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TWiT is suing Twitter, alleging breach of contract and copyright infringement

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Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#41
post #21

Earlier quoted context omitted.

I know there's a show called This Week in Tech, but do people actually call it 'twit'?

They actually do, yes. Source: Listened to many Leo Laporte podcasts over the years, but stopped a couple of years ago, due to the noise/ads to content ratio.

I used to listen to TWiT but signed up for Audible based on their recommendation of the service and I stopped listening to podcasts and listen to audiobooks!

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#42

How is this any different from patent trolling? Nobody confuses TWiT for Twitter, or vice versa. I don't think TWiT should be in a position to make money off Twitter's entry into video, just like some random patent troll shouldn't be able to monetize ludicrous patents

Totally agree, this is a case of "intellectual property gone too far". Twitter didn't become big because of riding on the back of the TWiT trademark, and if people have heard of TWiT, no one confuses it with Twitter.

It's usually the case that the property owner is some big multinational company (like Disney or something) and the supposed infringer is some small artist. This time, it's reversed: Twitter is the 900-pound gorilla and TWiT is the plucky underdog. But the principle is the same, this is an absurd lawsuit only possible because of the modern legal system's screwed up obsession with intellectual property.

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#44
post #8

Leo laporte is not a cool guy.

I've been listening to some of his podcasts but narrowed it down to only SN. On his other podcasts I get news that I have already picked up here (days earlier). I remember that the drop that did it for me was some guy on his M$ podcast 'commanding us' to be good slaves and shut up about the M$ excessive and intrusive telemetry because if M$ wants something we should just shut up and comply. Leo also tends to invite p…

I like Security Now. And when Fr. Robert Ballecer is covering for Leo I simply love it. Leo is a little clueless on the hard issues, and Fr. Robert can milk more info out of Steve and go to more in depth discussions. Too bad he's leaving the network...

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#45
When twitter was new and fresh, I could see this happening... there was a time when more people had heard about TWIT than twitter... but those times have changed, now I'd assume it's many orders of magnitude that people have of twitter and no clue that TWiT exists or has ever existed. Maybe twitter could just buy them out and make them a part of the core service somehow - everyone can get money and press and benefits. Guess the lawyers make money either way.

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#46
post #34

Earlier quoted context omitted.

The difference is that somewhat haphazardly, Ev created an oral agreement and then confirmed the existence of the agreement in an email stating that Twitter wouldn’t violate it. There’s now a paper trail saying that Twitter wouldn’t do this, and that basically confirms that at minimum a breach of contract has occurred. Patent trolls wait forever to take action on patent use only after a company gains susbstantial pro…

For the contract to be valid, there needs to be "cause" for confusing TWiT with Twitter. Most people would agree that there's no cause here, voiding the "contact"

From TFA: "At that time Williams, on behalf of Twitter, acknowledged the confusion which likely would arise from the use of TWITTER in the marketplace, as well as instances of actual confusion which already had arisen."

It doesn't matter what "most people would agree" if the defendant themselves are on record acknowledging the problem.

I've never heard anyone confuse Apple (The computer company who sell music) with Apple (The record company founded by the beatles), yet you'd be a fool to not see the problem in the overlap when Apple were on contract saying they'd only use it in the computer industry and then started venturing into the music industry.

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#47

I find it quit nonsense. And moreover, why don't they sue twitch then too in the first place?

I upvoted because Twitch is a really interesting case. The Levenshtein distance between the trademarks is closer, and Twitch is pretty much entirely focused on video, which makes it encroaching on TWiT's domain of business.

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#48

does anyone remember the name of the alternate microblogging platform leo laporte was using when this first came up ~ 10 years ago? I remember one episode he just gave in and used twitter.

Jaiku. It was bought by Google and disappeared because of Google+

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#49
post #46

Earlier quoted context omitted.

For the contract to be valid, there needs to be "cause" for confusing TWiT with Twitter. Most people would agree that there's no cause here, voiding the "contact"

From TFA: "At that time Williams, on behalf of Twitter, acknowledged the confusion which likely would arise from the use of TWITTER in the marketplace, as well as instances of actual confusion which already had arisen." It doesn't matter what "most people would agree" if the defendant themselves are on record acknowledging the problem. I've never heard anyone confuse Apple (The computer company who sell music) with A…

I would say the great majority of people would think Apple Records is part of Apple music.

Re: TWiT is suing Twitter, alleging breach of contract and copyright infringement

#50
post #42

How is this any different from patent trolling? Nobody confuses TWiT for Twitter, or vice versa. I don't think TWiT should be in a position to make money off Twitter's entry into video, just like some random patent troll shouldn't be able to monetize ludicrous patents

Totally agree, this is a case of "intellectual property gone too far". Twitter didn't become big because of riding on the back of the TWiT trademark, and if people have heard of TWiT, no one confuses it with Twitter. It's usually the case that the property owner is some big multinational company (like Disney or something) and the supposed infringer is some small artist. This time, it's reversed: Twitter is the 900-po…

Part of keeping a trademark valid is the owner's work to enforce it. If Laporte does nothing, he risks having his trademark slowly overrun.
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