COLA VS. ETSY: COLA'S LUIGI HAT IS "INHERENTLY VIOLENT," ETSY'S MUSSOLINI HAT IS TOTALLY FINE

This post was originally published as a Cola email. It gave subscribers first dibs on the Luigi hat, which sold out in two hours.You can subscribe to the email list here: https://bit.ly/cola-email

You can buy a lot of stuff on Etsy. Mussolini hats (complete with fasces); Jeffrey Dahmer cutting boards; Pinochet action figures; Charles Manson t-shirts—all up for sale. None of these items, apparently, violate Etsy’s prohibition against “… items that are … attributed to perpetrators of violence.” So, a fez advertised as “Mussolini hat” is not attributed to a perpetuator of violence. But! You know what apparently is?A tie-dyed baseball cap that includes the letter L. This week, Etsy banned my Luigi cap from their platform. The company also sent me a dire warning that one more infraction will result in my shop being closed for good.

I originally set up my Etsy store because Etsy has, on paper, a strong DMCA policy. I intended it as a safe house for some of my more … newsworthy … pieces. I did this in response to reports that someone claiming to act on behalf of UnitedHealthcare has been sending bogus DMCA copyright takedown letters to artists whose work depicts Luigi Mangione and / or the phrase “Deny, Defend, Depose.” But if Etsy proactively bans items with those depictions, a strong DMCA policy means nothing.

And to be very clear: UHC has no copyright claim whatsoever to the likeness of Luigi Mangione, any more than JFK’s family owns the likeness of Lee Harvey Oswald. Speaking of whom:

I sent Etsy three emails asking, repeatedly, for clarification on their apparent tolerance of fascist merchandise. I also asked them to explain how the letter L is inherently violent—an explanation, I pointed out, that would interest linguists worldwide. At each turn, Etsy deflected. First they sent me a copypasta of FAQs. Then they cited their policy that all items must be handmade by the seller (spare me; the place is a haven for dropshippers and junk sellers). Finally, a supervisor asked for my bank-account number in order to continue the conversation. Anyway. Fuck Etsy. It’s all systems go for the original Cola shop.