? That understanding clause is confusing.

1. Is the Authors own works, uploaded to OCAL, to be considered PD, no 
matter what licence they state on the description?
2. Or is it to be considered incompatible, and removed from the library?

My understanding is 2. is correct at this time.

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