[Foundation-l] GFDL publisher credit (was: Wikibooks for sale)
Robert Scott Horning
robert_horning at netzero.net
Tue Jul 4 19:31:56 UTC 2006
daniwo59 at aol.com wrote:
>
>In a message dated 7/4/2006 2:19:14 PM Eastern Daylight Time,
>wikilegal at inbox.org writes:
>
>This is especially true when an
>employee of the foundation implies that playing it safe and assuming
>the foundation does hold a copyright interest and is a publisher is
>somehow a violation of trademark law.
>
>
>
>To be perfectly clear, Anthony, I stated that our name (and logo) are
>trademarked. That is unquestionable. The books were listed as being created the
>Foundation, yet we had no knowledge of it. In other words, the publisher used
>our trademarked name on a book without the agreement of the Foundation. While I
>am not assuming malicious intent, that is clearly unacceptable. Don't twist
>what I said.
>
>Danny
>
>
I don't understand how you could not have knowledge of this book when
you claim that you were in the middle of delicate negotiations about
this specific book. All you didn't have knowledge of was one user
taking content on Wikibooks and simply offering it for sale. The claim
that the contents were credited with the WMF as a "co-author" or
"publisher" has been on the PDF now for almost a year and not disputed
until now. Technically "published" on Wikibooks for that whole time.
I am also not exactly clear as to what is unacceptable here. Using the
Wikijunior trademark? Acknowledging that the WMF had a part in the
creation of the content in this book?
The only thing that might be an issue is if this had claimed to be an
"official" print version "authorized" by the WMF, which it didn't.
If the trademark usage is unacceptable, there are other Wikibooks which
need to be fixed as well, because this style of usage for invoking the
name of the WMF is catching on at Wikibooks. Also, there are legitimate
uses of a trademark that don't need permission of the trademark holder.
Perhaps we crossed the line here as Wikimedia users, and for that I am
asking for some guidelines. Not simply "you went too far, don't go
there again", but something a little bit more constructive. I don't see
how using the name of the Wikimedia Foundation in the acknowledgements
sections of a book is abuse of a trademark.
--
Robert Scott Horning
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