[Wikimedia-l] [Wikimedia Announcements] Settlement of litigationbetween Internet Brands and the Wikimedia Foundation

Sat Feb 16 01:17:39 UTC 2013

A good and just result. However, there is no mention of costs and I would 
hope that the Foundation would have recovered these in the face of what 
seemed to be an optimistic, if not actually frivolous, claim.

Lest history should repeat itself, I'd be glad if it were made clear that 
the Foundation suffered no, or minimal financial loss in taking the action 
it did, and particularly in supporting individual Wikimedians.

----- Original Message ----- 
From: "Jay Walsh" <jwalsh at wikimedia.org>
To: <wikimediaannounce-l at lists.wikimedia.org>
Sent: Saturday, February 16, 2013 12:10 AM
Subject: [Wikimedia-l] [Wikimedia Announcements] Settlement of 
litigationbetween Internet Brands and the Wikimedia Foundation

> We've just published a post by Geoff Brigham outlining the settlement
> of litigation between Wikimedia Foundation and Internet Brands, which
> is great news indeed.
>
> https://blog.wikimedia.org/2013/02/15/a-victory-for-wikivoyage-and-free-knowledge/
>
> Congratulations to everyone who's been working hard on this effort.
>
> ---
> A victory for Wikivoyage and free knowledge
> Posted by Geoff Brigham on February 15th, 2013
>
> Settlement of litigation between Internet Brands and the Wikimedia 
> Foundation
>
> Today we are pleased to announce a settlement in the legal proceedings
> between the Wikimedia Foundation and Internet Brands relating to
> issues stemming from the creation of Wikivoyage, our community’s
> newest free knowledge project. We regard this settlement as a victory
> for the Wikimedia movement, and a vindication of our values and
> beliefs.
>
> Our community expressed a strong desire to create a new, freely
> shareable, non-commercial travel guide. In response, Internet Brands
> (owners of a for-profit wiki-based travel project) sued two
> Wikimedians visibly involved in supporting the travel guide. Internet
> Brands branded the proposed new site an “Infringing Website” and
> claimed that the volunteers were acting “for the benefit of the
> Wikimedia Foundation” to “usurp” the community of users of Internet
> Brands’ site and taking actions that included “deliberately misleading
> statements, and Trademark infringement and violation of Internet
> Brands’ intellectual property rights.” Internet Brands identified the
> “Wikimedia Foundation, members of its Board, and other members of the
> Foundation” as potential “co-conspirators” who were “corrupt in this
> scheme”.
>
> Unintimidated, the Foundation moved in to defend our volunteers and to
> protect our community’s right to an open and meaningful discussion
> about the project.
>
> We contacted one of the most respected law firms working in this
> field, Cooley LLP, and asked that they represent and defend the two
> volunteers facing legal action from Internet Brands. Cooley was
> engaged, and with our financial support, the volunteers moved the case
> to federal court and also filed an anti-SLAPP motion against Internet
> Brands, alleging that their freedom to openly discuss the project was
> under threat. Internet Brands responded by abandoning its federal
> claim, essentially admitting it had no factual basis. The federal
> court then dismissed all of Internet Brands’ remaining claims.
>
> Meanwhile, in September 2012 the Wikimedia Foundation filed its own
> lawsuit against Internet Brands seeking a declaration from the court
> that Internet Brands had no proper basis to block the wiki travel
> project.
>
> The settlement was signed on February 14, 2013, and Internet Brands
> has now released the Foundation and Wikivoyage e.V. (the German not
> for profit who worked so hard to make the project a success) from any
> and all claims related in any manner to the creation and operation of
> the wiki travel project. In return, the Foundation will dismiss the
> suit.
>
> Wikivoyage is now officially launched and growing, with about 9000 new
> entries added in the first month, and new language versions in Polish,
> Romanian, Finnish, Hungarian, Chinese and Japanese being opened.
>
> The Wikimedia Foundation believes there is enough room for multiple
> travel sites to co-exist, and for community members to contribute to
> multiple sites in this area. Our Executive Director, Sue Gardner,
> outlined this perspective in a post to the original travel project
> discussion. We have stood by this belief from the beginning, and we
> believe that a successful, freely-shareable, non-commercial travel
> project will help support the overall quantity and quality of travel
> information on the web.
>
> We thank and recognize our global community of volunteers,
> particularly the pioneers of the Wikivoyage project for their
> dedication and focus in making the project possible. I want to thank
> my colleagues at the Foundation in many different departments for
> their hard work on this case. We are also grateful to our friends at
> Cooley LLP for their continuous support, tireless dedication, and
> outstanding legal counsel through these challenges.
>
> It’s now possible for the Wikivoyage community to continue their
> efforts to build a global free-knowledge travel site unhindered. We
> wish them the best of luck and look forward to working closely with
> the Wikivoyage community as the project grows and thrives.
>
> Geoff Brigham, General Counsel
>
> -- 
> Jay Walsh
> Senior Director, Communications
> WikimediaFoundation.org
> blog.wikimedia.org
> +1 (415) 839 6885 x 6609, @jansonw
>
> _______________________________________________
> Please note: all replies sent to this mailing list will be immediately 
> directed to Wikimedia-l, the public mailing list of the Wikimedia 
> community. For more information about Wikimedia-l:
> https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
> _______________________________________________
> WikimediaAnnounce-l mailing list
> WikimediaAnnounce-l at lists.wikimedia.org
> https://lists.wikimedia.org/mailman/listinfo/wikimediaannounce-l
> _______________________________________________
> Wikimedia-l mailing list
> Wikimedia-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
> 