Scobleizer - Latest Comments in Will Apple sue PodTech.net? (My employer)

Re: Will Apple sue PodTech.net? (My employer)

baceman007 — Wed, 16 Jul 2008 10:20:57 -0000

Suing bloggers is just ridiculous. What is Apple going to start doing, suing people for speaking about their products in public too? That's essentially what a blog is. Not only is it a gross violation of 1st Amendment rights to sue bloggers, it also makes me think that they're covering something up. Why not let people talk about their products? If they're built well they'll stand up to commentary. Perhaps in a year when they've had widespread MacBook Seagate HDD issues, tried to sue bloggers, and released Leopard with many bugs before it was ready they fell it necessary to attack their customers. Still, in general, any publicity is good publicity. As one blogger said on another site "I still love Apple even when they're suing us," or something of that nature. As dumb as I think it is to protect a company that violates your 1st amendment rights, we have to remember that in the end Winston loved Big Brother. Anyway, when consumers talk about Apple products it is good for other consumer. Consumers should demand their rights to talk about companies that they buy products from so they can hold those companies accountable when they release crap and over charge for it. This should be a basic consumer right. It drives me nuts that 90% of people can just switch to Linux at this point anyway, but we continue to put up with Apple's iFascist tactics. Oh, I better say in my opinion in case they try to violate my rights. Anyway, if you're podcasting you should be able to say podcast. In general you should be able to say it in any way shape or form. If Apple has advertised it it is probably part of public culture anyway. How can you release terminology publicly and then sue for people doing free advertising for you, etc.
What a bunch of assholes.

Re: Will Apple sue PodTech.net? (My employer)

portrait painting — Tue, 27 Nov 2007 22:12:25 -0000

This should have been prevented if people were only conscious about copyrights and intellectual rights property. But in fairness to other companies, I think Apple should be a little considerate and investigate more prior to submitting a case or complaint. Because the more that we run after anyone in order to pull them down so we can rise above, the more that we will sink.

Re: Will Apple sue PodTech.net? (My employer)

AppleIsEvil — Fri, 19 Jan 2007 01:55:11 -0000

Let's just call them "casts".

I listened to the cast on Apple's litigation processes, have you seen the cast on iPod sweatshop conditions... It will be fine. Because of the popularity of Youtube, video casts might end up being called tubes. Casts and tubes, it's all fine.

Re: Will Apple sue PodTech.net? (My employer)

Buddy Serhus — Mon, 30 Oct 2006 18:08:11 -0000

MS was 1st to Patent Podcast, says NYT.

Re: Will Apple sue PodTech.net? (My employer)

hillary — Mon, 16 Oct 2006 02:44:02 -0000

i'm late to the discussion here... long time reader, first time poster. :)

just wanted to "third" the suggestion of FEEDCAST. i've seen it floating around a handful of places, and i think that's the term that makes the most sense.

i agree with leo, let's move on from "podcast." and as a PC gal, i'm happy to stop giving apple the free marketing!

Re: Will Apple sue PodTech.net? (My employer)

shel israel — Sun, 01 Oct 2006 14:44:27 -0000

Why doesn't Apple just change it's name to something new? I suggest iPud.

Re: Will Apple sue PodTech.net? (My employer)

Jorgie — Sun, 01 Oct 2006 08:53:17 -0000

13 comments? Holy s**t.

Anyway. If the name is going to change, they need to drop the *cast* part too. It implies *push* technology, not *pull*.

*Cast* implies that you need to be there at a certain time or you will miss it.

I vote for *audiofeed*, or *issue*, or *web program* or just about anything else that does not contain *POD* or *CAST*!

Re: Will Apple sue PodTech.net? (My employer)

tamar — Sat, 30 Sep 2006 21:51:42 -0000

I personally like "podcast." Netcast, mediacast, webast... those just don't sound as catchy. "Podcast" is like a whole new generation of flavors.

Re: Will Apple sue PodTech.net? (My employer)

John C. Welch — Sat, 30 Sep 2006 21:43:07 -0000

Robert, if you seriously think that people are naive enough to think that comments get the same ranking as your headlines, then either:

a) People are dumber than even I thought

b) You have an even lower opinion of them than I had thought

c) all of the above.

As well, other than this case, which has as much to do with what mypodder DOES as anything else, I find it astonishing that we've not seen a massive flood of C&D letters. maybe a handful. At most.

By your accusation, Apple would be having to flood everyone from you to Birdseye. Yet, that doesn't seem to be happening.

mypodder, being software that interacts with an iPod is really dancing on the line there, and that then brings all their other products into a big thorny trademark questions.

However, you didn't bother to get ANY of the facts yourself. You saw a nice juicy headline, and Dvoraked it.

Way to go Snap-On.

Re: Will Apple sue PodTech.net? (My employer)

missbhavens — Sat, 30 Sep 2006 17:13:40 -0000

eeeek. Well I'm torn. I never liked how "podcast" was inadvertently associated with ipods. Anytime I've ever said the word "podcast" to someone who does not know what it is immediately assumes that you need an ipod to listen to it. This has never stopped me from using the termmm...it's way too late. It has seeped into the vernacular and Apple couldn't pry it out with a crowbar. And even though I never liked "vlog" as a word--your mouth just trips on it-- I have to reject "vidcast" because it leaves out the "blog" aspect of what so many people out there are doing. I always went with "videoblog", which leaves everything else to be described as "video on a website". Clunky, I know, but that's what it is. "Vodcast"? Jesus, no, please. What's a "vod"? It's still reminiscent of "pod". Perhaps videoblogs should be called "me-casts"?

The only logical way to distinguish audio podcasts from video podcasts is to call them exactly that for as long as we're allowed to, which will be forever because I doubt Apple will expend too much time & energy suing little people over "podcast". Using "pod" within the name of companies and products not sanctioned by Apple is, unfortunately, another story.

All these terms (vidcast, vlog, podcast, webcast, pidcast, poo-cast) are completely random anyhow. We can call these shows-on-the-web anything we please. I think I'll start calling my video podcast "pancake" because I really like pancakes.

Oh, fine, fine. I won't. I'll call it something non-pod-related that somehow describes what it is without giving a hint as to its content:

CompVid.

There.

Re: Will Apple sue PodTech.net? (My employer)

Kevin Murphy — Sat, 30 Sep 2006 15:06:00 -0000

I still haven't figured out why they're called Podcasts anyway. Back in the first bubble they were called "MP3s".

Re: Will Apple sue PodTech.net? (My employer)

ajcann — Sat, 30 Sep 2006 06:26:55 -0000

The thing which distringuished _casting is the use of a feed, so it's FEEDCAST!
How do I trademark that?

Re: Will Apple sue PodTech.net? (My employer)

Robert Scoble — Sat, 30 Sep 2006 05:28:34 -0000

John: this is why I have open comments, so the record gets corrected by you. Yes, they are going after people who are using the word "pod."

The point still stands. Last time I checked "pod" is part of "podtech." And it also is part of "podcasting."

Re: Will Apple sue PodTech.net? (My employer)

John C. Welch — Sat, 30 Sep 2006 00:09:18 -0000

So RObert, now that the C&D letter was actually posted on this whole mess, are you planning on another post talking about how Apple wasn't ACTUALLY going after them for "podcast"?

Or are you content to let inaccurate postings rule yet again.

You know how I tell you "You should do better with that fact gathering, you tend to burn yourself when you don't" and you reply "Screw you, I'm not waiting, i know i'm right this time", and you rarely are?

Has it ever occured to you that maybe your way kinda sucks here?

Re: Will Apple sue PodTech.net? (My employer)

Kai — Thu, 28 Sep 2006 05:12:33 -0000

Or we could go further back revisit 'Push' ... perhaps calling it 'Pull technology' ?

Pullcast... ah... isn't this thread dead yet?

Re: Will Apple sue PodTech.net? (My employer)

tj — Wed, 27 Sep 2006 20:19:15 -0000

I agree that it would be pointless to try and change the use of "podcast" now - - it's in the vernacular and minus perhaps a BIG marketing investment, that seems unlikely to change.

My inner geek is compelled to point out, tho, that the posting of media "casts" (aud/vid/whatever) to the net is NOT what's new - hell, we've been doing that for well over a decade.

It's the fully personal, customized, seamless, time-shifted aggregation of said media. There's even already a word for it: broadcatching.

http://en.wikipedia.org/wik...

fwiw.

Re: Will Apple sue PodTech.net? (My employer)

Jason Hartley — Tue, 26 Sep 2006 22:52:00 -0000

Time to start considering using the term MODCast "Media On Demand" Cast. It seems like a better option than VODCast or AUDcast which the description is to limiting by describing the type of program (video/audio). This is still short, simple, and easy to remember. It should also help clairify that you don't need an "iPod" in order to download and listen to or view the media, which many consumer still misunderstand.

Re: Will Apple sue PodTech.net? (My employer)

Stephen — Tue, 26 Sep 2006 22:02:16 -0000

Hey Robert, just drop the 'O' in the written version and keep the great logo and call it PDTech. Or like m00 says. Everyone who knew it before will still refer to it as podtech. Kind of like short form on a licence plate...

Re: Will Apple sue PodTech.net? (My employer)

m00 — Tue, 26 Sep 2006 17:25:32 -0000

There are several seemingly mutually contradictory strategies to be adopted:
1) Inertia. Example: podcast.
2) Respect Apple's position and acknowledge their exclusive rights to dictate how the word "pod" may and may not be used. Example: netcast, mediacast.
3) Use the rename as an excuse to bring attention to Apple's disgraceful conduct. Example: zunecast, stevejobscankissmyhairybuttcast.

We can unify all three strategies by calling it a p*dcast (pronounced "podcast", and spelled with an asterisk).

Re: Will Apple sue PodTech.net? (My employer)

Dmitri — Tue, 26 Sep 2006 14:37:17 -0000

How would apple like it if we all started saying . . .

ZUNECAST.

See how they like their free brand-building going to the competition!

Totally Hapless.

Re: Will Apple sue PodTech.net? (My employer)

BillB — Tue, 26 Sep 2006 14:32:07 -0000

Apple might as well insist podiatrists rename their profession to footology.

Re: Will Apple sue PodTech.net? (My employer)

Rob @ podcast411 — Tue, 26 Sep 2006 11:12:19 -0000

http://media.libsyn.com/med...

Rob,

I am disappointed in how much you really missed this story by.

I did some journalism work on this and got to the heart of the story - you can hear it at the link above.

Rob @ podCast411

Re: Will Apple sue PodTech.net? (My employer)

Chris — Tue, 26 Sep 2006 09:52:15 -0000

Mosely Vs. Secret Catalogue.

This is will help decide all trademark dilution. The case is to solve the conflict on the interpretation of the FTDA- to see if there was economic harm to prove “dilution under the FTDA.” Trademark law is part of a broader law regarding English common law in the Trademark Act of 1946. But prohibitions against “trademark dilution” are not part of common law. The law passed by congress definitely needs to demonstrate “actual dilution” rather than the likelihood of dilution.
The key legal issue in this case regarding the meaning of the FTDA is “mental association” does not reduce the capacity of the famous brand to identify its good, which is what the FTDA requires. The Supreme Court decided regarding this issue that there is not enough evidence to support the judgment on the dilution count. If a consumer can distinguish from one product to the other then there isn't enough evidence to support dilution on the trademark. Apple is not to smart to take on this supreme court decision.

Re: Will Apple sue PodTech.net? (My employer)

print — Tue, 26 Sep 2006 07:16:00 -0000

What gets me is when people make a big fuss that 'netcast' and 'audiocast' are their views and their ideas. Podcasting is a stupid word and I have stated that on many occasions. It does nothing more than add more baggage to technology and more layers of jargon for people to penetrate / congratulate themselves on.

I can't fucking believe people are just waking up to this.

Re: Will Apple sue PodTech.net? (My employer)

nevins manafe — Tue, 26 Sep 2006 04:41:53 -0000

youre right!