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.
peace
Neil
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?
twittercounter.com
twitterfall.com
twitter-friends.com
www.twitter.ca
www.tinytwitter.com
www.twitterbuttons.com
www.accessibletwitter.com
twitterfeed.com
twitterpatterns.com
www.twitterlocal.net
www.twitterbackgrounds.com
twittergallery.com
twitteranalyzer.com
whentwitterisdown.com
destroytwitter.com
blog.twittervotereport.com
twitter.pbworks.com
twitter.polldaddy.com
twitter.alltop.com
twitter.infinityward.com
twitter.grader.com
Regards,
Dean Collins
d...@mytwitterbutler.com
+1-212-203-4357 New York
+61-2-9016-5642 (Sydney in-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 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.
- Jeremy
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>
wrote:
On Tue, Aug 11, 2009 at 11:12 PM, Jeremy
Darling<jeremy.darl...@gmail.com> wrote:
> Funny thing about trademarking a name and trying to utilize that
trademark
> against a URL, can't be done. If so, MicroSoft would have nailed
people
> left and right for infringement upon IE (can we say IE7.com and
IE8.com) as
> well as several other websites that utilize trademarked MS product
names
> 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"
and revoke
> developer/company rights but you can't actually file suite on a TOS
> violation of this type. Lots of statuatory presidence on the
subject.
>
> On point 3, 80% rule along with the fact that you have clearly
labeled in
> 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
company that
> was un-true. In that case, they could get you for everything your
worth
> LOL. Then again, being a public entity they would fall under the
same laws
> 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
∞ This email is: [ ] bloggable [x] ask first [ ] private
∞ Google me: http://www.google.com/search?q=(andrew+badera)+OR+(andy+
badera)
