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	<title>Comments on: Trademarks vs Copyrights vs Patents</title>
	<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents</link>
	<description>Digital Lifestyle Aggregation - helping to establish open source infrastructure</description>
	<pubDate>Fri, 16 May 2008 05:54:31 +0000</pubDate>
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		<title>By: guilbert</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-50227</link>
		<author>guilbert</author>
		<pubDate>Tue, 20 Jun 2006 20:31:38 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-50227</guid>
		<description>I love this site. Good work...</description>
		<content:encoded><![CDATA[<p>I love this site. Good work&#8230;</p>
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		<title>By: ernestine</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-48050</link>
		<author>ernestine</author>
		<pubDate>Tue, 13 Jun 2006 23:29:11 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-48050</guid>
		<description>looking for information and found it at this great site.</description>
		<content:encoded><![CDATA[<p>looking for information and found it at this great site.</p>
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		<title>By: itnorthwest.org &#187; FooCamp in Cork</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42835</link>
		<author>itnorthwest.org &#187; FooCamp in Cork</author>
		<pubDate>Tue, 30 May 2006 08:30:49 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42835</guid>
		<description>[...] Maybe&#8230; The whole blogosphere is focussed on our friends at ITCork down in the Republic of Cork, who have caused a bit of stir in the online world. [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Maybe&#8230; The whole blogosphere is focussed on our friends at ITCork down in the Republic of Cork, who have caused a bit of stir in the online world. [&#8230;]</p>
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		<title>By: Marc&#8217;s Voice &#187; Blog Archive &#187; Final post on O&#8217;Reilly and trademarks</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42828</link>
		<author>Marc&#8217;s Voice &#187; Blog Archive &#187; Final post on O&#8217;Reilly and trademarks</author>
		<pubDate>Tue, 30 May 2006 07:07:14 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42828</guid>
		<description>[...] The obligatory NYTImes article has appeared, Ian Betteridge is still arguing how rightful O&#8217;Reilly is, FactoryJoe (Chris Messina) let it rip and made it clear where he stands as he states &#8216;BarCamp is a community mark&#8217;. [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] The obligatory NYTImes article has appeared, Ian Betteridge is still arguing how rightful O&#8217;Reilly is, FactoryJoe (Chris Messina) let it rip and made it clear where he stands as he states &#8216;BarCamp is a community mark&#8217;. [&#8230;]</p>
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		<title>By: Why BarCamp is a Community Mark at FactoryCity</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42808</link>
		<author>Why BarCamp is a Community Mark at FactoryCity</author>
		<pubDate>Tue, 30 May 2006 02:14:47 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42808</guid>
		<description>[...] Here&#8217;s what I have to say, because Cory let me down and Marc is one of the fews folks making much &#8220;Policy &#38; Law 2.0&#8243; sense about this whole thing. [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Here&#8217;s what I have to say, because Cory let me down and Marc is one of the fews folks making much &#8220;Policy &amp; Law 2.0&#8243; sense about this whole thing. [&#8230;]</p>
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		<title>By: Ian Betteridge</title>
		<link>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42785</link>
		<author>Ian Betteridge</author>
		<pubDate>Mon, 29 May 2006 22:21:00 +0000</pubDate>
		<guid>http://blog.broadbandmechanics.com/2006/05/trademarks-vs-copyrights-vs-patents#comment-42785</guid>
		<description>Marc, are you seriously arguing that you *should* be able to put "Coca-Cola" on a bottle and sell it? Because that's what it looks like you're arguing for. 

"And I have come up with names and concepts - which were trademarked - so I couldn’t use them."

I don't know whether you sought legal advice on this, because if you did I'd ask for your money back. Concepts cannot be trademarked. 

"Lets go back to your ‘London con’ example.  If the folks in London put on a shitty conference - which was called Web 2.0 something, then that doesn’t reflect badly on the term Web 2.0..."

I deliberately said "Web 2.0 Conference" for a reason, Marc. it doesn't mean shit as regards "Web 2.0" as a concept, just as a duff Macworld doesn't mean shit as regards Macs. But I digress...

"As we’ve seen over and over again - shows like COMDEX, Demo, Agenda, TED, Syndicate, Digital Identitiy World, etc. have all been changing hands, management and structure recently.  Conference attendes have to decide - almost on a yearly basis - which show is what, how well its put on and if its worth attending."

And imagine how much more difficult that choice becomes if anyone, anywhere, can put on a Comdex or Macworld or TED with no permission from the original organisers and no connection with them. It's as if I suddenly decided to start posting comments on other people's blogs from "Marc Canter" that made "Marc Canter" look like an idiot. 

"The term Web 2.0 is built on the backs of 1,000’s of entreprenuers who are creating it - as we speak.  Web 2.0 means “we’re all working together this time, instead of the VCs driving us all towards an IPO!”  So unless its not clear - THAT’s what we’re all complaining about - the nerve of O’Reilly to actually claim that they own the term."

And again, I say O'Reilly is making no such claim. It IS making a claim over the term "Web 2.0 Conference", which is a brand that O'Reilly/CMP has worked on building. Now you can argue that the term "Web 2.0 Conference" is too generic, but that's another argument - and not one that I can see you're actually making much.

As a digression, I don't think your phrase “we’re all working together this time, instead of the VCs driving us all towards an IPO!” captures the essence of Web 2.0. I think it's more like "We're all working together this time, until we get bought out by Google". But that's because I'm cynical about things. 

"That’s what we’re complaining about.  They don’t own the term - regardless of what trademark application was filed and what Dale Dougherty thinks he thought up."

And again, I'll state the point that you're persistently ignoring in favour of heading off on a rant: O'Reilly does not "own the term" Web 2.0. It owns the conference name, and it will seek to protect it. It isn't seeking to own Web 2.0 as a concept - and there's no legal framework under which it could do so (it's too nebulous to patent, and there's no particular code to copyright). 

"You state “O’Reilly/CMP have spent time and money building up the good name of the “Web 2.0 Conference” - well excuse me that’s not the case.  Michael Arrington, Matt Mullenweg, Dan Farber, Mary Hodder, Dave Winer, Doc Searls, Phil Windley, Andy Baio, Robert Scoble, Kaliya Hamlin, Jeff Jarvis, Brian Dear, Steve Rubel, Tom Coates, Arnaud Leene, Seb Paquet, Alf Eaton, me - 1,000’s have spent the time and energy building up that term - not JUST O’Reilly.  To say different insults us."

Marc, I'm sorry, but I was unaware of the fact that all those people have in the past organised Web 2.0 Conference. I didn't know that Doc Searls had booked venues, that Steve Rubel had arranged speakers, and that Robert Scoble had set up the booking system for attendees.

Oh, you mean they didn't? 

If what you're actually saying is that all of those people have worked to create the buzz around the phrase "Web 2.0" then that's true. But it no more makes them responsible for the success of the Web 2.0 Conference than someone working at Apple is responsible for the success of Macworld. 

"Why don’t you just admit the truth - that O’Reilly scammed us, that O’Reilly is in the business of coining terms, standing up on stage and pontificating about the term and then monetizing the term. Plain and simple."

I have no idea what business O'Reilly is in. Neither have I ever had any communication with Tim O'Reilly, or any dealings with the company. I don't think I've ever even bought one of their books. You, on the other hand, are pretty clear that you're coming to the defence of a friend - and there's something admirable in that. But you're avoiding the issue, again and again, that's at the heart of this: do you believe that trademarks are right, or do you believe that anyone should be able to make any old shit in a bottle and call it Coca-Cola?</description>
		<content:encoded><![CDATA[<p>Marc, are you seriously arguing that you *should* be able to put &#8220;Coca-Cola&#8221; on a bottle and sell it? Because that&#8217;s what it looks like you&#8217;re arguing for. </p>
<p>&#8220;And I have come up with names and concepts - which were trademarked - so I couldn’t use them.&#8221;</p>
<p>I don&#8217;t know whether you sought legal advice on this, because if you did I&#8217;d ask for your money back. Concepts cannot be trademarked. </p>
<p>&#8220;Lets go back to your ‘London con’ example.  If the folks in London put on a shitty conference - which was called Web 2.0 something, then that doesn’t reflect badly on the term Web 2.0&#8230;&#8221;</p>
<p>I deliberately said &#8220;Web 2.0 Conference&#8221; for a reason, Marc. it doesn&#8217;t mean shit as regards &#8220;Web 2.0&#8243; as a concept, just as a duff Macworld doesn&#8217;t mean shit as regards Macs. But I digress&#8230;</p>
<p>&#8220;As we’ve seen over and over again - shows like COMDEX, Demo, Agenda, TED, Syndicate, Digital Identitiy World, etc. have all been changing hands, management and structure recently.  Conference attendes have to decide - almost on a yearly basis - which show is what, how well its put on and if its worth attending.&#8221;</p>
<p>And imagine how much more difficult that choice becomes if anyone, anywhere, can put on a Comdex or Macworld or TED with no permission from the original organisers and no connection with them. It&#8217;s as if I suddenly decided to start posting comments on other people&#8217;s blogs from &#8220;Marc Canter&#8221; that made &#8220;Marc Canter&#8221; look like an idiot. </p>
<p>&#8220;The term Web 2.0 is built on the backs of 1,000’s of entreprenuers who are creating it - as we speak.  Web 2.0 means “we’re all working together this time, instead of the VCs driving us all towards an IPO!”  So unless its not clear - THAT’s what we’re all complaining about - the nerve of O’Reilly to actually claim that they own the term.&#8221;</p>
<p>And again, I say O&#8217;Reilly is making no such claim. It IS making a claim over the term &#8220;Web 2.0 Conference&#8221;, which is a brand that O&#8217;Reilly/CMP has worked on building. Now you can argue that the term &#8220;Web 2.0 Conference&#8221; is too generic, but that&#8217;s another argument - and not one that I can see you&#8217;re actually making much.</p>
<p>As a digression, I don&#8217;t think your phrase “we’re all working together this time, instead of the VCs driving us all towards an IPO!” captures the essence of Web 2.0. I think it&#8217;s more like &#8220;We&#8217;re all working together this time, until we get bought out by Google&#8221;. But that&#8217;s because I&#8217;m cynical about things. </p>
<p>&#8220;That’s what we’re complaining about.  They don’t own the term - regardless of what trademark application was filed and what Dale Dougherty thinks he thought up.&#8221;</p>
<p>And again, I&#8217;ll state the point that you&#8217;re persistently ignoring in favour of heading off on a rant: O&#8217;Reilly does not &#8220;own the term&#8221; Web 2.0. It owns the conference name, and it will seek to protect it. It isn&#8217;t seeking to own Web 2.0 as a concept - and there&#8217;s no legal framework under which it could do so (it&#8217;s too nebulous to patent, and there&#8217;s no particular code to copyright). </p>
<p>&#8220;You state “O’Reilly/CMP have spent time and money building up the good name of the “Web 2.0 Conference” - well excuse me that’s not the case.  Michael Arrington, Matt Mullenweg, Dan Farber, Mary Hodder, Dave Winer, Doc Searls, Phil Windley, Andy Baio, Robert Scoble, Kaliya Hamlin, Jeff Jarvis, Brian Dear, Steve Rubel, Tom Coates, Arnaud Leene, Seb Paquet, Alf Eaton, me - 1,000’s have spent the time and energy building up that term - not JUST O’Reilly.  To say different insults us.&#8221;</p>
<p>Marc, I&#8217;m sorry, but I was unaware of the fact that all those people have in the past organised Web 2.0 Conference. I didn&#8217;t know that Doc Searls had booked venues, that Steve Rubel had arranged speakers, and that Robert Scoble had set up the booking system for attendees.</p>
<p>Oh, you mean they didn&#8217;t? </p>
<p>If what you&#8217;re actually saying is that all of those people have worked to create the buzz around the phrase &#8220;Web 2.0&#8243; then that&#8217;s true. But it no more makes them responsible for the success of the Web 2.0 Conference than someone working at Apple is responsible for the success of Macworld. </p>
<p>&#8220;Why don’t you just admit the truth - that O’Reilly scammed us, that O’Reilly is in the business of coining terms, standing up on stage and pontificating about the term and then monetizing the term. Plain and simple.&#8221;</p>
<p>I have no idea what business O&#8217;Reilly is in. Neither have I ever had any communication with Tim O&#8217;Reilly, or any dealings with the company. I don&#8217;t think I&#8217;ve ever even bought one of their books. You, on the other hand, are pretty clear that you&#8217;re coming to the defence of a friend - and there&#8217;s something admirable in that. But you&#8217;re avoiding the issue, again and again, that&#8217;s at the heart of this: do you believe that trademarks are right, or do you believe that anyone should be able to make any old shit in a bottle and call it Coca-Cola?</p>
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