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 real estate agents and 'social media experts'.
Mass following actually harms the community on Twitter which is the
reason that you will be finding less sympathy than you expected.
Obviously you're bright enough to write applications, rather than dig
yourself a hole on this list, why not take a step back and consider
what else you could do with those skills. I'm sure you could write an
application that contributed to the community more now that you have
the experience of writing Twitter applications. I understand that you
must be feeling upset, who wouldn't when they get legalese schtick
through the email. It's not nice. But they have a point and you have
the opportunity to graciously accept the situation and move on to your
next idea. The most valuable thing is your skill and entrepreneurial
spirit, not a micro app.
I wish you good luck in your endeavors.
On 12 Aug 2009, at 15:14, Dean Collins wrote:
So has anyone heard from or know any of the other developers? Did
they also get an email last night?
+1-212-203-4357 New York
+61-2-9016-5642 (Sydney in-dial).
+44-20-3129-6001 (London in-dial).
From: email@example.com [mailto:firstname.lastname@example.org
] On Behalf Of Jeremy Darling
Sent: Wednesday, August 12, 2009 10:12 AM
Subject: [twitter-dev] Re: FW: Twitter is Suing me!!!
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 URL but they can wait for
it to expire and snag it or offer to buy out the owner.
On the "point" about aggressively pursuing because they have to.
That's a complete and total cop-out, if that were the case then
Twitter would be going after ALL offenders and not the select "bad
guys", if someone gives twitter a warm fuzzy they view it as ok.
According to your statement (and I reviewed the laws a while back on
trademarks but will go look again) they can loose their trademark
for this action alone.
PS: I'm still not a lawyer, I still hate the product, but I still
hate the thought more. Of course, their C&D order is little more
than a notice to disconnect :)
On Wed, Aug 12, 2009 at 4:36 AM, Andrew Badera <and...@badera.us>
On Tue, Aug 11, 2009 at 11:12 PM, Jeremy
> Funny thing about trademarking a name and trying to utilize that
> against a URL, can't be done. If so, MicroSoft would have nailed
> left and right for infringement upon IE (can we say IE7.com and
> well as several other websites that utilize trademarked MS product
> LOL. Several other companies have tried this as well and failed.
> As for Twitter TOS and developer rights. Nope, can't sue for
voilation of a
> TOS on a public API either. You can suspend "suspect activities"
> developer/company rights but you can't actually file suite on a TOS
> violation of this type. Lots of statuatory presidence on the
> On point 3, 80% rule along with the fact that you have clearly
> valid font size the non-affiliation with Twitter again negates
this point in
> most cases.
> Actually, about the only thing they could get you for would be
> Slander/Liable if you were spreading bad publicity about the
> was un-true. In that case, they could get you for everything your
> LOL. Then again, being a public entity they would fall under the
> as the movie stars and other public figures and would basically
have to suck
> it up in the end.
> - Jeremy
Apparently you fail to recall the "MikeRoweSoft.com" case.
Twitter can most definitely enforce their trademark here.
∞ Andy Badera
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