
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 FBI Doesn’t Think People Are Allowed To Post Pictures of its Seal on the Internet, So Let’s All Do It
Wikipedia has an article on the Federal Bureau of Investigation, much like all things that a large amount of people might desire encyclopedic information on. Naturally, because it makes sense to do so, the Wikipedia community put a picture of the FBI’s official seal in the article, just in case, you know, someone might want to know what it looked like.
So the FBI decided to send the Wikimedia Foundation a letter in which they demanded this image of the seal be removed because apparently there’s some federal law against depicting the seal of a federal agency in 18 U.S.C. § 701. Except that there isn’t.
Wikimedia’s attorney Mike Godwin (yes, that Godwin) wrote back to the FBI, informing them that:
Long story short, it is perfectly okay to post a picture of the FBI seal on the Internet, as long as you’re not doing it in order to claim that you are the FBI. So I’m going to exercise my right to do so, and I encourage everyone else on the Internet to join me.
Seriously, doesn’t the FBI have anything better to do?