Artists Get The Internets Angry At Wikipedia For No Reason

Wikipedia Art: Everybody Look At Me!
Being the Creative Commonsing, Fairly Using, “17 USC ยง 107″-number memorizing hippie I am, I was instantly riled up when I saw in my feed reader an Ars Technica article about how the Wikimedia Foundation is trying to pursue legal action against Wikipedia Art for “trademark infringement.”

Wikipedia Art was an attempt at a conceptual “performance art” piece in the form of a Wikipedia article, acting as commentary on Wikipedia itself and…stuff. It was deleted from Wikipedia, not because it wasn’t art, but because it’s not an encyclopedia article. Perfectly reasonable. But then, allegedly, Wikipedia threatened a lawsuit and demanded the artists hand over the Wikipediaart.org domain name. This got the Electronic Frontier Foundation, which is essentially an entire organization of crazy Fair Use-hippies like me, very upset. I mean, come on, Wikipedia? The paragon of free knowledge and culture going all RIAA on people?

That’s what I thought. So I decided to do what nobody else had apparently attempted: get a comment from Wikimedia. On Twitter.

  • @XerxesQados: @jimmy_wales Are you okay with the threatened lawsuit against http://wikipediaart.org? Seems very anti-http://en.wikipedia.org/wiki/Fair_Use #
  • @jimmy_wales: @XerxesQados There is no threatened lawsuit. #
  • @jimmy_wales: @XerxesQados : Wikimedia says: http://ow.ly/3PhY . I’m disappointed in the EFF – clearly misrepresenting the situation. #

Well. Okay then. What Wales linked to was an official response from Mike Godwin, general legal counsel for the Wikimedia Foundation and predictor of Hitler.

“Wikipedia editors brought the issue of the domain name to our attention, we corresponded with the Wikipedia Arts folks, raising domain name and trademark issues, and the result was a prominent disclaimer. No litigation was threatened or commenced.”

In other words, Wikimedia asked for the domain name, not for the project to be shut down. They did this with VisualWikipedia.com as well, which is essentially a prettier wrapper over Wikipedia, and they now operate as VisWiki. Personally, I think it’s a bit of a stretch that people would get confused about whether any site with “wikipedia” in the domain was a Wikimedia project, but still, it’s nowhere near “threatening artists for fair use.”

EFF, I love you, but calm down. Don’t let yourself get riled up just because some avant-garde artists want attention. I agree, the trademark enforcement doesn’t seem necessary, and it probably could be fought in court, but pick your battles. And YOU, Internet. Yes, YOU. Do more research before ranting on your blogs.

Holy crap, I think I just did journalism.

    • Brian Sherwin Myartspace Blog

      I've been close to the Wikipedia Art story since day one. You might want to read my interviews with the two artists. Are the artists 'trolls'as Jimmy Wales has called them? I don't think so– not anymore than some of the longtime Wikipedia editors who mark articles about artists as not notable even though the subjects of the articles have exhibited in museums and so on.

      On Wikipedia a baseball player who only played one game is considered notable, a politician who never won an election can be notable without question– but artists who have exhibited in a few museums often have articles about them questioned or speedy deleted unless they have been reviewed in the New York Times or one of the longstanding art magazines. That appears to happen often.

      Read:

      http://www.myartspace.com/blog/2009/02/wikipedi…

      http://www.myartspace.com/blog/2009/04/art-spac…

    • http://plankhead.com Zacqary Adam Green

      Did Jimmy Wales call them “trolls?” All I heard was that Wikimedia wasn't actually threatening a lawsuit against them, unlike what they claimed.

      I'm not denying that the standards of notability on Wikipedia are questionable, and I think Wikipedia Art is a very interesting idea, but that's not an excuse to cry “I'm being sued” when you're not.

    • Brian Sherwin Myartspace Blog

      I've been close to the Wikipedia Art story since day one. You might want to read my interviews with the two artists. Are the artists 'trolls'as Jimmy Wales has called them? I don't think so– not anymore than some of the longtime Wikipedia editors who mark articles about artists as not notable even though the subjects of the articles have exhibited in museums and so on.

      On Wikipedia a baseball player who only played one game is considered notable, a politician who never won an election can be notable without question– but artists who have exhibited in a few museums often have articles about them questioned or speedy deleted unless they have been reviewed in the New York Times or one of the longstanding art magazines. That appears to happen often.

      Read:

      http://www.myartspace.com/blog/2009/02/wikipedi…

      http://www.myartspace.com/blog/2009/04/art-spac…

    • http://plankhead.com Zacqary Adam Green

      Did Jimmy Wales call them “trolls?” All I heard was that Wikimedia wasn't actually threatening a lawsuit against them, unlike what they claimed.

      I'm not denying that the standards of notability on Wikipedia are questionable, and I think Wikipedia Art is a very interesting idea, but that's not an excuse to cry “I'm being sued” when you're not.