-------- Messaggio originale -------- Oggetto: [Wikimedia-l] Free as in Wikimedia Foundation Data: Tue, 19 Mar 2013 13:12:04 +0100 Mittente: Tomasz W. Kozłowski A: Wikimedia Mailing List
Hi community, I would like to bring to your attention a matter that's currently being discussed on Meta, one that has not yet gained too much interest (though it was discussed during IRC office hours, and was mentioned on one mailing list, as far as I see).
It seems that the Wikimedia Foundation registered a community logo https://meta.wikimedia.org/wiki/File:Wikimedia_Community_Logo.svg as a trademark in the United States, with the international application still pending.
The logo was originally created in 2006 by User:WarX (Artur Fijałkowski) , and was adopted as the logo of Meta-Wiki in 2008 — and as far as I can recall, the very point of it being created was to (1) have a community logo released into the public domain and (2) to have a community logo which was /not a trademark/.
I am especially worried about the WMF not informing the community about their trademark registration — we have only found out about it via an edit on Commons https://commons.wikimedia.org/w/index.php?diff=84864201&oldid=49625546, and then after asking about it during IRC office hours at the end of January.
As far as I understand, the WMF has not discussed trademark registration with the author of the logo https://commons.wikimedia.org/w/index.php?diff=92395329&oldid=92392542 — though obviously, since Artur-WarX released it into the public domain, it would've only be good manners, and not a legal requirement.
The discussion is taking place on Meta at https://meta.wikimedia.org/wiki/Talk:Community_Logo, and all comments are welcome.
What a nonsense issue. This superfluous discussion is fueled by two fallacies, the confusion of copyright and trademarking and an unhealthy paranoia toward the foundation. Protection of logos associated with the wikimedia community is a good thing. The foundation is an asset to the community! They can offer legal support in cases of abuse of wikimedia related symbology. It is absurd to create a spectre of a community-suing evil foundation while at the same tie ignoring the very real threat of dilution and abuse of wikimedia symbols and resulting damage of wikimedia community reputation by spam, phishing, link farming etc. sites. Sorry, but this is alarmist hippie crap and typical "netizen-outrage".
On Tue, Mar 19, 2013 at 7:20 AM, Federico Leva (Nemo) nemowiki@gmail.com wrote:
-------- Messaggio originale -------- Oggetto: [Wikimedia-l] Free as in Wikimedia Foundation Data: Tue, 19 Mar 2013 13:12:04 +0100 Mittente: Tomasz W. Kozłowski A: Wikimedia Mailing List
Hi community, I would like to bring to your attention a matter that's currently being discussed on Meta, one that has not yet gained too much interest (though it was discussed during IRC office hours, and was mentioned on one mailing list, as far as I see).
It seems that the Wikimedia Foundation registered a community logo https://meta.wikimedia.org/wiki/File:Wikimedia_Community_Logo.svg as a trademark in the United States, with the international application still pending.
The logo was originally created in 2006 by User:WarX (Artur Fijałkowski) , and was adopted as the logo of Meta-Wiki in 2008 — and as far as I can recall, the very point of it being created was to (1) have a community logo released into the public domain and (2) to have a community logo which was /not a trademark/.
I am especially worried about the WMF not informing the community about their trademark registration — we have only found out about it via an edit on Commons https://commons.wikimedia.org/w/index.php?diff=84864201&oldid=49625546, and then after asking about it during IRC office hours at the end of January.
As far as I understand, the WMF has not discussed trademark registration with the author of the logo https://commons.wikimedia.org/w/index.php?diff=92395329&oldid=92392542 — though obviously, since Artur-WarX released it into the public domain, it would've only be good manners, and not a legal requirement.
The discussion is taking place on Meta at https://meta.wikimedia.org/wiki/Talk:Community_Logo, and all comments are welcome.
-- Tomasz W. Kozłowski a.k.a. [[user:odder]]
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Hello, At Tuesday 19 March 2013 16:44:17 DaB. wrote:
What a nonsense issue.
to formulate it a little bit less drastic: Somebody has to protect (=trademark) the logo to prevent misuse. Because the community has no international organization (AFAIK not even a local organization somewhere), the WMF is the only candidate left.
Sincerely, DaB.
On 3/19/13, DaB. WP@daniel.baur4.info wrote:
Hello, At Tuesday 19 March 2013 16:44:17 DaB. wrote:
What a nonsense issue.
to formulate it a little bit less drastic: Somebody has to protect (=trademark) the logo to prevent misuse. Because the community has no international organization (AFAIK not even a local organization somewhere),
the WMF is the only candidate left.
Sincerely, DaB.
-- Userpage: [[:w:de:User:DaB.]] — PGP: 0x2d3ee2d42b255885
On 03/19/2013 11:35 AM, Daniel Schwen wrote:
Sorry, but this is alarmist hippie crap and typical "netizen-outrage".
I'm not sure I'd have put it in such strong words, but I agree that this is very much overblown and misguided.
It's important that any marks not be misused for "evil" purposes, and Trademark is the method to prevent it. That the foundation is willing to step up and handle the legalities is a /good/ thing.
Making sure nobody can use a mark for bad reasons *means* having to okay proposed uses. If you want something "everyone can use without asking for any reason", you'll get something everyone *will* use for reasons you wish they wouldn't -- and then have no way to stop them.
-- Coren / Marc
Marc A. Pelletier (2013-03-19 17:32):
On 03/19/2013 11:35 AM, Daniel Schwen wrote:
Sorry, but this is alarmist hippie crap and typical "netizen-outrage".
I'm not sure I'd have put it in such strong words, but I agree that this is very much overblown and misguided.
It's important that any marks not be misused for "evil" purposes, and Trademark is the method to prevent it. That the foundation is willing to step up and handle the legalities is a /good/ thing.
Making sure nobody can use a mark for bad reasons *means* having to okay proposed uses. If you want something "everyone can use without asking for any reason", you'll get something everyone *will* use for reasons you wish they wouldn't -- and then have no way to stop them.
Not exactly. Somebody that takes some other people creation and claims it's his commits a crime (at least by Polish law). Also authorship formally cannot be transmitted by Polish law (only ownership can be transmitted). So even PD doesn't really mean - do whatever you like.
Back to the point - it would be fair to simply e-mail the author before trying to register the logo.
Regards, Nux.
On Tue, Mar 19, 2013 at 5:51 PM, Maciej Jaros egil@wp.pl wrote:
Not exactly. Somebody that takes some other people creation and claims it's his commits a crime (at least by Polish law). Also authorship formally cannot be transmitted by Polish law (only ownership can be transmitted). So even PD doesn't really mean - do whatever you like.
You just described copyright. This is trademarking.
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