Rich Fiscus
3 Aug 2010 14:55
Wikipedia lawyer Mike Godwin recently sent a letter to FBI Deputy Director David Larson rejecting a demand that the community authored online encyclopedia remove an image of the FBI seal from their article on the agency.
You may already know of Mike Godwin from the many internet references to Godwin's Law, which states, "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one."
Responding to an earlier letter from Deputy Director Larson, Godwin took him to task for using "creative editing" of US law as proof of authority over use of the seal.
The portion of the US Code in question, 18 USC Section 701, makes it a crime to manufacture, sell or possess a badge, identification card or other insignia used to denote an official representative of a US government agency.
Godwin noted that the statutory language, "badge, identification card, or other insignia" was altered to simply read, "insignia" in Larson's letter.
He went on to explain, "You will note that the phrase “or other” precedes the word “insignia”, both of which follow the enumerated items “badges” and “identification cards.” This constrains the definition of insignia to those objects which are similar in nature to badges and identification cards. This definition comports with case law interpreting 701."
He also pointed out that the FBI seal is displayed on many other websites, including that of Encyclopedia Brittanica.
He concluded the letter saying, "[Wikipedia and Wikimedia Commons] are in contact with outside counsel in this matter, and we are prepared to argue our view in court."