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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

#61

Post by walshemj »

HenryBemis wrote: post #36
simooooo wrote: 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…

Ever been on radio? you'd be surprised how often non professionals say um,er when you listen to your self after the fact

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

#62

Post by Retric »

jjeaff wrote: post #51
Shank wrote: post #35

Earlier quoted context omitted.

The legal case is that Ev, the CEO of Twitter at the time, confirmed the existence of an oral contract that precludes the two companies from crossing domains. Breach of contract.

Wouldn't there have to be some kind of consideration for it to be a valid contract?

Not getting sued counts as a consideration. Remember TWiT is a much older company.

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

#63

Post by digi_owl »

mankash666 wrote: post #31

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

I must admit, i am more likely to confuse them with Twitch than Twitter. Never mind that i had actually forgotten who they were at first.

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

#64

Post by fhars »

jjeaff wrote: post #49
jVinc wrote: post #46

Earlier quoted context omitted.

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.

https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

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

#65

Post by smallnamespace »

jjeaff wrote: post #52
smallnamespace wrote: post #18

Earlier quoted context omitted.

You may be right on these specifics (and I'm sure Twitter's lawyers will spend hundreds of hours searching through all the possible permutations), but on the other hand, as long as someone is acting in the capacity of a corporate officer with duly appointed authority, and makes an agreement in that capacity, then the agreement binds the corporate entities . Whether that officer then informed other members of the comp…

Except an agreement isn't really the same thing as a contract. For a contract to be legal, there has to be "consideration". I'm not sure if anything qualifies as consideration in this case.

Allowing use of an existing trademark is a form of consideration AFAICT, although I'm not a lawyer.

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

#66

Post by RamenJunkie_ »

nailer wrote: post #21
baddox wrote: post #6

Earlier quoted context omitted.

That’s probably a very acceptable outcome! It’s been years since I followed Twit and similar video content, but it was a big part of my “nerd upbringing.”

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

I've always called it TWIT.

Which is also the name of the network, which has a bunch of other shows besides TWIT.

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

#67

Post by RamenJunkie_ »

RainaRelanah wrote: post #37
the_unknown wrote: post #14

On a related note - it turns out that he's been running the New Screen Savers show for a while now - didn't even know about it. Happy memories watching the original show - I'll have to give this a try. Oh, and some of the old team pop in Kate Botello, Patrick Norton, etc. So there's one benefit to suing Twitter - it gets your name in the media again and all of us old timers can reminisce and catch up on the new serie…

I watched the first ~30 episodes and honestly tried to love it, but I couldn't do it. These days I find Leo so insufferable and conceited that not even my nostalgia for TSS can save the new show. If they spread the role of hosting around more like they did back in the day I would love it. But most episodes didn't feel like TSS, they felt like The Leo Show with Leo Laporte starring Leo Laporte.

I find Leo seems to come and go with being annoying. You can tell when he's stressed or something in the background becomes he gets really awful. I kind of wonder if it would be better if he were in front of the camera a bit less in an overall sense for the network.

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

#68

Post by b3lvedere »

digi_owl wrote: post #63
mankash666 wrote: post #31

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

I must admit, i am more likely to confuse them with Twitch than Twitter. Never mind that i had actually forgotten who they were at first.

About time i made a new company!

I think i'll call it Twicflix.

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

#70

Post by syshum »

mankash666 wrote: post #31

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

>>Nobody confuses TWiT for Twitter, or vice versa

I would not be so sure on that, atleast not when it comes to legal confusion. After all no one Confused Apple the computer corporation, with a Grocery Store that used a Apple as a logo, yet Apple the Computer Corporation used market confusion to squash their logo....

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