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Re: [videoblogging] Re: Videoblog Directory Opening Up

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  • Andreas Haugstrup
    On Fri, 01 Apr 2005 14:52:02 -0000, Steve Watkins ... I didn t know if you were aware that there s a difference, so I thought I d point
    Message 1 of 13 , Apr 1, 2005
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      On Fri, 01 Apr 2005 14:52:02 -0000, Steve Watkins <steve@...>
      wrote:

      > Yes I emant trademark, but in the past Ive mostly studied patents so I
      > keep using that word in err, sorry for the confusion.

      I didn't know if you were aware that there's a difference, so I thought
      I'd point it out. :o)

      > Anyway trademarking the term podcast, if sucessful, would potentially
      > have big consequences for everyone using the term in the name of their
      > shows etc. But in practise these legalities still require the owner to
      > have sufficient funds to go through the courts etc to defend their
      > property, the cost of cease and decist letters to podcasters alone
      > would probably make podcast an unwise choice when attempting to
      > exploiting the name by grabbing "ownership" of it.

      What could happen is that the guy decides to sue Adam Curry or whoever,
      and the court will determine (hopefully) that podcast is a generic term
      and thus un-trademarkable.

      But with the wonders of the US legal system what also could happen is that
      the guy just sends out cease and desist letters, and no one wants to spend
      money going to court so the trademark is never actually challenged.

      Hes going to have a hard time though. Trademarks have to be actively
      enforced, and I doubt he's got the cash to sue everyone in the the US who
      use the term "podcast".

      - Andreas
      --
      <URL:http://www.solitude.dk/>
      Commentary on media, communication, culture and technology.
    • Steve Watkins
      Yes I emant trademark, but in the past Ive mostly studied patents so I keep using that word in err, sorry for the confusion. Anyway trademarking the term
      Message 2 of 13 , Apr 1, 2005
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        Yes I emant trademark, but in the past Ive mostly studied patents so I
        keep using that word in err, sorry for the confusion.

        Anyway trademarking the term podcast, if sucessful, would potentially
        have big consequences for everyone using the term in the name of their
        shows etc. But in practise these legalities still require the owner to
        have sufficient funds to go through the courts etc to defend their
        property, the cost of cease and decist letters to podcasters alone
        would probably make podcast an unwise choice when attempting to
        exploiting the name by grabbing "ownership" of it.

        Software patent issues though, hmm I just dont know how much to worry
        about them. I hope they arent used to stifle the opensource and
        shareware etc end of the software market in the future. Im thinking of
        specific examples such as whether any of the features of ANT are
        covered by patents, whether we need to worry about that stuff or
        whether its not worth worrying about until (if ever) that bridge needs
        crossing. Whatya reckon?

        Cheers

        Steve of Elbows

        --- In videoblogging@yahoogroups.com, "Andreas Haugstrup"
        <videoblog@s...> wrote:
        > On Fri, 01 Apr 2005 14:42:12 -0000, Steve Watkins <steve@d...>
        > wrote:
        >
        > > On the same subject, I see somebody is trying to patent the term
        > > podcast!
        >
        > Trademark, not patenting. Huge difference.
        >
        > - Andreas
        > --
        > <URL:http://www.solitude.dk/>
        > Commentary on media, communication, culture and technology.
      • Andreas Haugstrup
        Thanks for the clarifications. They helped a lot. ... Look at explode(), trim(). That sort of stuff. PHP has excellent string/array manipulation. :o) ... Do it
        Message 3 of 13 , Apr 1, 2005
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          Thanks for the clarifications. They helped a lot.

          > Initially I wanted to keep my code very simple (I'm a php neophyte);
          > I'll look at that.

          Look at explode(), trim(). That sort of stuff. PHP has excellent
          string/array manipulation. :o)

          >> Why not just link normally? I guess I'm not understanding this short
          >> version business..
          >
          > This one's quite subtle. The only "placeholder" template tags that I
          > have available are either <BlogLink> which is the full url to
          > the current entry (e.g.,
          > http://www.herecomespod.org.uk/vlogdex/arc260405.html#ID268 ), <BlogID>
          > (e.g., 268), or which is the entry
          > number or <$FileExt> (e.g., .html) which is the file extension of the
          > page. I don't have the information there to know where a file
          > is stored to hard code the template, nor can I truncate the full url
          > back to the file name stem in HTML. So I need to do it after
          > the fact - which requires Javascript. I guess I could do it server-side
          > by putting ASP in the template, but I've kept clear of that
          > in these blogs so far.

          Do it on the server. Lots of people (and Google) have javascript turned
          off, so it's not a good idea to use javascript for something vital.

          - Andreas
          --
          <URL:http://www.solitude.dk/>
          Commentary on media, communication, culture and technology.
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