[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-14 Thread Chris Babcock
On Thu, 13 Aug 2009 08:13:12 -0700 (PDT) Mike Langford wrote: > Twitter will also have to inform other existing clients, like > Twiterific and TwitterBerry, to cease and desist as well if it hopes > for a success application. I'm not sure the situation is that set in stone. If Twitter wants an

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread jim.renkel
IANAL, but I don't think all is doom and gloom, or at least not as doomy and goomy as previous posts to this thread (Including one of mine, if it is not read as tongue-in-cheek, as intended) portray. Yes, if you have a trademark, you have to aggressively defend it or risk losing it. No, completel

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread JDG
did you really expect them to allow something that clearly violated their TOS to use the Twitter name? There are plenty of apps out there that add Real Value(TM) to Twitter's community. On Thu, Aug 13, 2009 at 13:05, Dale Merritt wrote: > You're right, they could decide to grant you the right to

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Dale Merritt
You're right, they could decide to grant you the right to use it. Good luck with that. Keep building up that brand then and cross your fingers. Sounds like a sound assumption. On Thu, Aug 13, 2009 at 11:43 AM, Nick Arnett wrote: > > > On Thu, Aug 13, 2009 at 9:20 AM, Dale Merritt wrote: >

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Nick Arnett
On Thu, Aug 13, 2009 at 9:20 AM, Dale Merritt wrote: > Don't waste your time. If you have Twitter in your domain name, you could > be put out of business if you don't cease and desist. I've seen it first > hand. They bury you in a law suit, wrong or right is not the point. These > companies ha

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Dale Merritt
Don't waste your time. If you have Twitter in your domain name, you could be put out of business if you don't cease and desist. I've seen it first hand. They bury you in a law suit, wrong or right is not the point. These companies have a huge lawyer group and bat you around for fun. My suggesti

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Dewald Pretorius
On Aug 13, 12:13 pm, Mike Langford wrote: > Should be fun to watch. Except for those who have worked very hard for many months to build up services with "twitter" in the domain name. Dewald

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Mike Langford
In short, Twitter has filed a trademark application and in doing so they must attempt to defend the name if they hope to be awarded trademark protection. Twitter allowed its original application to lapse and refiled on April 29, 2009. http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:eq5aoa.2

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Andrew Badera
Spam is anything in your inbox caused by a third party and not desired by you. Period. Get over the semantics already. If it were possible to opt-out of "all bambibot, SEObot and other spambot accounts" on Twitter, then sure, getting bot follow notifications in your inbox would NOT be spam. Unfort

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Neil Ellis
+1 and well explained Chris, thanks. On 13 Aug 2009, at 08:38, Chris Babcock wrote: On Wed, 12 Aug 2009 11:50:24 -0700 (PDT) Dewald Pretorius wrote: It may be an irritation and it may cost you money, but it is NOT spam. You opted in to receive the notifications on your phone, and hence

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Dewald Pretorius
In the final analysis, I think we should express sympathy for the API team. They're great guys, and they are busting their butts to help us succeed. This action appears to be an example of where another part of the Twitter organization did something that makes their lives hell. Chin up, guys. I

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Chris Babcock
On Wed, 12 Aug 2009 11:50:24 -0700 (PDT) Dewald Pretorius wrote: > It may be an irritation and it may cost you money, but it is NOT spam. > > You opted in to receive the notifications on your phone, and hence it > is NOT spam. If you have an email account sent notices to your IMs when you hav

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-13 Thread Chris Babcock
On Wed, 12 Aug 2009 11:17:38 -0600 Bioscience News wrote: > All this stuff about following being equated to spamming is nonsense. First, the act of following someone usually generates a message. When you first join Twitter, it's exciting to get new followers and you look forward to those messa

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread citricsquid
I would give my legs to stop all those "Social media expert" types following me because I said something, it's god awful constantly having "Bob "I make $100,000 a day and you can too just sign up for this $500 product through my referral link" is now following you!" emails. uh, off topic.

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dossy Shiobara
On 8/12/09 6:14 PM, Robert Fishel wrote: My Twitter Butler falls into the nuclear missile category. I can think of no legitimate uses for wanting to follow 400 people who input any keyword. Then, you're not very creative or inspired. Read on ... You could make the case of a niche market, I

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Robert Fishel
Obligatory Wikipedia link: http://en.wikipedia.org/wiki/Ontology On Wed, Aug 12, 2009 at 7:14 PM, Neil Ellis wrote: > > Someone remind me again who was it that saw this record breaking thread > coming . :-) > > I think the only thing that hasn't been discussed is the very nature of life > it

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
Someone remind me again who was it that saw this record breaking thread coming . :-) I think the only thing that hasn't been discussed is the very nature of life itself :-) peace Neil On 12 Aug 2009, at 23:04, Gonzalo Larralde wrote: On Tue, Aug 11, 2009 at 11:48 PM, Dean Collins

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Gonzalo Larralde
On Tue, Aug 11, 2009 at 11:48 PM, Dean Collins wrote: > Any other developer being sued by Twitter today? "Basically it's a WINDOWS XP .net application, if you have a mac and you stupidly purchase this and it doesn't workgo bitch to Steve Jobs." [0] "If you buy this and it doesn't do what you

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Vincent Wright
David, It's called HUMOR. If your head hurts don't blame us - reduce the self-induced strain from trying to live a humorless life and you'll be ok. Untwist your bonnet a bit and relax - - - As a reminder: Labeling an indiscriminate group of people stupid is a stupid way to try to establish your

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Robert Fishel
Just because in all cases you can't define premeditated murder doesn't mean that premeditated murder isn't universally wrong. "One person considers being followed by someone they don't want to be followed by to be spam. Others don't." Very true, however when you ask that same person if being fo

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Jeremy Darling
You completely missed the point of my post. It is a simple call to ethical analysis of the situation. Deeming different situations with similar outcomes (mass following or unwanted solicitation) I asked for simple justification of the community at large. In fact had I left out Deans name it coul

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread mcfnord
This incident bounced around in my head today. I think Twitter does not like the essential nature of this application, to contact members of its userbase. I would like to know what users of the premium Twitter Butler product included in their messages. I am designing a mass-contact model now, and

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread David Fisher
Jeremy, The problem with your logic is that you don't feel that a company can set a ToS for how they want users to use their service. They can. There are legitimate and non-legitimate uses of Twitter. This guy screwed up, and overreacted. Case closed. Twitter's got him on the naming issue and th

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
On 12 Aug 2009, at 21:50, Jeremy Darling wrote: PS: The app in #4 could easily be setup so that twitter users could mark an account as a possible spammer, once the account reaches a known threashold that account could then be auto-blocked. +1

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Jeremy Darling
Warning, atypical post to follow: After quite a while of watching this conversation, and some thought into the "problem", I wonder if the following scenarios are held in the same view: 1) Amy W (from HR Block you all know who I'm talking about) started using Twitter to gain insight into her compan

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
On Aug 12, 5:23 pm, Dossy Shiobara wrote: > In the end, I would hope that Twitter would create ways of punishing the > abusive users and not Twitter Karma. Amen. Should Home Depot be closed down because some people injure themselves with the hammers they buy there? Dewald

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dossy Shiobara
On 8/12/09 3:44 PM, Robert Fishel wrote: There are universal wrongs. Guns aren't on of them. Premeditated murder is. So is spam. Suppose you're right. Is it so very clear what premeditated murder is in all cases? How about spam? One person considers being followed by someone they don't wa

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dossy Shiobara
On 8/12/09 3:18 PM, Vincent Wright wrote: None of us actually know how this might turn out but, even recognizing that this could become an uncomfortable matter for MyTwitterButler and/or Twitter, I nonetheless, decided to ask the question regarding the 1942 movie Bambi: "Would Twitter Sue Bambi

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
Too good, very nice. On Aug 12, 2009, at 12:18 PM, Vincent Wright wrote: "Would Twitter Sue Bambi For Being Twitterpated? :-) ": http://mylinkingpowerforum.ning.com/group/twitterpated/forum/topics/would-twitter-sue-bambi-for -- Scott * If you contact me off list replace talklists@ with scott

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread David Fisher
@Vincent No. Do you not understand that Trademark infringements occur between things that could be mistaken for each other or in the same industry, diluting a brand? A Disney film from the 1940's has what to do with a 3rd part application for a 2006-present social network? There is a CLEAR conne

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Robert Fishel
No I don't see what you did there There are universal wrongs. Guns aren't on of them. Premeditated murder is. So is spam. Maybe I'm slow but what are you trying to get at? -Bob On Wed, Aug 12, 2009 at 2:32 PM, Dossy Shiobara wrote: > *SNIP* > Universal wrongs? > > YOU are WRONG. > > Guns d

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Vincent Wright
None of us actually know how this might turn out but, even recognizing that this could become an uncomfortable matter for MyTwitterButler and/or Twitter, I nonetheless, decided to ask the question regarding the 1942 movie Bambi: "Would Twitter Sue Bambi For Being Twitterpated? :-) ": http://mylink

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
On Aug 12, 2009, at 11:42 AM, Dewald Pretorius wrote: Personally I think that is a mutilation of the use and purpose of Twitter. I surely hope people would not judge me based on who is following me. I would not judge you. No, I never take it that far. However, consider if a politician was

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Note to self: Before painting, first pinpoint all the corners in the room.

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Adam Cloud
@Thread, They're not going to be able to force dean to transfer his domain to them. His domain name isn't confusing, as twitter.com as well established. He also has a legitimate claim to the domain, regardless of how legitimate the service that serves as that claim may be. Perhaps they should go i

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
I used to ass well, this does not work well when number grow. On Aug 12, 2009, at 11:54 AM, JDG wrote: sure they do. it's called "blocking". every time a pain in the ass porn bot or "social media expert" following 100x more people than follow them follows me, i block them. then they can't f

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
But let me immediately add, that is on a technical definition of spam. I am fully aware that most people would label as "spam" any DM that they do not like. On Aug 12, 4:03 pm, Dewald Pretorius wrote: > Adam, > > I know this is off the topic of the thread, but along the same vein, > this whole

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread owkaye
> > > I surely hope people would not judge > > > me based on who is following me. > > > > They won't unless they are stupid. After all, Twitter > > gives you no way to control who follows you, and most > > people understand this. > > sure they do. it's called "blocking". every time a pain > in th

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Adam, I know this is off the topic of the thread, but along the same vein, this whole notion that someone can spam one via DMs is absolutely bloody bullshit. By virtue of how Twitter works, when you follow someone, you grant that person permission to DM you. They can send you the biggest load of

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread David Fisher
Let's not get into a semantic argument of spam. Spam, noise, trash followers, whatever you want to call them. They are all annoying and not what Twitter or most users want in their service. I'm unsure if a company HAS to pursue every trademark infringement to hold their trademark. Otherwise you

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Adam Cloud
**sigh** Dewald, on a technicality, you're completely right. We did opt in. It was originally a convenience to opt int, so you knew you were being followed. However since the count of bots has increased, it's now an inconvenience to constantly get follow emails\texts from bots. Perhaps they could r

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread owkaye
> > Perhaps I'm being daft, but how can someone following > > you be "spam" or "wrong", regardless of whether it is > > manual or auto follow? > > It can be spam if you had your account sent to > auto-notify your phone or inbox when someone follows you. You're wrong. SPAM only exists when you do

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread JDG
sure they do. it's called "blocking". every time a pain in the ass porn bot or "social media expert" following 100x more people than follow them follows me, i block them. then they can't follow me. On Wed, Aug 12, 2009 at 12:51, owkaye wrote: > > > I surely hope people would not judge > > me bas

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread owkaye
> I surely hope people would not judge > me based on who is following me. They won't unless they are stupid. After all, Twitter gives you no way to control who follows you, and most people understand this. > Followers do no, zero, nada harm. > Just let them be. Agreed. Owkaye

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Adam, It may be an irritation and it may cost you money, but it is NOT spam. You opted in to receive the notifications on your phone, and hence it is NOT spam. Dewald On Aug 12, 3:46 pm, Adam Cloud wrote: > It can be spam if you had your account sent to auto-notify your phone or > inbox when

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Adam Cloud
On Wed, Aug 12, 2009 at 11:07 AM, Dewald Pretorius wrote: > > Perhaps I'm being daft, but how can someone following you be "spam" or > "wrong", regardless of whether it is manual or auto follow? > It can be spam if you had your account sent to auto-notify your phone or inbox when someone follow

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Scott, Personally I think that is a mutilation of the use and purpose of Twitter. I surely hope people would not judge me based on who is following me. The only way one can maintain a "clean" list of people who follow you is to block those whom you don't want as followers. It is going to cause t

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dossy Shiobara
On 8/12/09 12:50 PM, Bob Fishel wrote: As another extreme example: Datamining Myspace (if it's possible I've never worked with it) for 12 year olds names and addresses etc... COULD have a purposeful use in advertising but if your $12 product is being used by 99% of people to find children to att

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
Others use your following and follower list as a way to bridge new connections to interesting people. If I am interested in Person X, I can look at who is following him, and know that others are probably of like minds. I can dig into their list of followers and following, and build deepe

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread avail4one
On Wed, Aug 12, 2009 at 11:21 AM, Scott Haneda wrote: > > I am not a lawyer, but everything I have read about this makes the below > impossible. If you have a trademark on a name, you MUST protect it. > Failure to protect it, results in loss of the mark. > > The quote below, clearly states that

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
I am not a lawyer, but everything I have read about this makes the below impossible. If you have a trademark on a name, you MUST protect it. Failure to protect it, results in loss of the mark. The quote below, clearly states that Twitter is not going to protect this mark. That being th

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
I was always under the impression trademarks came down to a reasonable expectation that users could be confused as to which was the original name. In the example of the "Edge" iPhone game, he was called out against using Edge as a name since there was a shady software development house th

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Zac Bowling
> > Apparently you fail to recall the "MikeRoweSoft.com" case. > The deal with MikeRoweSoft is a different issue then this one. Mike Rowe was perfectly fine in his use. However when Microsoft sent him a C&D and said they would pay $100 (IIRC) for his domain. His mistake was saying "yah, maybe fo

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
The second you can play drinking games based on how many times a company is mentioned on local news; I think that companies ability to be "clear and unambiguous" becomes as hard as not getting hammered in 5 minutes of watching the news. -- Scott Iphone says hello. On Aug 12, 2009, at 6:0

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
I don't know how we get to the point of "meaningful" auto following. That seems hard to define. If I post a tweet mentioning "photography" I get 5-10 new followers in a few minutes. Use the word "cock" or "pussy" and the auto follow rate is higher. Hash tags are vulnerable here as well.

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Zac Bowling
> > Apparently you fail to recall the "MikeRoweSoft.com" case. > The deal with MikeRoweSoft is a different issue then this one. Mike Rowe was perfectly fine in his use. However when Microsoft sent him a C&D and said they would pay $ Zac Bowling

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
Good morning Abraham ;-) On 12 Aug 2009, at 18:20, Abraham Williams wrote: Me :( 2009/8/12 Neil Ellis I pity the fool who wakes up to this thread in the morning :-) -- Abraham Williams | Community Evangelist | http://web608.org Hacker | http://abrah.am | http://twitter.com/abraham Project

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Abraham Williams
Me :( 2009/8/12 Neil Ellis > I pity the fool who wakes up to this thread in the morning :-) > -- Abraham Williams | Community Evangelist | http://web608.org Hacker | http://abrah.am | http://twitter.com/abraham Project | http://fireeagle.labs.poseurtech.com This email is: [ ] blogable [x] as

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
All this stuff about following being equated to spamming is nonsense. really, glad you cleared that up ;-)

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Bioscience News
I guess I would also add and remind people that when a new user creates an account, the first thing Twitter does is produce a list of a bunch of people this person may or may not know and ask them if they want to follow them. Following people you don't know is part of the DNA of Twitter and part of

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
Dewald Honest question honest answer If someone follows me, I'd like to find out about them and see if I'd like to follow them, I'd like to consider becoming friends with this person. How can I do that if 80% of my follows are Real Estate Agents. It wastes my time, it's annoying an

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Scott Haneda
It may get even harder and open the door to an already hot topic with T.W.I.T. (The Week In Tech) which is a show by Leo Laporte. I believe this show pre-dates the use of twit, and nay pre-date Twitter. I seem to recall at some point Leo Laporte would not even use Twitter as a result of

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Bob, Perhaps I'm being daft, but how can someone following you be "spam" or "wrong", regardless of whether it is manual or auto follow? If you don't follow them, you don't see their tweets, and they cannot DM you. In other words, what does it matter if 50,000 undesirable accounts follow you, ex

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Bob Fishel
Oh come on, you're just being disingenous now. "First they came for the pedophiles" "First they came for the muderers" Today's society is to worried about offending someone to acknowledge the fact that YES there are univseral rights and universal wrongs. That is not to say that there isn't a diff

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
I believe that threatening with legal action was the secondary choice for Twitter. The first choice would have been simply blackholing the IP address of Dean's application. However, that's impossible because it's a .Net app that makes calls from each user's IP address, much like Tweetie and Tweet

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
"First they came for the Spammers and I didn’t speak up, because I wasn’t a Spammer." Oh really, spammers being banned equated to the Holocuast, perspective required. On Aug 12, 10:55 am, Duane Roelands wrote: Are any of these developers -selling- their products? You are. Are any of

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Charles
Has nothing to do with anything. Enforce your trademark evenly or don't enforce it at all. Selective enforcement is not allowed. On Aug 12, 10:57 am, Rich wrote: > and I'm certain the reason for adding the Twitter name violation in > there in addition to all the others is that they don't want

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Charles
I love how in this discussion people keep trying to bring emotion and personal beliefs into a legal context. So he made a tool for spammers. What does that have to do with anything? "First they came for the Spammers and I didn’t speak up, because I wasn’t a Spammer." There are two LEGAL issues

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
I pity the fool who wakes up to this thread in the morning :-)

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Goblin
Here's a thought, if Twitter has allowed a specific site to have their application name added to the "posted from" list, is that tacit permission to use the name? They've been happy to show messages as posted from Twitteriffic, which uses their name and, it could be argued, have explicitly allowed

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dossy Shiobara
On 8/12/09 10:14 AM, Dean Collins wrote: So has anyone heard from or know any of the other developers? Did they also get an email last night? IANAL, but, I think the horse has already left the barn for Twitter. Unless someone is building a short-message service called "Twitter" it's hard to

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
ednesday, August 12, 2009 10:52 AM To: twitter-development-talk@googlegroups.com Subject: [twitter-dev] Re: FW: Twitter is Suing me!!! Seriously Dean I'm afraid that your application (like a mass mailer) is the kind of the thing that spammers use to fill up our followers list with a bunch of

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dean Collins
m] On Behalf Of Neil Ellis Sent: Wednesday, August 12, 2009 10:52 AM To: twitter-development-talk@googlegroups.com Subject: [twitter-dev] Re: FW: Twitter is Suing me!!! Seriously Dean I'm afraid that your application (like a mass mailer) is the kind of the thing that spammers use to fill up

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Rich
and I'm certain the reason for adding the Twitter name violation in there in addition to all the others is that they don't want their name associated with, what is effectively a Web 2.0 spamming operation. On Aug 12, 3:55 pm, Duane Roelands wrote: > Are any of these developers -selling- their pr

Auto-following (WAS: [twitter-dev] Re: FW: Twitter is Suing me!!!)

2009-08-12 Thread Chris Babcock
On Wed, 12 Aug 2009 05:17:27 -0700 Dale Merritt wrote: > What is Twitters real stance on auto following? In there API they > prohibit "mass following" so what does that mean exactly. More than > 1, 100? In my app, I had planned on integrating some meaniful auto > following I'm sure that some

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Duane Roelands
Are any of these developers -selling- their products? You are. Are any of these developers violating the Terms of Service? You are. Just because another website has "Twitter" in the name doesn't make their situation the same as yours. You made a tool for spammers. You get caught. Get over it

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Neil Ellis
-dial). +44-20-3129-6001 (London in-dial). From: twitter-development-talk@googlegroups.com [mailto:twitter-development-talk@googlegroups.com ] On Behalf Of Jeremy Darling Sent: Wednesday, August 12, 2009 10:12 AM To: twitter-development-talk@googlegroups.com Subject: [twitter-dev] Re: FW: Twitter

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Now, with that kind of clause in a Developer TOS, would it mean applications will need to actively prevent users from violating Twitter TOS? For example, would Tweetie and TweetDeck then be in violation if they did not prevent users from: a) Publishing the same tweet text more than once in short

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dean Collins
development-t...@googlegroups.com] On Behalf Of Jeremy Darling Sent: Wednesday, August 12, 2009 10:12 AM To: twitter-development-talk@googlegroups.com Subject: [twitter-dev] Re: FW: Twitter is Suing me!!! Actually, I recall it perfectly well. MS threatened action against Mike Roe (a Canadian s

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Jeremy Darling
Actually, I recall it perfectly well. MS threatened action against Mike Roe (a Canadian student as I recall) for his development company. The case was settled OUT OF COURT, with MS basically having to purchase his domain. The same could be applied to this product where Twitter can not demand the

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Andrew Badera
On Wed, Aug 12, 2009 at 10:08 AM, Bill Kocik wrote: > > > > On Aug 12, 9:07 am, Duane Roelands wrote: > >> It doesn't matter who else >> is doing it. > > Well, actually, it does matter. That's the thing about trademarks - > you are obligated to defend them across the board, or you lose them. > Yo

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Bill Kocik
On Aug 12, 9:07 am, Duane Roelands wrote: > It doesn't matter who else > is doing it. Well, actually, it does matter. That's the thing about trademarks - you are obligated to defend them across the board, or you lose them. You can't selectively defend them by allowing people (or applications,

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Rich
As I've already said above, quoted from Twitter, they are doing it to protect their brand but are not interested in stopping people using Tweet, in fact they are actively encouraging it! On Aug 12, 1:53 pm, Dale Merritt wrote: > The trademark app for "Tweet" could be disputed. There is a window

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Andrew Badera
On Wed, Aug 12, 2009 at 9:43 AM, Dewald Pretorius wrote: > > Just thinking, I cannot recall ever having seen in the Twitter TOS > where it says that it is a violation of their TOS to assist or enable > others to violate their TOS. It is probably just an oversight, and > it's something that should

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Just thinking, I cannot recall ever having seen in the Twitter TOS where it says that it is a violation of their TOS to assist or enable others to violate their TOS. It is probably just an oversight, and it's something that should be in a Developer TOS. But, even if they did that, they would be p

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread David Fisher
The OP should have first gotten a lawyer to look over it, instead of freaking out hysterically here. He's not being sued. Twitter does own the name Twitter and can selectively choose to sue/C&D (or not sue) anyone they like who infringes on it. You defense being "other people have registered the

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Andrew Badera
On Wed, Aug 12, 2009 at 9:29 AM, Dewald Pretorius wrote: > > Andy, > > One would hope that a judge would not even hear a case that said, > "Defendent violated terms that he had no way of knowing exactly when > and how he violated those terms." > > Suspending accounts based on what is a nebulous co

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Andy, One would hope that a judge would not even hear a case that said, "Defendent violated terms that he had no way of knowing exactly when and how he violated those terms." Suspending accounts based on what is a nebulous concept to the public is one thing. Even though it may not be good PR, it

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Larry Wright
> > > > I'm not expressing an opinion on this one way or the other, but what a > lot of people don't realize about US trademark law is this: Twitter > doesn't have a choice in this matter. They are *required* to actively > defend their trademark, or they will lose it. This is how the law > works, a

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Bill Kocik
On Aug 12, 12:27 am, Jeremy Darling wrote: > Seems lil twitter grew up and found lawyers.  While I don't agree or like > the product that Dean sells, I dis-agree more with the misuse of legal > representation by a corporation even more.  I remember when MS started this > everyone threw stones

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Duane Roelands
You're not being sued. That's a cease-and-desist letter. You're violating Twitter's trademark by selling a product with "Twitter" in the name. The legal precedents for this are ironclad. You can't do it. You're violating Twitters terms of service by offering a program that auto-follows thousan

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Andrew Badera
On Wed, Aug 12, 2009 at 9:04 AM, Dewald Pretorius wrote: > > Logically, isn't it necessary that a clear and unambiguous definition > of "aggressive following" to be publicly available before any legal > action can be based on it? > > Just asking. > > Dewald > The decision in any legal action woul

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread JDG
As has been stated ad nauseum, Twitter would have a very hard time initiating legal proceedings simply because you violated the TOS. They could suspend your account, sure, but they're a private company. They could suspend your account because they didn't like the color of your shirt. On Wed, Aug 1

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dewald Pretorius
Logically, isn't it necessary that a clear and unambiguous definition of "aggressive following" to be publicly available before any legal action can be based on it? Just asking. Dewald

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dale Merritt
The trademark app for "Tweet" could be disputed. There is a window of time in the trademark office proceedings that you can do this. I think its 60 days after the mark has been approved for publication, prior to the official registration is approved. Any app w/ Tweet in their name might band toge

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Vision Jinx
FYI - mashable.com just posted a story on this here http://mashable.com/2009/08/12/twitter-not-suing-developer/ Interesting to know that if Twitter gets the trademark for "Tweet" also what about the apps and businesses that have been using it before the claim like TweetDeck etc etc? Seems they wo

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Dale Merritt
What is Twitters real stance on auto following? In there API they prohibit "mass following" so what does that mean exactly. More than 1, 100? In my app, I had planned on integrating some meaniful auto following Dale On Wed, Aug 12, 2009 at 4:55 AM, Goblin wrote: > > The question is, are they g

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Goblin
The question is, are they going to be going after Twitteriffic, Twitterholic, Twitpic, Twitvid, Twittelator, Twitterena, Twitterfon, iTwitter etc? I admit that I was fair game having the blue birds in the backdrop (as I say, it was a stupid project that got traction and the new version is live no

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Andrew Badera
On Wed, Aug 12, 2009 at 5:52 AM, Rich wrote: > > I'm not aware of this but this link > http://blog.twitter.com/2009/07/may-tweets-be-with-you.html, > published only last month says > > "We have applied to trademark Tweet because it is clearly attached to > Twitter from a brand perspective but we

[twitter-dev] Re: FW: Twitter is Suing me!!!

2009-08-12 Thread Rich
I'm not aware of this but this link http://blog.twitter.com/2009/07/may-tweets-be-with-you.html, published only last month says "We have applied to trademark Tweet because it is clearly attached to Twitter from a brand perspective but we have no intention of "going after" the wonderful applicati

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