Roundup: MySpace, UK ISPs, Craigslist, and Apple

What happens when you don’t post quite as regularly as you should? You get a little backed up. So, without further ado, a collection of happenings in the COO world.

  • In response to increasing pressure on ISPs to commence crackdown on file-sharing, stat, Charles Dunstone, head of Carphone Warehouse, tells the BBC it is not his job to be an “internet policeman”. Per the story, he said: “Our position is very clear. We are the conduit that gives users access to the internet. We do not control the internet, nor do we control what our users do on the internet. I cannot foresee any circumstances in which we would voluntarily disconnect a customer’s account on the basis of a third party alleging a wrongdoing.” Carphone Warehouse operates the Talk Talk broadband network, which is Britain’s third largest.

Outstanding. And need I say again how dangerously foolish it would be to attempt to legislate that ISPs take responsibility for cracking down on file-sharing, and what a nightmare of related liability it would open up for said ISPs with regard to other (and, dare I say, more serious) Internet-related crimes, not to mention the sheer impossibility of any such filtering, no matter how well-intentioned? Lather, rinse, and repeat. Next!

  • Apple is threatening to sue the city of New York over what it views as infringement on its Apple logo. New York City (which, seriously, can’t the Big Apple claim some biggole prior art, here?) attempted to trademark the logo for its new GreeNYC environmental awareness program. Apple issued a formal letter of opposition to The City’s trademark filing, saying: “[GreeNYC’s logo] so closely resembles Apple’s [logo] that its use is likely to cause confusion, mistake or deception in the minds of consumers.” Let’s have a look, shall we? (Image borrowed from www.crainsnewyork.com.)

Apple vs. Apple

Oh, yes, I totally see it now. No, in all seriousness, it may be the stickiest part of trademark law: you must defend your trademark or risk losing it. If someone goes around slapping an Apple on things, it is incumbent upon Apple to raise the flag and defend its spoils, no matter how bad the PR (and wow, is this bad PR). Maybe the real problem here is that New York City attempted to trademark its new apple in the first place. Perhaps they’d never have drawn Steve’s ire if they’d just gone Creative Commons with their new good-deed logo. Maybe try that next time, Mr. Bloomberg. Nächst!

The biggest news about this story was not that Craigslist wanted to shut down the Craigslistblog site (see above re. protecting trademarks, and this one would uquestionably lead to confusion about the not-real-thing vs. the real thing). It’s how truly rude and nasty CEO Jim Buckmaster’s communications were with blogger Tim White, and how that relationship is continuing to deteriorate before our very eyes, which Buckmaster now claiming, via the real Craigslist blog, that White was running “deceptive textads.” I can’t speak to the latter, although the screenshots are damning. I can say two things, one of which I said earlier.

First, sometimes, defending your trademark opens you up to some bad PR, and whatever your actual feelings about this guy, it probably would have made good business and public relations sense to approach White as a collaborator in building the brand, rather than a mere squatter. After all, Craigslist was built on the goodwill of a passionate following, and that passionate following is probably of the “hate the man” variety.

Second, and for the record, Buckmaster’s been recording a little “Best of Craigslist” show since at least the beginning of March, while White announced his feature on March 21. Even if “infringement” is an ugly word, and Buckmaster doesn’t write the friendliest C&D I’ve ever seen, the Craigslist blog certainly doesn’t get all the benefit of the doubt. They probably should have seen this coming. Et enfin

  • A good read over at the Register, where Andrew Orlowski paints the new MySpace music service as a coup for the record labels that shuts out indie artists, hijacks sponsorship opportunities, and may lead to lower royalty rates for composers and songwriters. A good addendum to the question of what these big social nets owe the artist in the long run. If you believe Orlowski, MySpace certainly isn’t pioneering a kinder, gentler handout.

3 Responses to “Roundup: MySpace, UK ISPs, Craigslist, and Apple”

  1. Micah Erskine says:

    Perhaps it is easier typed than done, but can’t the independent artists simply pick up their marbles and go and play somewhere else?

    Is their value not portable to any portal where they choose to congregate? Is there not then a golden opportunity for an independent-minded musical entrepreneur to start a portal where a right to a share of the possible future sale price of the whole is explicitly granted to contributing artists?

    MySpace no longer serves your needs? Fine. You were never going to get rich from throughput on MySpace anyway. Move on. You want to make a living as a musician? Make your music available in as many venues as possible under Creative Commons – while at the same time allowing fans the option of paying you for it – and tour, tour, tour. If you have a compelling product and know your audience well you will make a good living.

    Meanwhile, News Corp and MySpace can go hang for all I care. Internet fads and fans are fickle. Their user base could evaporate in a week if they rub people the wrong way (see Friendster, Dodgeball, et. al.) and then where would their return on investment be?

    Ultimately, the content creators have the power since they are the ones creating the lion’s share of the value. So go ahead music labels, wake the giant, and when y’all get disintermediated into non-existence by less usurious terms of service, I can say I told ya so.

  2. dogboi says:

    This is a pretty good roundup of “ownership” news.

    RE: Charles Dunstone – *clap*, *clap*, *clap*. ISP’s=Telecoms in my opinion, which means they should get a pass on this.

    RE: Apple – Intellectual Property law is broken. This has been apparent for a long time now. But if we fix it, we dismantle an entire industry built around it. There are lawyers, accountants, etc, who specialize in intellectual property. If we fix it, they may go away.

    RE: craiglist – Shame on craigslist. This was handled VERY badly. Is it going to stop me from using craigslist? Probably not. But I’ll go to other sources first, and leave craigslist as a last resort.

    RE: Myspace Music Store – Since Myspace’s target audience is the exact same audience that pirates most of their music, I don’t see this as being a winner. And independent artists need to stand up as one and say Goodbye to Myspace, and anyone else who makes a deal with the major labels to shut them out. More and more, the RIAA seems like an illegal enterprise. Say it all together now: “RICO”.

  3. Bookmarks about Textads says:

    [...] – bookmarked by 3 members originally found by MarvinHamon on 2008-10-26 Roundup: MySpace, UK ISPs, Craigslist, and Apple http://cultureofownership.org/?p=26 – bookmarked by 2 members originally found by [...]

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