[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-16 Thread Matt Freedman

On Sun, Aug 16, 2009 at 3:57 AM, Nicole Simonnee...@gmail.com wrote:
 It is going to be interesting if they try to go after twit - as far as I
 know this is a trademark which belongs to leo laporte and the trademark
 department only has so many classes available.

 not exactly knowing the US system but I do assume 'that computery or
 internet one' is already taken by twit / leo laport.


No, the Twit trademark doesn't cover most of the Twitter-related use
of it[1]. Although some uses (such as TwitVid) may be considered
trademark infringement under the Twit trademark.

[1] http://tess2.uspto.gov/bin/showfield?f=docstate=4002:5a6vq8.2.1



-- 
Matt Freedman
http://mattfreedman.ca/


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-15 Thread PJB



The scariest part about all of this, frankly, is less the trademark
stuff, and more the fact that he is being punished for violating
Twitter's terms and services.  As near as I can tell, his app just
follows users who tweet certain keywords.  It doesn't even UNFOLLOW
them (thus potentially churning), it just follows people.

Since there are API calls for those actions, many of us have built
rich apps around follow.  Indeed, Twitter DOES support mass
following... if not, why would batch following be in their roadmap
(http://apiwiki.twitter.com/V2-Roadmap#Following )... To now see
another app taken down because of supposed API violations around mass
following is very scary.

And what's even MORE scary is the selectivity of it.  Why was this
little guy taken down?  What about, say, the popular downloadable XYZ
app which apparently does what tweetbutler does and then some?  Do
they have some more formal relationship with Twitter?  Or do their
other apps somehow inculcate them against violating TS?

It's a minefield out there, and that's VERY VERY scary.  Who knows if
the API calls you make today might violate terms and services
tomorrow?  Perhaps you can count your lucky stars if you have casual
email correspondence with a Twitter engineer... maybe that's what's
needed to fend off trouble?  And too bad for those guys over in
England, like this guy, who perhaps didn't have such a relationship!



[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Dale Merritt
I have come across apps that have taken site down.  TwitAds.com for
example.  Maybe down for other reasons, but probably not. Under
construction

Good luck Dean.


On Fri, Aug 14, 2009 at 1:25 PM, Dean Collins d...@cognation.net wrote:

  I’m only sending this to the Twitter-Dev list and not distributing the
 information to a wider audience but I think the Twitter 3rd party dev
 community should be aware of a development.



 Karen Webb the lawyer for Twitter inc has clearly stated that I will NOT be
 able to change my applications name from 
 www.MyTwitterButler.comhttp://www.mytwitterbutler.com/to
 www.MyTweetButler.com http://www.mytweetbutler.com/ and contrary to Biz
 Stones blog post of July 1st 2009
 http://blog.twitter.com/2009/07/may-tweets-be-with-you.html#links Twitters
 lawyers will be pursuing domain names and applications with both the word
 “Twitter” and with the word “Tweet” in their domain.



 The conference call basically fell apart when I realized that the lawyer
 thought my application did something magical to the API and allowed a
 twitter account (eg @Tweet_Tools) to follow more people in a day than the
 API was programmed to allow. Likewise the application could send no more
 direct messages per day than the AP allows.



 -  I don’t have an answer about the longer term outcome. I was
 hoping this was going to be solved with a few 15 minute phone calls BUT it
 doesn’t appear that this is going to be possible.



 I’ve asked for the dialog to move to email rather than voice and also made
 Twitter Inc aware I’m going to be overseas from next week until the 7th of
 September so I don’t expect to make an update until after this date.



 I appreciate not everyone in the twitter-development community thinks my
 application should be allowed all I’m asking for is a clear definition of
 the rules – if you don’t want us to use Tweet or the API in a certain way
 then don’t write blog posts that say it’s ok (or give code demos at dev-nest
 meetup events for things you now say the API isn’t to be used for).



 Either way I think the dev community needs to know that….changing your apps
 name to TweetX etc (even if the term Tweet was coined by the user community)
 isn’t going to be allowed by Twitter. That’s until after the 7th of Sept.





 Regards,

 Dean Collins
 d...@mytwitterbutler.comd...@mytwitterbutler.com?subject=i'm%20being%20Sued
 +1-212-203-4357   New York
 +61-2-9016-5642   (Sydney in-dial).
 +44-20-3129-6001 (London in-dial).










-- 
Dale Merritt
Fol.la MeDia, LLC


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Josh Roesslein
Well this goes to show you Biz Stone is no longer running the show at
Twitter. Seems the investors / board have taken control and are unleashing
the pack of lawyers. I hate to see twitter using such evil tactics. Sure
you guys coined the term twitter but the user base came up with tweet. I
think its lame that now you feel you can put your name on that and own it.
I was upset when I heard twitter was getting sued over patent infringement,
but now I'm starting to think they might need a taste of their own medicine.
I have no plans to use either twitter or tweet or twit in my products,
but I still feel sorry for the developers who are getting pushed around just
because twitter has the jitters that we might mess up their good name. Well
guess what twitter, you are doing that just fine yourself.
I don't blame the lawyers, its their nature and their job. But twitter has a
choice to do no evil in this matter.
I really hope they can come up with a reasonable solution that can work for
all parties.


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Dewald Pretorius

Well, I am now so sh*t scared to use the words twr and tw**t
anywhere, I'm just going to write them as twr and tw**t from now
on.

Can you have *'s in your domain name?

Dewald

PS. Why and/or how can something be enforced that has not been granted
yet? Or, am I missing something here.



[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Dewald Pretorius

Unless something drastic changes in their approach, I think we as a
developer community should all rise and give them a standing ovation
for a brilliant performance in pissing people off.


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread EdPimentl
Just be creative .
Here are some domain ideas:
1- SendR  , SndeR,
2-MessgMe, Msg.Me,
3-Tmesg.in  tmsg.in
4-sportstlk, sportsmesg.in
5-SendIt4.me  DoIt4.Me
6-TxtButler, TsmgButlr
7-ThreadedMsg
8-ConTEXTual


-E
Gpro.ws


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Duane Roelands

I'm afraid I'm not willing to accept Dean's characterization of events
since he's been lying from the get go (e.g. claiming Twitter's suing
me when nothing of the kind was happening).  I give no credibility to
those who practice deception in order to win people to their cause.





On Aug 14, 7:31 pm, Dewald Pretorius dpr...@gmail.com wrote:
 Unless something drastic changes in their approach, I think we as a
 developer community should all rise and give them a standing ovation
 for a brilliant performance in pissing people off.


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread Dewald Pretorius

Duane,

I do not think it is necessary to get personal here.

I took Twr is suing me as an expression of panic, nothing more.

Dewald

On Aug 14, 8:44 pm, Duane Roelands duane.roela...@gmail.com wrote:
 I'm afraid I'm not willing to accept Dean's characterization of events
 since he's been lying from the get go (e.g. claiming Twitter's suing
 me when nothing of the kind was happening).  I give no credibility to
 those who practice deception in order to win people to their cause.


[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2

2009-08-14 Thread PJB



This is all rather scary, especially for those of us dedicating
significant resources to Twitter-related development.

I was having a new logo designed... it was going to be in light blue.

I guess I will have to reconsider that option now!