Etoy: 'This Means War'
by Jill Priluck
3:00 a.m. 21.Dec.1999 PST
Representatives for the international art group etoy appeared publicly for the first time in the United States on Monday to declare their intention to continue fighting for the domain name "etoy."
Surrounded by a dozen or so Santas and a thunderous marching band at the Museum of Modern Art, etoy representatives and their supporters rallied against eToys and, at times, against the Web's increasingly commercial face.
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"[A]n e-business giant is restricting the very existence of an art company.... This case merely demonstrates who has the right to conduct business, operate, express themselves, and exist in cyberspace," said Suzanne Meszoly, director of etoy's advisory board.
She added that etoy "simply wants to exist as [it did] before as a meaningful and creative art project."
"You cannot steal an artist's identity. Etoy is not eToys," preached the Reverend Billy outside the museum's entrance where members of the crowd carried signs reading "Coal for eToys" and "eToys Ate My Elves".
"But, ladies and gentlemen, now they are being taken over by a corporate juggernaut of lawyers. Etoy will be free. Etoy will keep its own identity."
Protestors grew quiet on the way inside after museum security officials asked band members not to play until they reached the downstairs theater. A crucifixion of Mickey Mouse made of metal studs got as far as the museum's coat check.
Among the speakers in the Roy and Niuta Titus Theater were National Public Radio commentator and etoy advisor board member Douglas Rushkoff; a masked "digital zapatista" member of Electronic Disturbance Theater, the developers of virtual sit-in software; iVillage consumer buyer columnist Heidi Pollock; Joshua Davis of online artists hell.com; and Mark Tribe, director of Rhizome. Opening act Reverend Billy equated his "abusive daddy" with eToys.
"Because eToys does 'real' business, meaning they serve as a store through which investment dollars may be accumulated, the court and Internic have decided to support their interests," Rushkoff said. "In 1999, commerce takes precedence and an artist can be booted offline, illegitimately, illogically, and illegally."
Also appearing at the event was Jack Ox, a New York-based editorial advisor for Leonardo, a scholarly review published by MIT Press now facing a similar suit to the one challenging etoy.
Transasia Corporation has filed suit in Nanterre, France, against Association Leonardo, the non-profit arts organization that produces the journal, for trademark infringement. The company is claiming more than US$1 million in damages in lost revenue.
"Etoy is being screwed," said Bob, a technology sector worker from Connecticut who refused to give his last name. "It's like saying I can't call myself Bob because there's someone else is calling himself Bob -- and no one else can call himself Bob either."
Next week, etoy is scheduled to appear before the Los Angeles Superior Court judge who ordered a preliminary injunction to stop etoy from using the domain name "etoy.com" and selling etoy "shares." The toy retailer argued that the international art group's Web address was confusing potential customers.
The art group registered its domain name in 1995 while toy retailer eToys registered the domain name "etoys.com" in 1997. EToys also owns the trademark protection. Network Solutions, which maintains the master list of domain names, has blocked email service to etoy.com even though this was not mandated by the court order.
While etoy has adhered to a request to provide documentation on the matter, Meszoly said that she is unsure whether etoy will appear before the court in person.
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