Okay..take a break and try this..it is really neat...FACEBOOK TRICK: press up, up, down, down, left, right, left, right, b, a, Enter key, then left click and magic circles will appear. The only way to get rid of them are to log off or refresh the page... IT WILL WORK! Put this as your status if it works~~Thanks to Alvin Dawe for this one~~.
Memorized the steps all the way through Enter and was a bit frustrated. Then I saw the bit about "LEFT CLICK" ~~~ HEY IT REALLY DOES WORK!!!
- Timothy Hammond
Yeah, what a trip, eh? I love simple easter eggs like that.
- Eric Standlee
I didn't get the prius when my lease on the last one was up. I get 35 on the highway in this new car with $200 less a month in lease payment. Math made more sense to get this even at 28 combined.
- Eric Standlee
I tried listening for a while but was not getting much out of it beyond memories of living in Japan- what is the intent of this link??
- Galen McPherson
Galen, I posted it on Facebook with the comment if you are interested in learning Japanese you can listen to NHK. Facebook and FF aren't speaking well apparently.... Dunno what is wrong and don't have time to figure it out. Sorry.
- Eric Standlee
unless I give then how can this ugly mug attract anything. But, more importantly, it is a age-old truth taught down through the ages and not just a naive idea.
- Eric Standlee
Thanks for this link - I knew of the practice [and have tried to remember as often as possible] but had not seen it attached to a story like this one; thanks for the post
- Galen McPherson
It was a good reminder to me too. Thank you, Eric Standlee
- Eric Standlee
from email
It's ironic that instead of Obama's presidency showing us how we are less racist, it's having the exact opposite effect. It's showing us that indeed this country is much more bigoted and intolerant than most of us could ever imagine.
I had read last year that outbursts like this might result, but I didn't quite believe it at the time.
- John (a.k.a. dendroica)
It has become quite uncomfortable to be an Obama supporter in Oklahoma.
- Geoff Schultz
Well, maybe now some of us who have been silent (or quiet) resisters to racism will not be so silent or quiet or complacent anymore. That would be good.
- Jim in Real Time
I take that back, it has become quite uncomfortable to be an intelligent open minded person in Oklahoma, You don't even have to be an Obama supporter or black to be uncomfortable here now.
- Geoff Schultz
I've been saying for the last couple of years now that the US is more segregated now than they ever were. But no-one wants to see it, let alone acknowledge it ... and now things are coming to a head.
- Rene Wirtz
You know things are bad when even Pat Buchanan (I believe it was he that recently wrote an essay about how the country is becoming more divisive) starts complaining about how divisive we have become.
- Alex Scoble
It's actually interesting as well. The problem with race relations is that some people just want to pretend there is no race, no skin color, no differences, no separate cultures. They say stuff like "Aren't we all just people?!" They don't realize that this is the primary problem with why race relations remains as it is. Obama being elected president just gave these types more fuel for...
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- Rahsheen ™, Coach Rah
You are EXACTLY right Rahsheen. If I hear "There's no racism we have a black president" one more time I'm going to lose it.
- Geoff Schultz
Don't blame it on the people who want to move on past racism, Rahsheen. I don't think that's mainly where the problem is. And it's not that simple, Geoff. People who think that way *are* clueless, but that's not everyone...
- Kamilah Gill
This reminds me of all of the progressives who believed that if Obama got elected, it'd be all puppy dogs and ice cream from here on out. Some people simply don't have a reasonable grasp of reality.
- Akiva Moskovitz
I thought things in DC would get better, and in a sense they have, but in a very real sense, they have gotten worse. Maybe this is a good thing? I don't know...time will tell.
- Alex Scoble
from IM
It's both ironic AND it sucks. But at least we in the US have progressed far enough to elect a black president. I didn't think that would happen in my lifetime. No matter what the issue or non-issue, there will always be closed-minded people. Just a sad fact of life we must accept. I'd rather not stoop to their level and even bother arguing with people like that. Peace all :-)
- ThatJimGuy
@ThatJim: but the biggest problem right now is that the closed-minded people are browbeating the rest into submission. Or at least they are trying to.
- Rene Wirtz
It's not the people that *want* to move past it that are the problem. It's the people in denial that racism is still prevalent. Black president or not, the issue isn't solved.
- Rahsheen ™, Coach Rah
Rahsheen, that's a big problem. Changing the way people think is hard. What's a good next step?
- Bruce Lewis
Well, the first step is recognizing that there *IS* a problem. As a country, we haven't done this. For instance. Why do people not see why stuff like Black Web 2.0 even exists? If you think it's simply perpetuating separation, you need to re-think your position because you're missing the point. After that, it comes down to people changing the way they think and I'm not sure that's possible. I think it's something that will come over time as the younger generation comes into it's own.
- Rahsheen ™, Coach Rah
If I'm someone who sees why stuff like Black Web 2.0 exists, what's my first step in helping someone else see?
- Bruce Lewis
That's what I have seen too. My people, the Cherokee Nation, accepted all into the Cherokee Nation regardless the race. America used to be that way for me too. But, now all I see is racist this and racist that. America transcends race MAN! Let's stop it right now.
- Eric Standlee
It's pretty much what I expected - the GOP showed just how dependent they were on their mouth-breathing base in the last election, and the media must have controversy to sell their wares. It's a bad combination - where the press effectively promotes the most retrograde elements of the body politic as a legitimate oppositon further polarising what was already a polarised citizenry.
- empireofno
from FreshFeed
I predicted this would come. Derrick posted the following link shortly after the election: http://www.csmonitor.com/2008... . This was my reaction to that on my blog on Nov. 11th. "This was not unexpected. Sadly I expect it to get worse. On the bright side (if there can be such a thing when it comes to racial hatred) perhaps this will help expose the deep divisions...
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- Give 'Em DBizness
My sense is that the racism has been there, but Obama's election has injected a new sense of urgency into the mix. Those who were "complacently racist" are now more being more vocal. That doesn't mean that they will acknowledge their own racism, though. It remains couched in conceptual citations like "Real Americans" and "Patriots" versus a vaguely evil "something/someone else." Nothing...
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- Mark "Mr Bolivious" J
Actually, the racists who were content to blend in among the Republican establishment under Bush are now panicking. The very existence of a black president threatens their egos with annihilation. So they lash out hysterically, and in some cases violently. Unfortunately, the conservative corporatist establishment (including the allegedly "liberal" media) are equally threatened by the...
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- Dennis Jernberg
we are all limited by our mental images, and these are build in childhood and layered deep... No matter what the crazies say or do, the next generation's mental images will be a lot more flexible and diverse than theirs - whether it is about gender roles, leadership images, or suitable dreams.
- Joelle Nebbe (iphigenie)
I believe that centuries of slavery and the racism that has followed are endemic of a deeper problem: there is a virulent strain of American culture that believes the best way to achieve prosperity is through the exploitation of others. That the course of power and domination is preferable to a course of compassion and equality. It explains why the right has no problem with profligate...
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- Jason Wehmhoener
It's pretty incredible watching the battle here up here at a distance, you guys/the US (being so polarized) are like that aunt & uncle at a family gathering who are always fighting, at each other's throats airing dirty laundry that should never be aired, slinging abusive insults, and everyone else (the rest of the world) is going wtf?
- sofarsoShawn
I think it is much more bigoted and intolerant than "some" of us could ever imagine. I remember being surprised when he was elected. I mean there are people in this country that will not accept treatment from a black doctor, or advice from a black lawyer, so...
- J. Abdul-Qahhar
He WAS elected, though. It's just that the racists are now getting so much LOUDER.
- m9m, Crone of FriendFeed
Unfortunately this is a global issue...We have HUGE problems with racism and segregation in Europe too. In fact we `ve got it worse than America IMO.
- Carlos Sousa
Financial mistakes that startup/small companies make: 1. assume that the rules that apply to established companies apply to startups. 2. go to friends and family too early. 3. go to equity and venture money too early. 3. Don't look into alternative financing that lets you keep control and doesn't limit your growth.
- Eric Standlee
Which? Dropping Obama, or Obama's addressing our kids without getting parent buy-in?
- Eric Standlee
We'll study this decades later as a racist backlash. At best overreaction.
- Stephen Palkot
I'm curious to know what people are so afraid he might say.
- Stephen Palkot
Racist?!?? Really? Do you say that because I look white? You probably don't know, but I am original American; Cherokee to be specific.
- Eric Standlee
Sorry to do this but I posted something earlier and checked back and accidentally deleted what I posted just by mousing around and clicking mindlessly (I know that sounds like BS). But, to say it again, in case you didn't see my response: I don't know your take on the matter, and I can't speak to your intentions. And I basically think this issue is grasping at straws as opposed to a legitimate debate (see: economy, national security, health care policy).
- Stephen Palkot
Welcome, Eric! You'll hopefully find FriendFeed as helpful as I do. I've sent you some Jesus Following Friends you may not know, yet. In Christ, Gary
- Gary Patton
Hi Gary, thanks for sending some Christian friends my way. :)
- Eric Magnusson
Thanks to all for the welcome. I think I'll get the hang of FF pretty soon. I like the Comment/Share/Like feature under each post, it makes interaction similar to facebook and a lot easier than in Twitter.
- Eric Magnusson
How was your experience at Inhouston? I didn't get to meet you there. Hope you are coming to some other InHouston events like Katy or Downtown or Wild West.
- Eric Standlee
Wasn't it great? Did we get to meet? I don't remember getting to talk with you. Are you coming to the other InHouston Katy or Downtown events?
- Eric Standlee
Just heard on twit.tv that Leo Laporte blocks people with different political views. That's a disappointment. Thought all bleeding liberals were open minded Leo. (via http://friendfeed.com/ericsta...)
Would you like to subscribe to me Leo?
- Zachary TG
Shouldn't believe everything you hear...on the news or the Internet.
- Karoli
We are very open minded, until someone says we're bleeding.
- jcunwired
Yes and your pal Rush lets anybody on, right? Simmer down big guy...
- Peter May
Did Leo say that himself in the most recent TWiT?
- Michael Koby
from Nambu
Eric, that is exactly the kind of inane dialog that causes me to unfollow people. Say something interesting. Make an intelligent argument. Silly gotchas are a waste of time. We need thoughtful dialog not bear baiting.
- Leo Laporte
Leo's bleeding? Quick, get an ambulance!
- Eric Geller
Doesn't sound like Leo's the one who's bleeding.
- Rod Bauer
Leo, I'm certainly willing to make an argument that's cogent. The problem is, there is no argument to be made against ad hominem snark like "bleeding liberals". Particularly when, at this moment in history, liberals don't belong to the party that's bleeding.
- Karoli
Eric, we all heard what he said - go listen to that bit again - and a third time if you have to
- Chris Heath
Leo did say that he blocks virulent conservatives because he is a virulent liberal. I honestly thought he had blocked me. I am just saying that I am open and welcome all. I don't block because I don't agree. I block spammers. People who are just selling. But, if someone is Liberal and I am conservative, I wont block just because of that. Leo, my advice? Don't mention your political...
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- Eric Standlee
One's political choice is a personal choice, I don't follow Leo or listen to TWiT because of politics, but because of tech conversation that goes on his shows. On occasion Leo does expresses his political views on air, I have to respect it because its his personal choice. Even if people like Leo are considered public figures, they are still entitled to make decisions (such as who they...
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- Michael Chang
Everything is political. Asking someone not to mention their politics denies the influence that political views have on our choices, from Macs to PCs to Presidents. It's all tied together.
- Karoli
from BuddyFeed
I did listen to the whole podcast and I wouldn't do a childish thing such as comment on something that didn't actually happen. I am not arguing with anyone. I voiced my concern with a public figure that I like alienating half of his audience because of damaging remarks. Know who you talk to before you talk smack "dude".
- Eric Standlee
Meh, what's one less conservative in the fan club? :)
- jcunwired
I heard that comment, too, and was a bit irked (being right of center myself). But I also have dropped people from my social media accounts that were incessant political ranters who didn't post about anything else. To me, a comment, very conservative or very liberal, once in a while is fine, even appreciated. But the "one trick ponies" get old fast. I assume he meant those guys. Besides, I can't dislike anyone from Petaluma for too long.
- Doug Fredericks
Give it a break, Eric. Listen to the podcast (again), and place the comment in context. It's clear that L^2 is opinionated and open minded. It's also clear that L^2 is fair minded. But remember, as others have mentioned, L^2's work centers on tech, not partisan topics. Give it a rest.
- Jason Miller
Um. I'm conservative and catholic and in four years of listening to Leo's shows I can't ever remember being offended or alienated by anything anyone has said on his panels. Love the shows, love the panels, love the guests. (time for real conservatives to give the loud mouth yahoos the heave- ho. Eric don't try and speak for Conservatives as a group, you just piss us off ). There, I feel better. Leo- I can't wait for the Google show.
- James Reed
Interesting James. It is okay for you to "pissed off" but not okay for me to express my feelings? Don't make it a political thing if you just want to suppress others' rights to your own. It is okay for Leo to disdain conservatives (or were your ears plugged) and okay for you to disdain "loud mouth yahoos" but not okay for this red blooded American to express his opinion? When did this...
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- Eric Standlee
Oh, Leo has blocked me because of my politics, that's why he hasn't invited to be on TWiT. It has nothing to do with me being a complete nobody. :)
- Robert Hafer
It all comes down to trust. "netcasts you love" I was on board. "from people you trust"??? How can I trust someone who wholesale dismisses me. Yeah, Leo and anyone can decide I am a "complete nobody". That is your prerogative. But, be ready to accept the consequences of blind generalizations like that. Take responsibility. The problem is, when I was growing up it was customary to...
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- Eric Standlee
It's really not that big a deal Eric. The politics of most actors gives me stomach pains; but I still watch movies. Conservatism is rare in the entertainment industry, it's just a fact. Like the Dixie Chicks found out, if you use the celebrity your fans gave you to insult them the fans go away; it all works out. If Leo were to get up on a soapbox I might stop listening and donating, but...
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- Robert Hafer
So does this mean only "liberals" are required to be open-minded?
- ursi
Eric, Leo's not 'wholesale dismissing' you (and others of your political persuasion.) He said the virulent conservatives. And I think it stinks that it has come to this, but some people (of any political orientation) just can't do anything else besides wave their flag. They won't have a decent conversation with you and continually push the envelope in regards to what is socially acceptable online. Leo has every right to block people who can't or won't discuss politics in a civilized manner.
- Chris Heath
ScottBourne Hahahaha ROTFL. Thank you Scott. You made me laugh and you made sense.
- James Reed
I haven't blocked you Robert! In truth, I've only blocked a few people. Mostly spammers and pornographers. I think I blocked one guy whose right-wing snark during the election got to be too much. I even watch Fox News once in a while. I do hide all Twitter posts, however. Does that make me a bad person, too?
- Leo Laporte
Leo does not hide his beliefs, but does not spend a great deal of time airing them, either. Mostly, he sticks to the topic at hand, and that's usually tech related. That's why I listen to him. I worked in Canadian federal politics for 16 years at a very high level. If I wanted to listen to political talk, I would not be listening to Leo.
- Devin Baines
I totally agree with Devin.And I must add, less stinky politics in our life is, better quality it has ! All politicians are populists,demagogs and many are even corrupt !
- Heiti Kruusmaa
heiti: then how do you recommend we organize our nation states? should we even have nation states? i tend to think that the us constitution is a good idea, but i'm open to other ideas.
- Chris Heath
To be honest, I've infered Leo's politics more from Twitter and Friendfeed than any Netcast. And Leo, if you you don't hide some of Twitter, you can become mired in the drivel; so I'll join your Bad Twitterer Possie.
- Robert Hafer
Hello Leo, and everyone. I'm new here, but have been a Leo fan since I discovered TWIT and The Tech Guy a few years ago. As a life-long, non-virulent conservative, I have to admit my ears did sorta twitch when Leo made the comment. But I also realize he has every right to state his opinions about anything he wants on his shows and anywhere else he wishes. Besides, I have children and...
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- Don Smith
Good to know there's still some level headed conservatives out there Don. I hope sentiments like yours prevail in your party as they seem to have lost their way.
- Chris Heath
Is there anything of the quality of Terminal.app or iTerm on Windows?
- Paul Grav
@Paul: In Windows world remote connections/administration are done through Remote Desktop or through API calls with PowerShell or Admin Tools (MMC). I never need to ssh/telnet anywhere - except very rarely to some *nix and for that there is Putty.
- Jemm
I work in a Windows world and I have plenty of *nix boxes that I need to ssh into, and Putty sucks.
- Paul Grav
I'm open to suggestions. What terminal software is better than PuTTY for Windows?
- Leo Laporte
There is no better. Portable, fast, simple ... what else do you need?
- Mike Roberts
why settle for something inferior just because you're using windows? put windows into a VM on a REAL OS, and then you can use big boy tools like terminal.app :)
- Nate
I wouldn't go so far as to call Nate a fanboy... He's just overlooking the obvious fact that as big a PITA as putty is, it's still easier than booting a virtual machine. Because of unavoidable circumstances, I have to use windows on 1 machine I use. I do boot ubuntu in a VM when I know I'm gonna have to do some real work and can't get to another box. The long and short of it is that I...
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- Justin Hopkins
from twhirl
putty is a mainstay, but there are some advantages to a free tab-based SSH client in Windows such as Poderosa: http://en.poderosa.org/ Unfortunately, Poderosa hasn't been updated in quite some time and it has some really bad keyboard choices for copy/paste.
- Professor Messer
it's not fanboiism, it's using the right tool for the job. I have a windows VM open all day at work because in my experience nothing beats Beyond Compare, and I need to test IE anyway. Yes BC is available on linux, but VMWare just has better Windows support. And yes, I am sshed into my linux servers all day.
- Nate
Ponderosa does look promising, I'll give it a try.
- Justin Hopkins
My work boxes and laptop are linux or mac, but when I have to ssh from a windows box putty is my answer.
- Eric Standlee
Question for you all. I have a trademark for TWiT® - first used in May 2005, trademark applied for May 2006 and registered March 2007. The trademark is in "Entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows." http://tess2.uspto.gov/bin...
Up until now there's been no conflict with Twitter itself because the brands were in different arenas. (We have, however, sent out cease and desist letters to companies using "twit" in their name and doing audio or video). But now Twitter is doing a TV show. The confusion between TWiT and Twitter is mounting. What do I do? Defend my mark? Or let my brand be swallowed by the big guy (even though we were first by several years)? I need your advice. What does the community think?
- Leo Laporte
Defend your trademark, 99% of people will totally understand, you have to do it, or you'll loose it!
- Chris Lloyd
Defend it. People that watch Twit Tv will also defend it.
- Jason Rundell
Can't put the toothpaste back in the tube. Does TWIT still stand up as an accurate brand for all the new stuff you are doing with TWIT Live? Might be time to find a new visual/brand identity.
- BryanSchuetz
At the SF MusicTech conference a lawyer called "tweets" "twits" repeatedly. Let's just say I think you should defend your mark and let TV chew up and spit out twitter.
- Richard pancakhaus Walker
I don't see how the brand of Twitter infringes on your trademark. Plus trademarks are an outdated ideal. You need to market and promote your brand and the people will come.
- Bob Blunk
Bryan: The TWiT name carries alot of weight in tech circles, it will take alot of money/time/effort to make a completely new name for something that will probably outlast twitter anyway
- Chris Lloyd
Incidentally, Twitter just got their trademark approved May 11, 2009 in the following "Telecommunication services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via email, instant...
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- Leo Laporte
Chris: I think Leo's name carries more weight than TWIT and (for me at least) he IS TWIT so I don't see it as quite such a big deal.
- BryanSchuetz
Of course, there's a larger long-term problem because of the way that Twitter has weakened _your_ brand. It might be less expensive (and a better use of your time) to rebrand TWiT into something that strengthens your brand and moves it away from Twitter; avoiding any future problems (and there will be future problems). You can't fight Oprah.
- Professor Messer
I guess Leo started a shit-storm here...The question goes far beyond the argument of Twitter vs. TWIT. It begs the question of how do Brands defend their government protected trademarks in a time when trademarks are failing to adequately describe what a company does. Do we need a trademark to know that Leo creates awesome podcasts and streams realtime shows via the internet? Plus, how could a trademark impart this knowledge to newcomers?
- Bob Blunk
Leo - your brand, as most evidenced by your show and content is awesome - for a small group of peeps who have had a chance to discover it and enjoy. I'd use the overlap in marques to leverage Twitter in some type of promotional / service partnership, whilst still retaining your brand and the equity you've built. Don't fight em, join em, at least tactically.
- Thom Kennon
I'm with the majority, defend your trademark and your legacy.
- jcunwired
Defend it Leo. You built the brand and they need to honor that.
- Robert
I always thought calling the network the same name as a show on the network was wierd. But it's a recognized brand, and I wouldn't give in. Send some mails to all the twitvid.io's out there.
- Anton Tanderup
Is the BIG guy really that Big? Plus, with the way busines is changing one thing seems to remain the same...protectionism, let's sue someone it's easier. I'm suggesting your desicion is easy here Leo but in light of the landscape changing do you really have a chance? The other question to ponder is this, Twitter is the hot thing now but will it be 5 years from now and will it be true...
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- Owen Greaves
speaking from a british point of view a twit is someone who is a little silly or stupid. I think your podcast can stand up against the everising onslaught of twitter. Why not rise above all this discussion and say what you are This week in technology, a fantastic poscast full of wit and essential information for gadget freaks such as myself. Let the owners of twitter gabble on, in my book baby creatures twitter and you are certainly no TWIT.
- Chris Jennings
@ Professor Messer 'You can't fight Oprah' is not totally correct. You can FIGHT her, can you win? Maybe. I think, offline, Leo VS Oprah would go several rounds. Tweetfight says otherwise.
- Jason Rundell
Defend it Leo. What's the use in having a trademark if others can infringe upon it.
- TechListReport
Sorry to say, my girlfriend recently yelled at my for watching 'Twitter' when I was really watching TWiT live. Confusion does exist for people who don't fully understand what each service is.
- Wo
The good thing about trademark law is that it's well established and legally documented. The problem with trademark law is that it's well established and legally documented. You need a brand to create awareness, and you need the trademark to protect your established brand. This one is sticky because TWiT is well established but it's going to be an expensive brand to protect. Twitter's...
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- Professor Messer
@Jason Rundell, don't get me wrong, I'd love to see a cage match between Leo and Oprah (who wouldn't?). But it'll cost a lot of time and money. Sometimes it's better to be smarter than the legal system.
- Professor Messer
I'm not sure I fully understand where the perceived trademark issue is. The names are similar, but clearly different. I don't know that Twitter is making any efforts or attempts to infringe on the TWiT brand, particularly in the area specified ""Entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows." I agree and understand the brand...
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- Ken Camp
The fact is, the brand that really matters here is not TWiT, but Leo Laporte. I came to TWiT because of you, Leo, not because of the name. That being said, I'll stand behind whatever decision you make.
- Darren Landrum
Oh, and I think this is just the opportunity we need to resubscribe our iTunes and take over the top 10 lists. :)
- Professor Messer
Can I ask - did TWiT exist before Twitter? Or did Twitter exist first? And - is your name TWiT based on Twitter, at all?
- Chris Loft
Chris Loft: TWiT predates Twitter and comes from This week in tech...
- Chris Lloyd
I think it's only right to defend your trademark Leo. You were there way before Twitter and just because they have gained significantly increased attention and media coverage, doesn't mean you have to lay down and submit to Twitter. I would defend your mark vigorously if I were you. You've worked hard to build your brand.
- Marty McPadden
Chris Loft proves that there is confusion between the two.
- Anton Tanderup
Leo - TWit is an incredible brand and network of invaluable podcasts - you simply have to defend it
- Robert Davies
Fight for it. When they try to get additional financing make your move. Asserting your trademark will cause them to settle or buy you out when they go public.
- Alan Morris
I think that once you see the Twitter television show, you'll probably want to distance yourself as far away as possible.
- Professor Messer
Defend your trademark. I get more intellectual engagement from the TWiT network of shows than I do from most of my Twitter community.
- Eric Geller
Use whatever legal tools you have available to defend your brand, especially if Twitter is talking about crossing into audio/video. You have a strong product, and Twitter is creating brand confusion in the market. A hard line needs to be drawn between your product and theirs, and it's clear that they are not going to keep a respectful distance with TWiT.
- Jason Miller
You have to rise above the emotion and make a business decision. How much will it cost you to defend versus how much will you gain? Simple cost/benefit. My guess is that this fight will cause you to lose focus on your work, be a financial hardship as you go up against a company with VC backing, and all for the "possibility" that you will win and maybe get some compensation from Twitter....
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- Tom Sheppard
I thought twitvid.com was the new video netcasts Leo has been talking about, boy was I surprised!
- Daniel Rinaman
It has to be defended.Giving up and letting another company take your brand, no matter how big the company or personal feelings toward the owner, can not be an option. You built your brand and should defend it.
- David Z
Don't think you have much choice do you. You either protect it or lose it. If you don't at some point they will try the other way.
- nef 919
from Nambu
You need to defend it Leo. You had the trademark first.
- imperator3733
How about a name like LeoCast... No confusion there.
- Rustic Thoughts
Agree don't let the big dog scare you..you have the law on your side
- Randy Pollock
It's YOUR mark Leo and you have worked hard to make it as well-known as it is. Defend what's yours!!
- Jim Connolly
Twitter will be virtually gone like Classmates and MySpace in a few years... Keep the name!
- Rick Harvey
Leo: As others have said, you can initiate legal action, but I doubt you'd win. TWiT is based upon an acronym (This Week in Tech). Twitter is not an acronym, it's a word unto itself. Twitter doesn't use the term "twit" by itself; the word is always used fully (though some people snidely call Twitter users "twits"). Until you launched a microblogging area on your site, TWiT and Twitter...
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- Dwight Silverman
Add to all this another twist. While TWiT is trademarked, twit is a common language word which can't be trademarked. That adds a dash of ambiguity to the whole issue.
- Ken Camp
Twit came before Twitter I think you should defend it. it is dumb anyways Twit and Twitter is not even the same word, it would be like CocaCola suing Coconut because of COC
- URLREVIEWS
Twitter is going to be a realty show based on stalking celebrities. It wont last more than one season.
- Rustic Thoughts
I say let it roll. Your a 'big guy' in your own field, but Twitter is bigger. Play off of them. You could be bigger. Look at all the petty stuff that Microsoft did..and where did it get them? Bad Press.
- Gene
To keep your trademark you must defend it if it's being violated.
- CT Raider
I think Twitter has the brand and you don't right now. Maybe Twitter should buy it from you or you should collaborate with twitter to monetize and add your TWiT to twitter
- Amit 'zyaada' Mittal
I certainly think you should defend your trademark, isn't that why you registered?
- dcale1965
I checked Twitter's own site and it looks like Twitter launched March 1, 2006. TWiT was around well before then. Being in tech, I find it hard to believe they hadn't heard of him. It was a big podcast even then. I knew of TWiT well before Twitter. This may seem like a dumb issue to some, but a lot of people I recommended the podcast to now ask me if "it's a Twitter thing."
- JeffreyVC
Ev told me that when they were considering names for Twitter they knew about TWiT and decided it didn't matter. In their defense, they had no idea what or how big Twitter was to become. We talked about trademark early on and both agreed there was no conflict _as long as we were in different spaces_. And therein lies the rub.
- Leo Laporte
Apple Computer and Apple records recently went through this -- what was the outcome there?
- Brian Sullivan
I thought it wasn't clear infringement when Twitter came out but now that there is Twit video the infringement is very clear. I would defend.
- Robert Scoble
Lawyers are expensive. Legal fights are draining. You could spend the rest of your professional life fighting this battle. I don't know what's been going on in the back channel, and you probably shouldn't say publicly, but if you haven't tried approaching the Twitter board members privately, you might want to. Lay out the facts carefully, and if you're open to a settlement, say roughly...
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- Dave Winer
Legally, if you do not actively defend your trademark in every infringement then you will have difficulty *EVER* defending it. This isn't an anti-Twitter thing, just a simple business practice, Leo.
- Kevin Donahue
"Clear Infringement". How exactly? It's a lose/lose for Twitter if they choose to encroach or even litigate.
- Adi
Yeah but Leo added video later. And now Twitter is adding video. The real issue is that there is no clear separation between a radio/video network and a social microblogging site these days. And our trademarking system is so ridiculous that these kinds of conflicts go completely unnoticed all the time.
- JeffreyVC
I'd say it's time to either re-brand TWiT or defend it. Deferring the decision and just living with the confusion and ambiguity is no longer an option.
- Ken Sheppardson
Defend your brand Leo.The World Wide Fund for Nature took on the WWF and made them change their name to WWE. If they can do it, so can you.
- Bryan Lee
The big problem with defending it... beyond the unfortunate fact that it's a drain on resources that could be better spent elsewhere... is it's not clear how you'd win. They're not going to change their name. They'll forever be Twitter. Is it sufficient to somehow "ban" them from ever doing anything in video? Enforcing that in perpetuity's would only raise your blood pressure.
- Ken Sheppardson
I would take the emotion out of the equation -- find out what it would cost to defend and determine what it is worth to have exclusive/non-exclusive use (maybe some subjectivity here) and make the decision using that information.
- Brian Sullivan
I say defend it but only so much as to bring more media attention to your brand... once you have the media's attention you can use that to change the brand identity if you so choose. Your followers myself included will stay fans no matter what you call your brand, but I think you have an opportunity to expand and use twitter as a means of gaining media attention!
- Nathan McClain
If you don't do this you wont have a leg to stand on in the future when you need to really protect it. I can piss all over your trademark if you do not defend it.
- David Lloyd
Leo: in a trademark fight what is the ROI? I am sure it will be very expensive and not sure you will get much in return but if you forced Twitter to change its name I am sure they would quickly settle with you.
- Robert Scoble
I still think Twitter will be as irrelevant as MySpace in 2 years, but it's your brand to protect.
- Mike Lewis
Ideal Outcome: A $$$ settlement sufficient to comfortably fund the rebranding of TWiT.
- Ken Sheppardson
Robert makes a very good point. This could get messy and expensive, although it seems like those guys are VERY hard to work/interact with.
- Brian Daniel Eisenberg
while bryan lee makes a good point, their battles took a long time to resolve. but, don't let this deter you. i would suggest you defend it. if anything, i see you have a strong case and whatever happens can be in your favour. it's possible twitter can concede in infringing in your trademark and may be even consider licensing through the course of the battle. but be very, very patient for any outcome to happen.
- sɹǝɥʇɐǝɟʞɔɐןq
Dave: wrong. Leo is who got me on Twitter. His marks were more popular and predated Twitter's.
- Robert Scoble
I think Leo has a good chance at wining his case since he did register the copyright first. Twitter is still not a money making business. They are living off of VC money. They will probably not have the funds to mount a case since their money will be tied up with keeping twitter afloat. Am I right?
- Bryan Lee
Leo also got me on Twitter shortly after they went public.
- Mike Bracco
regarding AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) the battle was very different. one of the things found was that the company had an 'infinity' of other brands to choose. it's a very different situation in detail, although it looks comparable at face value.
- sɹǝɥʇɐǝɟʞɔɐןq
Or just have them become a premium sponsor. There used to be so much twitter talk before, I think they really should be owing you some gratitude for the traffic.
- Adi
As part of any settlement, you should demand Ev and Biz concede that individual Twitter entries are "Tweets", as embarrassed as they seem to be by that. They're net "twits" or "twitters"... they're "tweets".
- Ken Sheppardson
i'm sure something can be negotiated with twitter. a lawsuit in this case would show you're just defending your trademark because they are encroaching in your territory. you're not taking them on what they are known to do, their core competency. rather, it's stepping into your own grounds.
- sɹǝɥʇɐǝɟʞɔɐןq
not doing anything on purpose may weaken your trademark. many court cases also end up not going through the entire ordeal.
- sɹǝɥʇɐǝɟʞɔɐןq
Yep, I agree the day has come where it's either fight or flight. And I don't mean that quite the way it sounds. :-/
- Ken Sheppardson
I don't think you have much choice. Either you defend it or you lose it.
- Pascal Sijen
dave johnson: true, there's always a degree of uncertainty; but that doesn't mean giving up in defending one's investment in a trademark. it can be argued pragmatically and it's to the point where leo must defend his territory upon which twitter is encroaching. aye.
- sɹǝɥʇɐǝɟʞɔɐןq
I'm not sure you can win, are we aren't even sure what they're going to call it yet. If it ends up being Twitter.TV you have no chance to beat them.
- DarknessFalls
Leo: You must defend it or lose it. They need to know you also have the muscle behind you. I have the attorney that did all the trademark work for Terminator 1-4, Rambo, old timer who knows every angle. I have him on retainer and would love to join your cause. I can arrange a chat with him at no cost, then you can decide to move ahead, or if the cost seems to steep, I would be interested in partnering with you on the trademark. Fight on Leo! Let me know if you want to chat Thx Chad
- Chad Harris
Reading this I'm also thinking, if you move forward as some here suggest, be ready to go after Twitpic.com and every other Twit* variation to aggressively defend everywhere or lose steam on all fronts. Is that a good identity move? This is not a simple question to consider when everything is taken into account.
- Ken Camp
I'm of the opinion that twitter's initial success back in 2006 and 2007 was in part due to piggybacking on the brand name recognition that Leo had built over the years prior.
- Chris Heath
I think defending it is what you must do, but perhaps take a different look at it all together and suggest some kind of mutual PR blitz leading into a partnership or new brand identity for TWiT. Just don't call it SyFy!
- Aaron T. Harvey
The question here is would a "Reasonable person" confuse the two? I would like to think I am a reasonable person (even though I can't spell) and I would not be confused in the least. I love the Twit network and watch several hours a week, but I don't see the issue.
- Rob
I agree that since Leo has been a twitter evangelist all these years, they should be able to strike an accord somehow. Maybe even partnering up on the whole Twitter TV Show since Leo has the video presence online.
- Bryan Lee
You have to defend now, or 5 years from now you'll have a weaker case against the twitty podcast network.
- Robert Hafer
Rob, the question isn't whether or not you or I would confuse the two, but do the people who watch Oprah and maybe catch Leo on The Tech Guy confuse them...and they do.
- Aaron T. Harvey
Aaron...Do you really think they would. Am I that out of touch with the "Normal People"? If that is the case then I guess I would have to conseed that to be an issue. But I am still not quite convenced.
- Rob
Funny - I would enjoy the extra publicity - You have a loyal set of listeners - and none of us are confused. If people end up on your site -cause they are looking for twitter, maybe they will take a listen. People who are looking for podcasts on technology though i doubt will find twitter in a search.
- Laurence Gold
Rob, I've seen it happen, even with people "in the know". People think that TWiT is somehow connected with Twitter because of the name. It's a mistake that, while not happening with everyone--and maybe not even the majority--can end up costing Leo and co. money.
- Aaron T. Harvey
Protect what you worked hard to build
- Shawn Hickman
Had Apple been named "TWiT," you can be assured there would be no talk of a TwitterTV...
- Christopher A Carr
Of course you should perfect TWIT for media and tech. You have the prior art, use. It's an obvious move for Twitter to exploit their 'brand' into media. You must pursue Leo. You have been a crusader for fair-use, but there are times (like this example) where fairness requires accountability.
- michael sean wright
The commenter who noted that if you do not enforce your rights they may be weakened is generally correct. I suggest seeking an agreement that is mutually beneficial and recognizes your rights in the TWiT(R) trademark.
- erik pelton
The problem with defending your trademark is the public backlash it can generate. Think O'Reilly and Web 2.0 or Apple and Profit Pod. But in this case, if you are indeed convinced that there is some infringement of TWiT by Twitter, I think you'd be doing us all a favor if you could somehow head off their plans for a celebrity-stalking TV show.
- Dave
The problem is not really twitter, or a twitter video show, but all the people who says they just sent a twit. Also all the small companies with twit in their name, who are in the video/audio area. Twit radio, twitvid.io etc etc. I see no problem in protecting the brand. However it ends out you'll get a lot of publicity.
- Anton Tanderup
Leo, this could be an opportunity for you to come out ahead. Yes it's an awkward situation and yes you could fight this on legal grounds, but there's no win for you there. Here's a way for you to win. Today your brand is a split brand--split between "Leo LaPorte" and "TWIT." You can win by focusing more on building the Leo LaPorte part of the brand. "Leo LaPorte" doesn't equal TWIT, yr...
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- Michael Metz
man you gotta defend your name and trademark,whats next a twitter podcast network?
- cliff whitefoot
I think Ken Sheppardson sums it up nicely. I don't think you even need to retain a lawyer to start with the cease and desist letters, then see if they are amenable to a settlement, partnership or other remedy. It doesn't have to, and hopefully won't ever, come to a legal battle. However, it's clear enough that unless Leo hands them his mark and re-brands on his own dime, he must defend...
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- Richard pancakhaus Walker
Its funny... in a way you helped make twitter the juggernaut it is today.... all the free advertisement that you have given them over the years....LOL.. Maybe they should return the favor
- Nathan McClain
Hasn't Leo said he wants to add a second host to the network? Wouldn't it also confuse viewers if they were watching the Leo Laporte Network and the show was hosted by someone not named Leo?
- Norm Corriveau
Leo, some other people have made good points, if you're going after Twitter your also going to have to go after the other sites with Twit in the name: Twitpic, Twitpwr and Twiteverything or your case will be thrown out.
- DarknessFalls
DarknessFalls: he'd only have to do that if they all launched TV shows too.
- Martin Bryant
darknessfalls, you're not getting the scope. it's about leo's twit trademark on video and what twitter plans to do that's associated with it.
- sɹǝɥʇɐǝɟʞɔɐןq
If you haven't done so already, explore the Apple case, both the legal and business issues that Apple Corps encountered. And if you DON'T defend your trademark, what's Plan B? Remember that Twitter (or its future owners) may someday sue YOU.
- John E. Bredehoft
from fftogo
Leo, take your mark and make them all change names. Is this Ustream show even official Twitter? it looks pretty lame, like they just used the word, visual branding like twitter.com. http://www.ustream.tv/channel...
- rob friedman
Don't sue unless you can find a business case and a lawyer to take the case on contingency with enough potential gain that it all wouldn't have been a big waste of time for a couple hundred dollars. But I am not a lawyer (IANAL). In fact, the grown up thing for twitter to do would be to link to you with an explanation that they aren't you and visa versa.
- Eric Standlee
Defend your trademark. Why else would you have filed it in the first place?
- phil baumann
The best solution would be for Leo to produce the official Twitter show as part of the TWiT network.
- Martin Bryant
The brand is big because of Leo yes, but having the TWiT brand is important. There are shows on the network in which Leo is not in.
- Anton Tanderup
Whats the question? TWiT is yours Leo, you need to protect it, the TWiT Army is not only at your back but with 60% of new Twitter accounts not coming back, all you have to do is hold out and wait on it to fold anyways.
- Bush Williams
Anton, the band is TWiT - twit.tv? - TWiT netcast network... that is the brand...
- Chris Heath
It is totally unfair, but I want to see all of your focus and money going towards content, not legal actions. You will be endlessly sending out C&Ds or worse as long as Twitter is popular. That said, I do think you should squeeze some money out of Ev in order to cede the brand.
- invariant - farewell FF
Twitter offers more value to me than TWiT ever could. Sorry Leo, but this just seems like sour grapes.
- Shannon
Leo: You should do a This Week in Law on this btw.
- Anton Tanderup
Shannon - how much value you get from either brand is not what is at question here.
- Chris Heath
I'm not sure if this was already mentioned in the nearly 150 comments here, but Leo's link doesn't work. Here's a better link that I hope stays active: http://tess2.uspto.gov/bin...
- Eric Geller
You have a "defend or lose" obligation under trademark law. The TWiT brand has significant value, both from a revenue perspective and and the potential cost of re-branding al your sites, moving twit.tv etc., if you lose it. Protect the mark that secures your brand. Oh yeah, on that whole "big guy" theme: Because of your stable business model vs Twitter's Twitter's evolving one, an...
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- David Lounsbury
Shannon, the post asks for advice on how to be the best caretaker of a network and its trademark - your assignment of personal value should guide your own choices, but is irrelevant to the question at hand. How can it be sour grapes if failing to act now _could_ result in losing the standing of a trademark/brand which preceded those of other players who _may_ be crossing the line to the point of infringement.
- Micah Wittman
TWiT offers more value to me than Twitter ever could. Sorry Shannon, but this just seems like sour grapes.
- invariant - farewell FF
What a conundrum. I can't speak much to any legal considerations. But, on an emotional level, I would imagine that not defending and potentially losing the name must feel like smiling politely as an immigration official pins you with a random Anglicized name because your real, "ethnic" name is confusing to the masses in the new world, and making a fuss is to gamble the welfare of your...
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- Micah Wittman
@Ken Camp: Isn't twitter also a common english word which can't be trademarked? EDIT: Or Windows, for that matter?
- invariant - farewell FF
I think your best brand is "Leo Leporte". TWiT is just where Leos at.
- Matthew Snape
So I think we've established that common English words can be trademarked. So what's the criteria? Has to be a noun?
- invariant - farewell FF
of related note, i realise that twitter is indirectly facilitating twit offshoots upon registration. this is how: registering anything with 'twitter' in the username is *banned*. so, for a user already having their heart set on using twitter as part of their 'brand' might think of using 'twit' instead. this opens up a new can of worms figuring out who is using the twit name and doing video. like how they are doing now with 'twiter', they can stop it at registration to avoid further confusion.
- sɹǝɥʇɐǝɟʞɔɐןq
I say defend it. If they are doing a TV show, they're definitely stepping on your toes. Nevermind that I can't imagine their show would be any good, but that's a different story... :)
- Jan Ole Peek
What about TwiTips? If that isn't entertainment then what is? But seriously I own several trademarks myself and I know if you don't take action then you could lose the Tmark. You have a conundrum because Twitter is so popular. So I would recommend seeking a compromise so that you won't lose your mark and appear like the bad guy with the public. Perhaps a clearer definition of the terms...
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- BLOGBloke
Other than I think he needs to see a surgeon to fix that lean to the left he has,... I love the guy and have been listening to him for about 15...16...dang probabaly close to 18 years about tech news I love the guy. And to top it off! He knows what he is talking about!! Leo makes am radio worth a listen on the weekends!
- John Apostoli
TWiT is a network providing audio and video broadcast covering issues related to the tech field. Twitter is a social network used to connect people using the basic SMS tools. While people *may* confuse the issue by referring to Twitter messages as "twits, there is no evidence that Twitter has used or endorsed the term. Unless & until Twitter (as a company) starts using the term "Twit"...
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- David J. Garcia
I've said this privately, but I guess I will say it publicly.Defend your mark. It is your livelihood. There WILL be confusion if it gets to TV, where people are not tech savvy and have no idea who you are
- Francine Hardaway
Yes, it may be expensive, and yes, these fights are draining, Dave, but until the laws are changed (an entirely different question), Leo could lose part of his livelihood through the confusion, especially since he has advertisers who would probably want him to defend. Everything in the universe doesn't happen in Silicon Valley:-)
- Francine Hardaway
David - until now that has been the case, but Twitter is planning on doing a TV show (which would definitely be infringement), which is why this debate is happening.
- imperator3733
I would certainly want you to defend it but i don't think its gonna be possible for two reasons. First Twitter is a bigger, more powerful and certainly more loved brand with more money. and you were first to infringe the unofficial agreement by hosting Twit Army. in that perspective you might not be able to defend it legally.besides the audience you've built ain't gonna be affected by what twitter does.So consult a legal advisor & take best course of action. Best of Luck
- Abhishek
I think if you approach it in good faith--initially without lawyers--you have a very good chance to work something out. Ev seems to be a very reasonable guy. Perhaps it's best to draft a strategy with counsel before any discussions though. What's really in your favor(perhaps legally, perhaps not) is that Twitter can't deny how your support and promotion for it was incendiary to the...
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- Gregg Scott
What's the point of a googlefight here Nate?
- Chris Heath
Sorry but the Google fight site is loaded with pop-ups that even show through popup blocker.
- Usman Bashir
Usman, I didn't get any popups (using chrome on winxp) but still it's a hideous site
- Chris Heath
Twitter has a lot of investment, but I'm not sure all of that is liquid money. You may be even in the money spent defending your Trademark. I say go for it. Do it now though if you do.
- Jesse Stay
I can't believe how long this thread has gotten!
- Bryan Lee
Seems like you are getting a lot of FREE promotion as a result of twitter. My bigger concern would be not having the twit.com URL to go with your brand name. That's a big issue!
- Craig Shipp
@Craig, twit.com was registered in 1997, and it's parked.
- rob friedman
Twit is your trademark for the company you have built up. It seems rather unfair that they would brand their idea so similar. I would defend it and all the hard work you have done.
- Matthew Davis
Defend it Leo. Things may get ugly, but sometimes they just gotta.
- David Chartier
from BuddyFeed
Fight for you trademark! Especially since they knew of your prior use and now they are doing a TV show which they should know is stepping on your trademark.
- russellcoleman
Defend, owning Twitter may not be useful for you yourself, but you could make a profit off of it if you were to sell it. Go for it Leo!
- Zachary TG
If you decide to fight this I'll up my monthly donation.
- KyleHase
from twhirl
Leo, FriendFeed community, let's get practical here - Twitter has more resources and probably a decent case defending against what you could file. It would be a blow to your image, to TWiT's image, and be bad press overall. You have a far greater chance of losing credibility than gaining trademark protection. You need to look into other strategies.
- Ben Parr
I would thin kthat the thing to do is to gently but firmly convince them that they are infringing on your brand, that litigation would be damaging to both of you, losing community goodwill over the fight, and that it would be simpler, faster, and cheaper for both entities if they were to pay for your rebranding effort. Be prepared to present them with the estimated costs of litigation,...
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- guruvan (Rob Nelson)
Defend your Trademark. It's the responsible thing to do as a buisness.
- Donald Forth
More than a hundred comments, the community is twitting even on friendfeed. A legal action would be very difficult. You should first define your objective in doing so. Do you really want to protect your brand or settle for a lucrative compensation? Even if you get some sort of legal protection limiting Twitter to use or endorse the word "twit" to some extent, people will still be...
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- Cem ARGUN
Cem: I'm afraid I don't understand that first sentence of yours. Can you explain?
- Christopher A Carr
It's only infringement if trademark string parser is case insensitive TWiT® != Twit®
- KyleHase
And now for something completely different... watch the meetup room if interested in seeing Spamalot in SF as a group...
- Richard pancakhaus Walker
I would say defend it. Of course, I'm just a Twit.tv fan and not a lawyer.
- Joey Gibson
You lose so much credibility with all this nonsense.
- PC Easy
from twhirl
'all this nonsense'?? wtf is that supposed to mean?
- Chris Heath
Just leave it alone until they manage to make some real money off it, then litigate. That's how it's done you know.
- Will Higgins™
Yeah this is nonsense. If you think you really have a case, then don't make a big stink about it on Friendfeed. Just go take them to court.
- PC Easy
from twhirl
Leo, I am a long time fan and constant listener to all of you work. You are a more than fair and wholly honorable man. You have had TWIT long before I ever heard of a twitter. Go with your heart Leo. I am behind you. I understand you would impede progress of any positive kind. But a cease and desist letter. Seems harsh. I think you have a winner. Let them buy the TM. Power to the people. Go Leo, you deserve it. You do only good. You are one of a kind! RodneO
- RODNEY OLIVER
PC Easy: I don't think Leo's making a big stink. The idea that twitter would get into the tv/video business would be a big thing since they have a verbal agreement with Leo not to get into that business. This may be all for nothing, since the mashable article guruvan linked above states that twitter will not be doing a show. Leo was doing the best first step (imho) in asking the community for guidance in the event that the original reporting was correct (which it does not appear to be now). So moot point
- Chris Heath
I think if I was you Leo I would try to license rights to them and get some mula out of it. Remember "Leo Laporte" goes a lot farther than TWIT does and most importantly ever will.
- Eric VM
Maybe just sell it to them Leo for a gazillion dollars and retire. Keep the leaches out of it..meaning the lawyers. What the heck, Leo you are great at trend setting, you practically put twitter on the map. They owe you something.for all the pub you have given them since their inception.
- John Apostoli
Defend. There's really no reasonable alternative.
- Jason Clarke
You gotta defend it Leo. What's the point of trademarking in the first place.
- Joel Lovato
You have to defend what is legally yours.
- Michael Hansel
Twitter Responds: There is No Official Twitter TV Show- Mashable (May 25th, 2009 | by Pete Cashmore) -- http://mashable.com/2009... -- There is no official Twitter TV show—although if there were it would be fun to cast! In dealing with networks and production companies we sometimes have simple agreements. Regarding the Reveille and Brillstein project reported today,...
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- Chris Loft
Leo, suggest you go "open source co-branding" on this. Monetize your "twit" brand through creative brand licensing with emerging entertainment and multimedia microblogging companies that want to ride the "twitter" bandwagon. I can see creative corporate and individual co-brands like, TwitSounds, TwitFilms, TwitMedia, TwitCats, TwitBitch, TwitMechanic, etc...
- Mike Schmidt
If I hear the word "monetize" one more time, my eardrums will begin bleeding. That is all.
- wyclif
I don't want to over simplify this but if Twitter do branch into video and even streaming TV, surely the content would have to be substantially different to what TWiT already provides, otherwise they are at risk of spoiling their brand identity. Stay strong and true to the Tech news content and let Twitter, well do what ever they may do. Personally, I think it would be a mistake for them to go down this road. Time may be better spent further improving the existing service.
- Kevin J Hatton
Maybe it's a good time to Re-Brand. Twit has unfortunate connotations in some areas of the English speaking world. On this side of the pond a twit is an idiot. Until I became aware of Leo I gave TWiT a very wide berth. Branded simply as This Week in Tech it would have got my positive attention a whole lot sooner. Time to move onward and upward.
- Gilbert Harding
This was copied and pasted but sums it up so well : Of course, there's a larger long-term problem because of the way that Twitter has weakened _your_ brand. It might be less expensive (and a better use of your time) to rebrand TWiT into something that strengthens your brand and moves it away from Twitter; avoiding any future problems (and there will be future problems). You can't fight Oprah. - Professor Messer
- Fragtastic
A very worthy point - "I think that once you see the Twitter television show, you'll probably want to distance yourself as far away as possible. - Professor Messer"
- Fragtastic
I'll admit to being a little slow on the uptake to both TWiT and twitter and it took me some time to figure out that they were different things. I was listening to TWiT before I found twitter, and at first I wondered if I was mixing the names up in my head. I think there is real potential for confusion between the two names. Good luck in whatever you decide to do, Leo.
- Rick Reynolds
You could ride the wave of popularity Twitter is experiencing by allowing that confusion to blossom. Perhaps more people could start listening and watching your netcasts *because* of that confusion?
- David Hepworth
You need to defend your brand, however since you know the guys at Twitter maybe you can come to some sort of agreement that is the best interest of both TWiT and Twitter.
- Jim Lavin
I say defend the brand. I fully believe Leo and TWiT will outlive Twitter. It would be a shame to surrender the brand only to see it disappear in 1-2 years.
- Martin Johnson
I think you should definitely defend it. Whatever it will be called, Twitter-TV will make a big splash and Twit, being less mainstream than Oprah, won't even make a dent. And if they want your trademark, they should pay for it.
- Vincent van Wylick
I say defend it, if you don't the that opens the door to other infringements.
- Hunter
since you clearly took your name from This Week in Baseball, which deputed in 1977, should MLB defend their trademark with you?
- glenn simmons
Defend it! definitely, the trademark is rightfully yours and you need to hold on to it...I like twitter, but I like TWiT even more...
- Raymond
Glenn, you are wrong. There are many registered trademarks that contain "this week in"
- russellcoleman
See what you have started Leo? Twitter TV is not a patch on what you do. Now if it was professionally done, with great audio then maybe,
- Kevin J Hatton
Dealing with a similar issue (though not as big as dealing with Twitter). I say throw out a warning shot to protect your brand. Worst case they ignore you and you have to spend gobs of money to defend it. Best case they make you a $$ offer.
- Brian Niles
from Nambu
russellcoleman, exactly so why is Leo crying about twitter
- glenn simmons
Glenn, because "Twit" is Leo's trademark in the area of entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows.
- russellcoleman
Sorry Leo, does that mean I can't call people Twitts? Does it mean no one in a television or audio show can use the word twitt? I mean Twitter...TWIT...they have 3 more letters and their brand is based on communication not entertainment. Give up the ghost against Twitter by now dude. IF they were doing what you were doing MAYBE but what you are saying is noone can use the letters T W I or T .... don't become the next Monster.
- Sidney
Sidney, it means they can't use twit as part of their brand if they go into the areas Leo's trademark covers. We are talking about branding here.
- russellcoleman
Again, Twitter is a communication company looking to capitalize on providing television content the ability to have immediate interactive component...Nothing that TWIT does...so no infringement. Leo has always had the axe to grind with Twitter...if he was going to do something he should have done it immediately...
- Sidney
My understanding is that Twitter is going to have a TV show and that may infringe. My point above was to the suggestion that no one could say the word twit.
- russellcoleman
@Christopher Carr, I meant that twitting has become a generic expression going far beyond Twitter. Here on friendfeed we are twitting, an these lines are in fact twits... :)
- Cem ARGUN
As an anecdote, until now I thought TWiT was something twitter related, and I basically ignored it for that reason. I have learned over time that I'm often not a good representative of anything, but there was certainly brand confusion in my case.
- Robin Barooah
Robin: You're not alone. I thought TWiT was Twitter-related too :(
- Tech Introvert
At first, yep, I thought Twit spawned Twitter. But in a few nanoseconds, I knew otherwise. But in the mind of 'ordinary' (horrible term, sorry) user coming at Twit from Twitter surely they'll get the idea. But Twitter is SO pervasive, I'm glad that you've decided to take advice. I know nothing, but I feel you should protect your brand. Don't change your name. Change the game. On another tack, you checked out http://audioboo.fm ?
- John C Wesley Barker
"Again, Twitter is a communication company looking to capitalize on providing television content the ability to have immediate interactive component." - Sidney That is exactly what Leo's doing
- Anton Tanderup
news of twitter tv just hit the local abc news. they mentioned there's already direct opposition by celebrities ashton & demi who (according to their tweets) will quit twitter if this reality show sees the light of day (paraphrasing). this could mean -as they say & putting it lightly- 'my enemy's enemy is my friend?' odd yet amusing opposition from the hollywood. however, no mentions of twit and leo. :-\
- sɹǝɥʇɐǝɟʞɔɐןq
Twitter can look to capitalize on providing television content the ability to have immediate interactive component all they want. But I don't think they should do it in a way that can cause any confusion between them and Leo's network.
- russellcoleman
Sorry the only confusion people have had is what Leo has brought to the table himself. He should have stepped up long ago if he felt Twitter was going to create confusion and admittably it has and TWIT and Twitter don't even cross streams. I know for one if Leo wastes his money on litigation I for will be disappointed and believe it will harm the TWIT brand.
- Sidney
i know this thread is too long to read for many. re-quoting what leo said here for those who keep saying he should have stepped up long ago: "Ev told me that when they were considering names for Twitter they knew about TWiT and decided it didn't matter. In their defense, they had no idea what or how big Twitter was to become. We talked about trademark early on and both agreed there was no conflict _as long as we were in different spaces_. And therein lies the rub. - Leo Laporte"
- sɹǝɥʇɐǝɟʞɔɐןq
Very tough choice. I think these comments provide you with a fairly good sample of public opinion from people in tech, but it would be interesting to get input from the rest of the world on Twitter who have never heard of TWiT. It certainly won't cost much to send in a warning shot so they take notice and to demonstrate defense of your TM, but I would follow that up with a request to...
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- Phil Ashman
Give it up Leo ... You may win the battle ,, but you wont win the War IMHO ,, Unless you have deeper pockets than Twitter ... is your time/money worth fighting over it ? Only *you* can answer that!
- johnpiercy
This twitter thing is just a flash in the pan, you can wait them out ;-)
- Wolfman-K
If he fights and loses, at least he defended it, which is required to keep it. If Leo does nothing, he could lose it.
- Bwana ☠
How do people feel about Monster Cable suing companies that use the word Monster in their name? I feel the same here...except that Twitter just happens to have the same four LETTERS as Twit, as the beginning. They arent using Twit as a standalone word. C'mon.
- Andru Edwards
The only justification I can see in Leo going after Twitter is so that he can at least show he is defending his TM so he doesn't lose it as Bwana said...otherwise I think it is a losing game that will be a waste of resources that TWIT could utilize in other productive pursuits.
- Sidney
The Monster Cable example doesn't really work. They were suing companies that were in different spaces. Now with Twitter doing a TV show, that is in the same space as TWIT and Leo has the trademark for it.
- Mike Child
Everyone should read this: http://blog.twitter.com/2009... It has been linked a few times in this discussion up above, but bears linking again based on recent comments - From what I can tell, it doesn't look like twitter will have a tv show - so this whole point is moot - leo may have to defend his trademark against these 'other' shows if they use the word twit in their name, but i don't think they will
- Chris Heath
Leo -This is a battle that will be HELL. Yet, it is critical you fight it. I had a couple situations very much like it in telecommunications late '80s early '90s. I should have fought. Give them a run for their money. It will cost you $$ and resources. But, with Twitter's new direction - man - you're a journalist at heart... You already know - you've got to fight for your right!
- Arleen Boyd
Man this is a tough position to be in. Honestly, I can't see TWiT or Twitter changing brands/names. However, Leo, you were first and you have the trademark to back it up. I say defend it!
- Doug Jones
Make them pay you a million in cold hard cash for the TWIT name and change your name to TWIG - This Week In Goodness :-)
- Richard Bitting
When you see such services as "TwitThat" (http://twitthat.com/), with that spelling of "tweet", there is an incredible amount of confusion waiting to happen !
- arnaudt
arnaudt, good point. and again... TWiT does NOT = twitter - so leo has no case. twitter themselves dont use 'twit' in any way. they barely if at all use 'tweet' in any way. they began as 'twtr' in like 2006. twitter is NOT an abbreviation for anything as TWiT is. twitter is not solely behind producing an entertainment property.. they are granting rights to others to do so and in some...
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- sull
sull, TWIT does NOT have to = twitter for Leo to have a case. People just have to be confused enough to adversely impact, or even potentially impact, Leo's business.
- Chris Gardner
Chris, i think it does for him to have a 'good' case. You cannot prevent Twitter from letting media entities use twitter as part or their 'shows', even if twitter as some levell of partnership. In the end, it will cost Leo money to lose a trademark case. Proving, for example, that an MTV show tentatively named 'what you're watching' that uses twitter and facebook etc as fundemental components for audience interaction has any negative effect to the TWiT podcast.
- sull
sull, there just needs to be a likelihood of confusion. The Court there announced eight specific elements to measure likelihood of confusion: Strength of the mark - Proximity of the goods - Similarity of the marks - Evidence of actual confusion - Marketing channels used - Type of goods and the degree of care likely to be exercised by the purchaser - Defendant's intent in selecting the mark - Likelihood of expansion of the product lines
- Chris Gardner
Oh, and TWiT is not just a podcast. It is a live streaming net video network. There are on and off talks to take to cable also.
- Chris Gardner
Chris, thanks for pointing those elements of liklihood. Still, i think that even for the case to have a leg to stand on, twitter would need to have a 'show' specifically named in a way that may cause confusion. That has not happened. Trying to prevent the word 'twitter' from being used at all in marketing and branding via "visual and audio performances" because of the TWiT trademark seems a stretch and will prob result in negative publicity for Leo. Anyway, maybe we'll see. Interesting.
- sull
sull, agreed interesting. Also, this will probably not go anywhere near the courts. Ev Williams and Leo know each other and get along (not many in the industry that Leo does not get along with). They will work things out.
- Chris Gardner
For those who are unaware, people have to take action to protect their brands otherwise they lose their trademark. My suggestions and observations: 1. Look for win-win 2. It all seems moot anyway http://blog.twitter.com/2009... tho this is a fascinating thread 3. If twitter did ever go ahead with this it would be a fairly simple compromise for them to...
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- Isha (Marysia)
You need to defend it. I don't know that you'll stop twitter from launching their show but you have to fight it to keep your trademark valid. You for sure need to go after twitvid.com and twitvideo.com!
- The Griff
Defend the trademark. It could make the difference on winning a future trademark case with another company.
- David Ebaugh
Defend it. It was your long before Twitter was even around. Like someone else said what is the point of calling your network that if as soon as a bigger fish comes along you cave. Don't give in to the man Leo!
- Mr. Thomas
Leo. I am not a lawyer and don't play one on the Internet. It sounds like you have no real case against Twitter, but the producers of the rumored tv show are a different story. Even then, it depends on what they are doing with the subject matter. Is it *about* Twitter, or simply about people who use Twitter? Will they ever use the term, "twit" in the show? It certainly couldn't hurt to...
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- Jake Overton
While this is getting a lot of buzz now, it didn't even occur to me till it was posted. I think both have built their brands, both have similar sounding names but are different. Isn't TWiT an acronym? I would be more concerned with TWiB (This week in Baseball) going after Leo if he goes on TV as his show title is clearly a play on theirs, and not Leo being concerned about Twitter... ;) Either way Leo, you got some free publicity for your program/site out of this.
- mike wood
Let's not forget that use of anything in an editorial context is considered fair use.
- Ryan Brodkin
I also feel that you have an opportunity for even more publicity if you can work the TWiT shows into the TV show, joining them rather than fighting them. You will get publicity either way, but there seems to be a high road and a low road (or perception thereof). Good luck and keep up the great shows.
- Jake Overton
So far I don't think there is a conflict with Twitter, unless there is a Twitter TV show. Although you should fight sites like http://twitvid.io . Plus if you win, you could have an awesome domain for video downloads when you want to offer them.
- Mister IQ
Apparently there's a popular twitter client app in Japan called "Twit" http://wakoopa.com/softwar... It's the first "twit" result on Google Japan and Yahoo Japan.
- KyleHase
I dropped godaddy a few years ago, it felt really good. I'm more than happy to pay for non-shady-companies.
- matthew john ernisse
I never recommended Yahoo, but what's wrong with godaddy?
- Eric Standlee
I bought a com domain via google the first year was $1.99 and for the second year they wanted $30! I stick to 1and1 for $6 year.
- Tony Speer
Is the godaddy move as a result of Leo?
- Chris Lloyd
Good on ya. I'm slowly moving mine away from GoDaddy too. just can't handle their underhanded business practices and lowest common denominator marketing.
- David Chartier
from BuddyFeed
Where are you exactly moving to? I am in need of several domain names, yet I need a .tv domain name. Any help would be appreciated.
- Zachary TG
Tony: 1and1 were pretty rubbish when I dealt with them and feedback from other people I know they felt the same regarding they're experience with 1and1
- Nicholas James
Ryan: Where are you moving them to? I moved all mine over to Godaddy they're customer support (well the UK one) has been excellent too never had to wait on the phone when I've needed them.
- Nicholas James
I've got a few at Netfirms. It's not too bad as far as I can tell.
- raphaeL
For the UK I've only had good experiences with 123-reg... seemed to be something to do with Pipex... been really reliable and helpful
- Chris Lloyd
Consider Tucows: b/c CEO Elliot Noss (@enoss) is fantastic, responsive, smart, totally wonderful, and would love to have you.
- Denise Howell
Save it folks, Ryan doesn't live here (4 comments total on his FriendFeed account, the last one in February).
- Sprague D
1UP Sprague...and the original entry was fed in from Twitter.
- Derrick
funny how we can all gather around someone's idea that isn't here to see any of the conversation, and still get value out of it.
- guruvan (Rob Nelson)
ryan (who doesn't live here, but would have to see this at some point ;-)), happy to help. check out http://hover.com . it is our (Tucows) retail service. same goes for any of you. best url forwarding for domains possible. denise thrives with it!
- enoss
Then I suppose you will look at Apple after that...?
- Jude
I have been on Linux since slackware pre 1.0. All of the modern distros of Linux rock for their purpose, but I have come back to Ubuntu over-n-over. That has meant thousands in computer systems that I haven't had to pay for all of Gates software. I recently heard Leo Laporte and gang on TWIT.tv talking about how when windows first came out Gates bragged about programming it on their version of Unix. Over 16 years sober from Windows and counting.
- Eric Standlee
This is old. Guitarists have been using Digital Processors for effects for years. But in the end, there is nothing like a Fender Bassman '59 with a Ibanez Tube Screamer.
- Jackson Pollock
They bought. They always buy. Jony's team builds every type of computer we can imagine. The lab is filled with every project imaginable. He is an ever perfectionist. No 1st editions from Apple.
- Jackson Pollock
I would like either a slide out keyboard or one of the ones where the keyboard can swivel out and your tablet turns into a little laptop...
- Johnny Worthington
Sorry I wasn't able to make it to the show today Leo.
- Robert Scoble
Moblin trailer makes it look really good
- Matthew
If you notice, Apple keyboards have become lower and lower (keys are thinner). They are guiding us through evolution until the keyboard is a screen with vibration on touch. They patented this a while ago, and I'm sure that's where it's going. We're comfortable with the Apple keyboards as they are now, and becoming comfortable with the iPhone keyboard
- Jackson Pollock
At this point the Pre should be called the Post.
- Jackson Pollock
Sam, yes. While building the AppStore and preparing for iPhone 2.0, they had what they called web apps, which are sandboxed in the browser. You can't do anything, but at the same time you can access it anywhere on any platform.
- Jackson Pollock
Sam - the difference is that the Pre won't need connectivity to run the apps. But AJAX is only nice because of it's compatibility with many platforms. If you're writing an app for a single device you can do better with native code.
- invariant - farewell FF
Yes great show, refreshingly different.
- James Beake
Looking forward to the Google show. Right now, I think the Gillmor Gang is the best show on TWiT.
- Wo
I would love an occasional "history of the tech industry" podcast, with people who were there back in the day.
- Thomas James
I tried listening to the Gilmour Gang but was immediately turned off by the love affair the Gang had with Pres. Obama. I ended up listening and subscribing to No Agenda instead.
- Charles LePage
Leo hi ,its an interesting video about sound ,"Steve Weiss invites Dave Schwarz, Nick Barbieri and Jeff Beaumont to discuss how to get the best sound with DSLR’s in this video. “The real sign of an indie project to me is in the sound”. Steve Weiss, product designer, Zacuto USA. http://vimeo.com/4782593
- Johni Fisher
Why doesn't Audible support Linux? I am pretty much all Linux now.
- Eric Standlee
Did you see my facebook pics and videos? I still have more to upload. We didn't do it all as that would take a month, but we did some main ones. Washington is EXPENSIVE. No wonder people move from there to Houston. Can we say Sticker Shock?
- Eric Standlee