One man's trash is another man's treasure. Who should we let decide what is news and what is not?
What are the rules of journalism? I know of the SPJ Code Of Ethics, but its voluntray, not mandatory. MOST well known journalists don't follow this code. Most journalists are biased politically and most news organizations REPORT fact any more.
This is the author of the fix your thinking blog... I HAVE received a PRESS PASS to MacWorld because that's what I cover. Rarely do I do personal diary stuff like most blogs. My blog consists more of personal stories that relate a news or editorial opinion.
Actually you're wrong. It clarified that some blogs such as mine (I'm the author) ARE news and news commentary as covered by the provisions in the Lanham act.
It wasn't a civil case. It was a federal case with pendant litigation. The copyright issue went to court first and went from District to the Federal court of appeals.
You mean the defendant could raise an issue here? The plaintiff sent this letter:
Mr. Campbell: I am an attorney in Greenville, SC. I represent a client that has filed a federal lawsuit against one Philip Smith (a.k.a. Jackwhispers) for trademark infringement. I have learned that Mr. Smith has attacked/libeled/slandered a number of other folks in his blog, you included. I was wondering if you would mind giving me some idea of your history with this individual, what kinds of contacts you have had with him, what you have done about his personal attacks, if anything, etc. A copy of my client's complaint and motion for preliminary injunction are attached for your review. Thanks for any help.
I sold the domain rendezvouswithrama.com 7 years ago to a production company that involved Morgan Freeman partnering with Intel to create a movie version of Arthur C. Clarke's Rendezvous With Rama... nothing's ever come of it.
I had a company that I wrote an article about on my blog do this - it really hurt my serach engine results for a while. It's very easy to counteract though... A) Change the wording of the "reputation managed piece" B) If they create a gateway page - contact the ISP or search engines - this is usually a violation of a TOS agreement. C) Expose the company for doing it.
Dell is notorious for this - they did it extensively with the "exploding battery" issue.
The support from Slashdot editors is very clearly biased. As for the EFF, they actually tried (although half heartedly) to find a local attorney. As for lost business, I have not been able to maintain my self employed business properly due to the time involved and the duress/depression over the issue. Further, my main contractor, a local PC fix it shop, pretty much wanted to distance themselves over issue so as not to garner any negative attention.
The Eric Goldman blog which I linked to gives a very good summary.
Basically the opposing attorney is try to use a non sequitur argument concerning the Lanham Act to get an unfavorable story about his client's business removed from the internet. The most interesting aspect the Slashdot community can identify with is that my blog is much more tame than say, "Maddox" yet because I don't have a high profile blog that is adored by millions (nor do I have millions to defend it) I'm stuck with no support.
I'm currently in a protracted legal battle over my BLOG with a local eBay dropoff who has accused me of using their logo within my story. Their claim is that I am not allowed to use the logo (which is a key illustration of their services) under the Lanham Act. They have placed several pendant issues such as defamation (in the suit called "impeachment of character") and brand dilution/tarnishment.
The first court rejected the suit and sent to a lower court, the second court denied an injunction, which is currently in a federal appeal by the Plaintiff. The opposing attorney has been completely unreasonable in his efforts to "punish me" - purely out of revenge (on his client's behalf).
I have received no support from communities like Slashdot, or the EFF because of my typical conservative political affiliation. The legal battle has pretty much cost me my local reputation, ruined my local business, and has caused me a lot of duress/stress over the last year. Since I don't have the money for a lawyer, I have represented myself Pro Se.
I can sympathize with this blogger, and I hope that once my case is resolved that it will help stand as a precedent (which it almost certainly will) as the decision from the lower court contains a formula for determining which bloggers qualify as journalism and which don't. This blogger will benefit greatly from such a decision.
Exactly, and any negotiations over the iPhone name with such a large company that Apple couldn't control all the loose lips woul;d have certainly given away that Apple is indeed producing a cellphone... therefore... no negotiations. Has anyone ever considered A) It's only called the iPhone as a codename, or B) Cisco/Linksys released an "iPhone" to make the name a lot more valuable. That's what I would've done! Then sell the name for twice as much and divide the extra cash amongst my immediate staff.
Re:iPhone could still be the name for Apple's phon
on
The Google Phone?
·
· Score: 1
And in each case the matter has been settled without a verdict or in Apple's favor (concerning Apple records)
Apple owns trademarks for the iPhone in a dozen countries - check here
But why does it matter when that is the "accepted rumor mill term"? Also Apple owns the trademark for the name iPhone in several dozen foreign countries, the domain iPhone.org, and realistically, a cellphone with an MP3 player is very different from a VOIP 802.11 phone - I think Apple could get away with calling it an iPhone. They also have a public project called the "iTV" but Steve Jobs has said it won't be called that, that's just the codename for now. This is like Apple saying, without saying that the "iPhone project" is called the codename "iPhone" internally.
Plus, some credible evidence came out the other day about a storyboard / ad design for the keynote...iPhone Ad design concept
iPhone could still be the name for Apple's phone
on
The Google Phone?
·
· Score: 2, Informative
One is a VOIP phone (released by Cisco/Linksys)... the other is a cellphone/iPod hybrid... I honestly think Apple could say that is enough of a differentiation for patent trademark disputes. The main thing to note is that the rumor mill is the one calling it the "iPhone"... not Apple... evnthough Apple owns the trademark internationally and owns the domain iPhone.org. Also, this pretty credible storyboard was published yesterday noting the name "iPhone".
You were just trolling. iPodLinux runs GREAT on my Nano AND gives me the ability to run MAME on top of OGG support. Newer iPods just aren't supported as with "most open source projects" - the older releases are official... the newer are "unofficial"
Ever since I changed from jackwhispers.blogspot.com to fixyourthinking.com - I am no longer ranked by Alexa. At Godaddy - this is called domain masking. My hit totals have not only gone way up since the change, but people STILL link from the original blogger domain more frequently than the new moniker URL (masked domain)
It is run and sponsored by the competition. The webmaster tries to deny that saying he's just advertising alternatives, but the alternatives advertised on paypalsucks.com are FAR WORSE and just fronts for laundering and identity theft.
Slashdot Mirror
One of the greatest monsters of all time is the ID monster from The Forbidden Planet.
BUT ... VERY FEW journalists are unbiased and accurate.
You have good points but you are saying journalists are Apples and Bloggers are oranges. Compare Apples to Apples.
One man's trash is another man's treasure. Who should we let decide what is news and what is not?
What are the rules of journalism? I know of the SPJ Code Of Ethics, but its voluntray, not mandatory. MOST well known journalists don't follow this code. Most journalists are biased politically and most news organizations REPORT fact any more.
This is the author of the fix your thinking blog ... I HAVE received a PRESS PASS to MacWorld because that's what I cover. Rarely do I do personal diary stuff like most blogs. My blog consists more of personal stories that relate a news or editorial opinion.
Actually you're wrong. It clarified that some blogs such as mine (I'm the author) ARE news and news commentary as covered by the provisions in the Lanham act.
It wasn't a civil case. It was a federal case with pendant litigation. The copyright issue went to court first and went from District to the Federal court of appeals.
You mean the defendant could raise an issue here? The plaintiff sent this letter:
Mr. Campbell: I am an attorney in Greenville, SC. I represent a client that has filed a federal lawsuit against one Philip Smith (a.k.a. Jackwhispers) for trademark infringement. I have learned that Mr. Smith has attacked/libeled/slandered a number of other folks in his blog, you included. I was wondering if you would mind giving me some idea of your history with this individual, what kinds of contacts you have had with him, what you have done about his personal attacks, if anything, etc. A copy of my client's complaint and motion for preliminary injunction are attached for your review. Thanks for any help.
A friend of mine used my slashdot account to submit the story.
I sold the domain rendezvouswithrama.com 7 years ago to a production company that involved Morgan Freeman partnering with Intel to create a movie version of Arthur C. Clarke's Rendezvous With Rama ... nothing's ever come of it.
I had a company that I wrote an article about on my blog do this - it really hurt my serach engine results for a while. It's very easy to counteract though ... A) Change the wording of the "reputation managed piece" B) If they create a gateway page - contact the ISP or search engines - this is usually a violation of a TOS agreement. C) Expose the company for doing it.
Dell is notorious for this - they did it extensively with the "exploding battery" issue.
The support from Slashdot editors is very clearly biased. As for the EFF, they actually tried (although half heartedly) to find a local attorney. As for lost business, I have not been able to maintain my self employed business properly due to the time involved and the duress/depression over the issue. Further, my main contractor, a local PC fix it shop, pretty much wanted to distance themselves over issue so as not to garner any negative attention.
The Eric Goldman blog which I linked to gives a very good summary.
Basically the opposing attorney is try to use a non sequitur argument concerning the Lanham Act to get an unfavorable story about his client's business removed from the internet. The most interesting aspect the Slashdot community can identify with is that my blog is much more tame than say, "Maddox" yet because I don't have a high profile blog that is adored by millions (nor do I have millions to defend it) I'm stuck with no support.
I've submitted it several times ... are you willing to help?
I'm currently in a protracted legal battle over my BLOG with a local eBay dropoff who has accused me of using their logo within my story. Their claim is that I am not allowed to use the logo (which is a key illustration of their services) under the Lanham Act. They have placed several pendant issues such as defamation (in the suit called "impeachment of character") and brand dilution/tarnishment.
_ lawsuit_ov.htm
The first court rejected the suit and sent to a lower court, the second court denied an injunction, which is currently in a federal appeal by the Plaintiff. The opposing attorney has been completely unreasonable in his efforts to "punish me" - purely out of revenge (on his client's behalf).
I have received no support from communities like Slashdot, or the EFF because of my typical conservative political affiliation. The legal battle has pretty much cost me my local reputation, ruined my local business, and has caused me a lot of duress/stress over the last year. Since I don't have the money for a lawyer, I have represented myself Pro Se.
I can sympathize with this blogger, and I hope that once my case is resolved that it will help stand as a precedent (which it almost certainly will) as the decision from the lower court contains a formula for determining which bloggers qualify as journalism and which don't. This blogger will benefit greatly from such a decision.
The best analysis of my case can be seen here:
http://blog.ericgoldman.org/archives/2006/11/blog
Exactly, and any negotiations over the iPhone name with such a large company that Apple couldn't control all the loose lips woul;d have certainly given away that Apple is indeed producing a cellphone ... therefore ... no negotiations. Has anyone ever considered A) It's only called the iPhone as a codename, or B) Cisco/Linksys released an "iPhone" to make the name a lot more valuable. That's what I would've done! Then sell the name for twice as much and divide the extra cash amongst my immediate staff.
And in each case the matter has been settled without a verdict or in Apple's favor (concerning Apple records)
Apple owns trademarks for the iPhone in a dozen countries - check here
But why does it matter when that is the "accepted rumor mill term"? Also Apple owns the trademark for the name iPhone in several dozen foreign countries, the domain iPhone.org, and realistically, a cellphone with an MP3 player is very different from a VOIP 802.11 phone - I think Apple could get away with calling it an iPhone. They also have a public project called the "iTV" but Steve Jobs has said it won't be called that, that's just the codename for now. This is like Apple saying, without saying that the "iPhone project" is called the codename "iPhone" internally.
...iPhone Ad design concept
Plus, some credible evidence came out the other day about a storyboard / ad design for the keynote
One is a VOIP phone (released by Cisco/Linksys) ... the other is a cellphone/iPod hybrid ... I honestly think Apple could say that is enough of a differentiation for patent trademark disputes. The main thing to note is that the rumor mill is the one calling it the "iPhone" ... not Apple ... evnthough Apple owns the trademark internationally and owns the domain iPhone.org. Also, this pretty credible storyboard was published yesterday noting the name "iPhone".
iPhone Storyboard or Ad Design?
You were just trolling. iPodLinux runs GREAT on my Nano AND gives me the ability to run MAME on top of OGG support. Newer iPods just aren't supported as with "most open source projects" - the older releases are official ... the newer are "unofficial"
for information ... the iPod DOES support OGG (iPodLinux)
Ever since I changed from jackwhispers.blogspot.com to fixyourthinking.com - I am no longer ranked by Alexa. At Godaddy - this is called domain masking. My hit totals have not only gone way up since the change, but people STILL link from the original blogger domain more frequently than the new moniker URL (masked domain)
Alexa also doesn't calculate masked domains.
I have a blogger blog that is masked with my own domain name.
How many calories does it burn to crank the laptop ... how much more food will we have to send in aid to make up the difference?
I say this would have been (at current) ... a non issue had the OLPC program accepted Steve Jobs offer of free Mac OS licensing for the program.
It is run and sponsored by the competition. The webmaster tries to deny that saying he's just advertising alternatives, but the alternatives advertised on paypalsucks.com are FAR WORSE and just fronts for laundering and identity theft.
StormPay
iKobo
YowCow