2009/4/23 Mike Godwin mnemonic@gmail.com:
Nathan writes:
Interesting - I wonder if this is in any way related to the decisions
underlying the recent board statement on trademarks? Has the Foundation pursued Wikipedia Review in the same manner?
I can answer that question -- it's wholly unrelated to the recent Board statement on trademarks. Our concern was not primarily about trademarks.
The initial letter from Isenberg (isn't that where Saruman lived?) is almost entirely about trademarks, so you can understand why people would think that was your concern.
ideally by switching the domain name over to us, but not by requiring any content changes on their site at all.
[snip]
We are pleased that the project, after we contacted them about this matter, has chosen to publish a disclaimer disassociating itself more clear from our projects, and that they have ceased in their attempts to use Wikipedia as a staging ground for their performance art projects.
That is where my response would have differed from yours. I would have started by asking for a disclaimer, rather than asking them to hand over the domain. The disclaimer is a good solution, you seem to agree with that, and requesting the domain name comes across (however carefully you word your request) as an attempt to shut them down so it would have been good to completely avoid that potential for misinterpretation.
With regard to Wikipedia Review: when I spoke with my friends at EFF about this matter some weeks ago, they asked the same question. I pointed out that we at Wikimedia Foundation actually rather love Wikipedia Review -- I for one read it for its entertainment value -- and that in any case no one reading Wikipedia Review would ever be under the impression that they're affiliated with Wikipedia or the Wikimedia Foundation.
Personally, I find WR even more frustrating that foundation-l, so I avoid it, but I fully agree with everyone that it is legally and morally acceptable to use the Wikipedia trademark in such a way.