
Being the Creative Commonsing, Fairly Using, “17 USC § 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.







The Indie Paradox: Paying Rent Without Depending On Corporations
Large corporations have come up with a solution: go into the manufacturing business. They are now Digital Rights Manufacturing companies, creating new rights for themselves using a revolutionary new process known as “fellating lawmakers”. Their revenue stream comes from licensing these digital rights at high prices, and suing people who don’t pay. But it’s too expensive for indie artists and creators, and it doesn’t win you any friends.
Because of this situation, indie game developers are doing horrible things like experimenting with in-game advertising. I’m not saying this as a knee-jerk reaction to the horrors of annoying ads bombarding us. I’m saying this as a knee-jerk reaction to the horrors of depending on the advertising industry for revenue.
Think about it: TV series with devoted fanbases are cancelled because they don’t make enough ad revenue. Millions of websites depending on Google AdSense would go broke if their accounts were inexplicably terminated (I’ve read about this happening before but can’t find a link detailing it. Maybe I’m typing the wrong words into Goo…gle…wait a minute). And remember when GameSpot fired Jeff Gertsmann when their advertisers didn’t like his reviews? For people who call themselves indie, it’s not very indie-pendent.
The best way to be indie in any medium, be it game development, filmmaking, music, writing…hell, even running a business in general, the only party you should be depending on is individual people. Some may know them as “customers”, or “users” who “generate content” on your “social media application”, but let’s avoid such corporate-speak, as it makes baby Jesus cry and is killing America. But there’s still the problem of how exactly to make money on individual people anymore. In a world where art is hard work and people don’t seem to want to pay for it, one man will stand up to explain his opinion. That man is me. Reread the previous two sentences in a movie trailer guy voice, then click the jump-cut-continue-reading thingy:
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