We regularly take action against websites offering Wikipedia paid editing services when they use the Wikipedia puzzle globe or other Wikimedia trademarks https://wikimediafoundation.org/wiki/Wikimedia_trademarks[1] in a way that could suggest to visitors that their services are offered or sanctioned by Wikipedia. We receive reports of potential trademark infringement, primarily through the trademark abuse form https://meta.wikimedia.org/wiki/Special:Contact/licenseabuse[2] and emails to legal-tm-vio@wikimedia.org. We evaluate each report and take action as appropriate. If it is a case of parody or nominative use https://wikimediafoundation.org/wiki/Trademark_policy#policy-nominativeuse[3], we may send an email asking them to include a notice that they are unaffiliated with Wikipedia and, if, necessary, to include proper Creative Commons attribution. If it is a case of actual infringement that could confuse the public, we contact them to ask that they remove the marks from their websites. In our cease-and-desist messages to paid editing websites, we remind them of the terms of use disclosure requirements. In some cases of trademark infringement, we can also file complaints under the Uniform Domain-Name Dispute-Resolution Policy https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy[4] seeking to cancel or claim their domain name registrations.
Best, Charles M. Roslof
[1] https://wikimediafoundation.org/wiki/Wikimedia_trademarks [2] https://meta.wikimedia.org/wiki/Special:Contact/licenseabuse [3] https://wikimediafoundation.org/wiki/Trademark_policy#policy-nominativeuse [4] https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy
== Charles M. Roslof Legal Counsel Wikimedia Foundation croslof@wikimedia.org (415) 839-6885
NOTICE: This message might have confidential or legally privileged information in it. If you have received this message by accident, please delete it and let us know about the mistake. As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer https://meta.wikimedia.org/wiki/Wikimedia_Legal_Disclaimer.
On Sat, Jan 7, 2017 at 8:09 PM, James Heilman jmh649@gmail.com wrote:
Undisclosed paid promotional editing is one of the biggest risks we face not only to the quality of our content but to our reputation. We need to do a more to address it.
No company editing Wikipedia for pay should be allowed to use the Wikipedia logo or name IMO. I am not sure how much the law allows us to enforce though. Is "wikipediawriters" a trademark infringement?
James
On Sat, Jan 7, 2017 at 4:58 PM, Jytdog at Wikipedia <jytdogtemp1@gmail.com
wrote:
Just want to note that in my OP I had linked to an ANI thread (now
archived
here https://en.wikipedia.org/wiki/Wikipedia:Administrators%27_noticeboard/ IncidentArchive942#Earflaps) about the discovery of a long term paid editor; the same editors who
found
that, have found another -- this time the editor had 70K edits on
en-wiki.
ANI thread is here https://en.wikipedia.org/w/index.php?title=Wikipedia: Administrators%27_noticeboard/Incidents&oldid=758846199# Proposal_to_ban_FoCuSandLeArN_due_to_undisclosed_paid_editing. They edited on behalf of Banc de Binary, Alcoa, and some other big players. It appears that this editor worked for wikipediawriters.com.
Is WMF in discussions with that company, and companies like it, with
regard
to following the ToU? If not, why not?
What if WMF started a list similar to Beall's list of Predatory
Publishers,
of companies that advertise editing WP for pay for which there is no evidence of them complying with the ToU? It would also be useful to list editors associated with the companies who have been blocked or banned by one or more WP communities (this would take some delicate work).
Beside
this sort of public list (which people who want to hire paid editors
would
probably appreciate being able to check), such companies could also be
sent
a letter informing them of the ToU and telling them to stop using the WP name until they start complying with the ToU - including the blocking/banning policies - and you could link that letter in the list.
There are things the WMF could be doing that the community cannot.
On Sat, Jan 7, 2017 at 3:31 PM, Jytdog at Wikipedia <
jytdogtemp1@gmail.com
wrote:
Thanks for your note, Jacob.
It is great to know that WMF is happy to help with specific on-Wiki issues, working from the ground up, as it were. Yes members of the community are constantly playing whack-a-mole to deal with specific incidents.
The reason I asked the original question, is that from the point of
view
of myself and some other editors, the WMF could do a lot to address
paid
editing by acting where *only* it can - from the top down. Namely, taking efforts to prevent companies from using the Wikipedia name to advertise services that are performed in violation of the Terms of Use. That would go for both companies that provide editing services and companies that allow freelancers to connect with customers.
With those companies freely (and often mockingly) advertising their services, the spigot is opened wide - they constantly get more
customers
and send people here to edit. I would like to know if legal is authorized to take action to cut that flow off from the top. To close
the
spigot.
If legal is not authorized to take such action, I would like to know
why.
Is it that the board and management have not talked through this, or
that
they have talked through and decided not to do it?
Thanks.
On Sat, Jan 7, 2017 at 12:41 AM, Jacob Rogers jrogers@wikimedia.org wrote:
Hi all,
I want to share a few thoughts on the paid editing issue. First of
all,
we
do have the ability to enforce our terms of use. If there are cases
where
you're encountering a severe problem with paid editing and community efforts are not able to solve it, please get in touch with us via legal@wikimedia.org and we can discuss how we can provide support depending on the details of the case. With apologies, I'm not able to discuss details of any specific cases here because we don't want to reveal information about ongoing or future investigations or legal actions.
In general, I do want to say a few words about the role of legal tools
in
these kinds of cases. Legal actions are a blunt instrument: courts use
the
same solutions to every problem, and have not kept up with the speed
of
modern technology. So we are interested in helping to improve
community
systems and technological tools (like tools to help admins investigate
and
block problematic users) that can make it so that legal action isn't necessary in many cases.
I also want to note that we've been working on a longer statement outlining some of our thoughts about our role in dealing with paid editing
concerns
and some ways the communities can effectively approach these issues as well. We plan to post this on-wiki soon.
Lastly, let me say thank you to all the community members who help out with these issues. We really appreciate everyone who reports cases to us
and
helps us take action where we are able, such as reporting some job postings on third-party sites.
Best, Jacob Rogers
--
Jacob Rogers Legal Counsel Wikimedia Foundation
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please
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