[Wikimedia-l] Fwd: [Toolserver-l] [TS logo] Fwd: Free as in Wikimedia Foundation

[James Alexander]

I somewhat agree here with the statements on the tool-server thread. I'm a
big confused by the big anger about the registration to be honest... I
understand that we want things to be as free as possible but when it's
representative of the movement or the community having some kind of
protection seems good not bad. We've always had this anger against any kind
of protection despite also being angry about misuse (mostly by  people
outside of the community) which can not be defended against easily without
'some' kind of protection.

It's public domain, and always has been, but it's also been a logo on one
of our projects long enough that it's been a common law trademark for ages.
The main argument seems to be that it should be available for use and reuse
by the community, which I'm in no way against, but we can't even have
minimal restrictions on it without claiming trademark. This idea that it
should be 'reserved for the community' as many people have asked actually
almost requires a tm claim. It seems like the argument should be much more
about what type of restrictions we want placed on it (or not placed on it).

The legal department may not always do what I think is best or be the
smoothest at explaining but none of us are (I certainly am not!). However,
there is no doubt that they ALWAYS mean to do what is best for the
community and the projects. I have never heard one decision made where that
wasn't a central reason for doing it. The amount of bad faith some people
have been showing in this discussion is depressing.

James


On Tue, Mar 19, 2013 at 11:59 AM, Samuel Klein <meta.sj at gmail.com> wrote:

> [Forwarding from the the toolserver-l branch of this thread]
>
>
> ---------- Forwarded message ----------
> From: Daniel Schwen <lists at schwen.de>
> Date: Tue, Mar 19, 2013 at 11:35 AM
> Subject: Re: [Toolserver-l] [TS logo] Fwd: Free as in Wikimedia Foundation
> To: Wikimedia Toolserver <toolserver-l at lists.wikimedia.org>
>
> 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".
>
>
> ---------- Forwarded message ----------
> From: Marc A. Pelletier <marc at uberbox.org>
> Date: Tue, Mar 19, 2013 at 12:32 PM
> Subject: Re: [Toolserver-l] [TS logo] Fwd: Free as in Wikimedia Foundation
>
> 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
>
>
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