[twitter-dev] Re: Question about Twitter use in library names

2010-01-14 Thread Rich
Tweet appears to have been answered here 
http://blog.twitter.com/2009/07/may-tweets-be-with-you.html

On Jan 13, 7:51 pm, DeWitt Clinton dclin...@gmail.com wrote:
 That's great news.  Thank you, Ryan.

 How about terms like tweet and retweet?  Or more generally, any word on
 the questions raised in the Question about licensing thread?

 http://groups.google.com/group/twitter-development-talk/browse_thread...

 In particular, it would be great to get clarification in writing on
 twitter.com -- not sure if your mail here is binding :) -- about the terms
 for acceptable trademark usage, copyright claims, and patent claims, for
 third party libraries and third party implementations of the Twitter API.

 I fully understand that these are difficult questions, and certainly
 appreciate the effort it takes to get all the legal concerns addressed.
  Thanks again for chasing these down!

 -DeWitt

 On Wed, Jan 13, 2010 at 10:48 AM, Ryan Sarver rsar...@twitter.com wrote:
  Duane,

  I've been able to follow up with our lawyers and they confirmed that it is
  ok to include Twitter in the name of libraries that developers build.
  Sorry it took so long to follow up, but I wanted to make sure we got a
  strong, final answer back before responding.

  Best, Ryan

  On Fri, Dec 4, 2009 at 1:39 PM, Duane Roelands 
  duane.roela...@gmail.comwrote:

  A question for the Twitter team:

  I'm the developer and maintainer of an open source library called
  TwitterVB.  Can I expect a nastygram from your lawyers at some
  point?  Or is there some way I can have the project vetted to avoid
  such a thing in the future?


Re: [twitter-dev] Re: Question about Twitter use in library names

2010-01-14 Thread DeWitt Clinton
Right, I agree that the public statements (both Biz's post and Ryan's
comment here) are all aligned with what we expected and asked for.  I'm
simply encouraging and hoping for the Terms to be updated to reflect that
position and remove the ambiguity for library, client, and service authors.
 Doubly important now that third parties are going so far as to implement
their own backends for the Twitter API itself, especially with respect to
patent and copyright (for the docs).

BTW, here is what the Terms (http://twitter.com/tos) currently read,
effective: September 18, 2009:

 All right, title, and interest in and to the Services (excluding Content
 provided by users) are and will remain the exclusive property of Twitter and
 its licensors. The Services are protected by copyright, trademark, and other
 laws of both the United States and foreign countries. Nothing in the Terms
 gives you a right to use the Twitter name or any of the Twitter trademarks,
 logos, domain names, and other distinctive brand features. Any feedback,
 comments, or suggestions you may provide regarding Twitter, or the Services
 is entirely voluntary and we will be free to use such feedback, comments or
 suggestions as we see fit and without any obligation to you.


Biz's post was written July, 2009, so if you just take it at face value, the
most recent Terms actually supersede his statement.  Again, I'm personally
reasonably confident that wasn't the intention, hence these ongoing threads
on the developer list.

-DeWitt

On Thu, Jan 14, 2010 at 3:43 AM, Rich rhyl...@gmail.com wrote:

 Tweet appears to have been answered here
 http://blog.twitter.com/2009/07/may-tweets-be-with-you.html

 On Jan 13, 7:51 pm, DeWitt Clinton dclin...@gmail.com wrote:
  That's great news.  Thank you, Ryan.
 
  How about terms like tweet and retweet?  Or more generally, any word
 on
  the questions raised in the Question about licensing thread?
 
  http://groups.google.com/group/twitter-development-talk/browse_thread...
 
  In particular, it would be great to get clarification in writing on
  twitter.com -- not sure if your mail here is binding :) -- about the
 terms
  for acceptable trademark usage, copyright claims, and patent claims, for
  third party libraries and third party implementations of the Twitter API.
 
  I fully understand that these are difficult questions, and certainly
  appreciate the effort it takes to get all the legal concerns addressed.
   Thanks again for chasing these down!
 
  -DeWitt
 
  On Wed, Jan 13, 2010 at 10:48 AM, Ryan Sarver rsar...@twitter.com
 wrote:
   Duane,
 
   I've been able to follow up with our lawyers and they confirmed that it
 is
   ok to include Twitter in the name of libraries that developers build.
   Sorry it took so long to follow up, but I wanted to make sure we got a
   strong, final answer back before responding.
 
   Best, Ryan
 
   On Fri, Dec 4, 2009 at 1:39 PM, Duane Roelands 
 duane.roela...@gmail.comwrote:
 
   A question for the Twitter team:
 
   I'm the developer and maintainer of an open source library called
   TwitterVB.  Can I expect a nastygram from your lawyers at some
   point?  Or is there some way I can have the project vetted to avoid
   such a thing in the future?



[twitter-dev] Re: Question about Twitter use in library names

2010-01-14 Thread M. Edward (Ed) Borasky
On Jan 14, 8:04 am, DeWitt Clinton dclin...@gmail.com wrote:
 BTW, here is what the Terms (http://twitter.com/tos) currently read,
 effective: September 18, 2009:

  All right, title, and interest in and to the Services (excluding Content
  provided by users) are and will remain the exclusive property of Twitter and
  its licensors. The Services are protected by copyright, trademark, and other
  laws of both the United States and foreign countries. Nothing in the Terms
  gives you a right to use the Twitter name or any of the Twitter trademarks,
  logos, domain names, and other distinctive brand features. Any feedback,
  comments, or suggestions you may provide regarding Twitter, or the Services
  is entirely voluntary and we will be free to use such feedback, comments or
  suggestions as we see fit and without any obligation to you.

 Biz's post was written July, 2009, so if you just take it at face value, the
 most recent Terms actually supersede his statement.  Again, I'm personally
 reasonably confident that wasn't the intention, hence these ongoing threads
 on the developer list.

 -DeWitt

In general, the legal advice I have received from the IP attorneys I
hang out with (in the Portland, Oregon startup community) on such
matters is:

a. Make sure you have your organization structure work done first (C-
corp, S-corp, LLC, etc.). Sole proprietorships / partnerships and
intellectual property don't in general mix very well.
b. Create unique stuff wherever possible, like Xobni (Inbox
spelled backwards) rather than BuzzTrack for Outlook.
c. Hire an attorney and *listen* to what they advise you to do! Dave
Frishberg's My Attorney Bernie is the standard reference. ;-)

Silly crap happens - like Apple Computer vs. Apple Records, the
University of Oregon having to pay money to Disney for a duck logo
that looks sorta like Donald, etc.

So, even if Biz says it's OK, I personally wouldn't use tweet
anywhere that a generic word like message would suffice, for
example. I wouldn't use Twit or Tweep or Tw-anything. And I
wouldn't use anything avian at all.

--
M. Edward (Ed) Borasky
http://borasky-research.net/smart-at-znmeb

A mathematician is a device for turning coffee into theorems. ~ Paul
Erdős


[twitter-dev] Re: Question about Twitter use in library names

2010-01-01 Thread Duane Roelands
It's been four weeks since I originally asked this question.  Is there
any chance at all it will be answered in the near future?

The time it takes to get a simple straight answer is mind-boggling.

On Dec 22 2009, 11:14 am, Duane Roelands duane.roela...@gmail.com
wrote:
 Hopefully, I haven't asked a question with an unfortunate answer.

 When I look at the number of great libraries with Twitter in the
 name, it would be a real kick in the teeth to the developer community.

 On Dec 22, 12:09 am, Ryan Sarver rsar...@twitter.com wrote:



  Just wanted to follow up with everyone and let you know we are still on this
  and haven't forgotten about the thread. Hopefully will have an answer for
  you soon.

  Best, Ryan

  2009/12/5 Ryan Sarver rsar...@twitter.com

   Duane,

   We definitely don't want to be sending any nastygrams, especially for
   something that helps the community. I put a note into our legal / marks
   department so that I can get an answer back to you and everyone else. 
   Please
   bear with us as it could take a bit, but I'll get you an answer.

   Best, Ryan

   On Fri, Dec 4, 2009 at 1:39 PM, Duane Roelands 
   duane.roela...@gmail.comwrote:

   A question for the Twitter team:

   I'm the developer and maintainer of an open source library called
   TwitterVB.  Can I expect a nastygram from your lawyers at some
   point?  Or is there some way I can have the project vetted to avoid
   such a thing in the future?


Re: [twitter-dev] Re: Question about Twitter use in library names

2010-01-01 Thread John Meyer
We're talking about lawyers here Duane.  Straight forward is not a 
term that they understand.



On 1/1/2010 2:31 PM, Duane Roelands wrote:

It's been four weeks since I originally asked this question.  Is there
any chance at all it will be answered in the near future?

The time it takes to get a simple straight answer is mind-boggling.

On Dec 22 2009, 11:14 am, Duane Roelandsduane.roela...@gmail.com
wrote:
   

Hopefully, I haven't asked a question with an unfortunate answer.

When I look at the number of great libraries with Twitter in the
name, it would be a real kick in the teeth to the developer community.

On Dec 22, 12:09 am, Ryan Sarverrsar...@twitter.com  wrote:



 

Just wanted to follow up with everyone and let you know we are still on this
and haven't forgotten about the thread. Hopefully will have an answer for
you soon.
   
 

Best, Ryan
   
 

2009/12/5 Ryan Sarverrsar...@twitter.com
   
 

Duane,
 
 

We definitely don't want to be sending any nastygrams, especially for
something that helps the community. I put a note into our legal / marks
department so that I can get an answer back to you and everyone else. Please
bear with us as it could take a bit, but I'll get you an answer.
 
 

Best, Ryan
 
 

On Fri, Dec 4, 2009 at 1:39 PM, Duane Roelandsduane.roela...@gmail.comwrote:
 
 

A question for the Twitter team:
   
 

I'm the developer and maintainer of an open source library called
TwitterVB.  Can I expect a nastygram from your lawyers at some
point?  Or is there some way I can have the project vetted to avoid
such a thing in the future?
   
   




[twitter-dev] Re: Question about Twitter use in library names

2009-12-22 Thread Duane Roelands
Hopefully, I haven't asked a question with an unfortunate answer.

When I look at the number of great libraries with Twitter in the
name, it would be a real kick in the teeth to the developer community.


On Dec 22, 12:09 am, Ryan Sarver rsar...@twitter.com wrote:
 Just wanted to follow up with everyone and let you know we are still on this
 and haven't forgotten about the thread. Hopefully will have an answer for
 you soon.

 Best, Ryan

 2009/12/5 Ryan Sarver rsar...@twitter.com

  Duane,

  We definitely don't want to be sending any nastygrams, especially for
  something that helps the community. I put a note into our legal / marks
  department so that I can get an answer back to you and everyone else. Please
  bear with us as it could take a bit, but I'll get you an answer.

  Best, Ryan

  On Fri, Dec 4, 2009 at 1:39 PM, Duane Roelands 
  duane.roela...@gmail.comwrote:

  A question for the Twitter team:

  I'm the developer and maintainer of an open source library called
  TwitterVB.  Can I expect a nastygram from your lawyers at some
  point?  Or is there some way I can have the project vetted to avoid
  such a thing in the future?


[twitter-dev] Re: Question about Twitter use in library names

2009-12-04 Thread Andy Freeman
IANAL but you might want to look do a trademark search.  Some relevant
links are at http://uspto.gov/ .

On Dec 4, 1:39 pm, Duane Roelands duane.roela...@gmail.com wrote:
 A question for the Twitter team:

 I'm the developer and maintainer of an open source library called
 TwitterVB.  Can I expect a nastygram from your lawyers at some
 point?  Or is there some way I can have the project vetted to avoid
 such a thing in the future?