On Dec 18, 2007 2:36 PM, Platonides Platonides@gmail.com wrote:
Nathan Awrich wrote:
Sure, my fault for not being clear and perhaps not understanding fully the structure of the relationships involved. Maybe it would be more clear to say
(Note, I'm not replying officially or from a lawyer perspective, just from a chapters perspective. Take everything I say here with caution ;-)
- What special rights do Wikimedia chapters get regarding the
trademarks of the US Wikimedia Foundation?'
Depends on the agreement they have with the foundation. AFAIK it ranges from "can just use it themselves" via "can use it and license it for non-commercial use"can use it and license it for commercial use". I guess this would be standardises some day...
- Is the use of WMF marks by WMF local chapters governed by
indemnification agreements?
I'm not sure what you mean by "indemnification agreements". The agreement basically provide that the TMs can be used without royalties.
- Is the extent of WMF exposure to the various state speech and
publication laws known in areas outside of the US and Europe, and do we actively try to adhere to local standards when we know them? (I'm reminded of Yahoo and China here).
Interesting question... There are btw speech and publication laws in Europe too, refer e.g. to the denial of genocides, which is punishable in Switzerland (and, more limitedly, the denial of holocaust which is punishable in Germany).
- How effective is OTRS at policing legal issues in languages with few members?
I doubt that there are statistics on that, however for *most languages*, it should be possible to find a trusted user such as a bureaucrat who can deal with the matter.
- Has WMF had any trademark infringement/misuse issues so far?
This question probably goes to Mike Godwin, Legal Counsel WMF.
- If the marks of the WMF are registered to the WMF to the extent
possible, is there a mechanism for revoking license to those marks if a Wikimedia chapter violates the spirit of WMF?
As the TM use is regulated in an agreement, the WMF can just terminate the agreement, whereupon the chapter loses its rights to use the Trademarks (if the trademarks in this country are registered to the WMF).
I'd add, how are presumed trademark infringements handled?
By the Legal Counsel, WMF, I guess.
I found weeks ago a paper advertisement on which the character was browsing wikipedia (identifiable by the logo). IMHO they'd need WMF permission to do so but maybe they have! How could i know? There must be a better way than snail mail to the US (suggested by cary).
Try contacting Mike Godwin by email: mgodwin at wikimedia dot org It is usually the fastest way.
Michael