Apple Claims They Own The Term "Podcast" [Archive]

WyethDigital

Sep 24th, 2006, 10:39 AM

From what I can tell of Apple's complaint against Podcast Ready (http://www.podcastready.com/), Apple's biggest (and most reasonable) complaint is the naming of their software, MyPodder. The complaint about the company's name is much more frivolous.

maybe so, but the word podcast was invented by apple, and they were the first people to setup a service to allow you to share it with other people over a popular program

Actually, Apple did not "invent" the word. They invented and trademarked the word "iPod." Not "podcast." "iPod." Before iTunes there were, and still are, other popular programs that catch podcasts and move them to portable devices. The term podcasting was in existence well before Apple incorporated a directory into iTunes.

Look, just because Apple builds the iPod, it does not mean they invented "podcasting." As Jack so well put it, Apple did not write the scripts to:
1) Syndicate media.
2) Move said syndicated media from it's aggregator to your MP3 player.

Your argument rests on trademark, and that is a whole other area of law. I personally don't think Apple has a leg to stand on, as the only confusion the podcast audience seems to have about the word is that they think you need one to get one (which you don't). It certainly doesn't create confusion the other way around ("If I don't download podcasts, how will I listen to my iPod?").

Eric

WildeGeek

Sep 24th, 2006, 10:46 AM

maybe so, but the word podcast was invented by apple...
A very little research (http://en.wikipedia.org/wiki/History_of_podcasting) will show you that this is incorrect.
...and they were the first people to setup a service to allow you to share it with other people over a popular program
Hmmm. This is a little more slippery. The first podcasting client software (podcatcther software) was definitely NOT written by Apple, and it wasn't even their innovation to build a directory into their software client. I was producing my show for four or five months before a version iTunes became available that could download it.

But was that software popular? Popular with who?

808Talk

Sep 24th, 2006, 12:45 PM

So does this mean Podcast Alley will have to drop the world "podcast" and just call it *******Alley?

:shock:

Everyone has been telling listeners to subscribe in iTunes and download iTunes and now Apple goes and does this?

Oh and what about PodShow, are they going to have to drop the word "pod"?

Barefoot Radio.com

Sep 24th, 2006, 01:31 PM

All words have a root in the language somehow.

My sister and man others go on and on about apple and how grand they are and how rebellious they feel for going mac over windows, but in the end I don't think it's very different. They've got the similar hearts, and the bigger apple gets, the more like microsoft they'll become, policy wise anyways. I think this is some evidence for this.

It's not a matter of being rebelious.

I've been using Mac for about 3-4 years now and I've never once gotten a virus.

I've had to reinstall Windows on every tower I ever had dozens upon dozens of times for one stupid reason or another. Windows is such a pile of **** that I can't wait to rid it from my workings and life completely.

Hell yes there's tons of pride in owning a mac. It increases productivity because it's not unstable.

Microsoft's XP is a pile of crap from hell, however, I still appreciate it for what it aspires to be. It's 'the best' MS OX so far, but that's hardly enough.

It seems plausible that Apple has had very much to do in recent history with popularizing the word 'pod.'

How productive was anyone on Windows 98??? ME???? 2000??? XP????

I had viruses on EVERY single one.

I have had NO Virus experience on my macs! NONE. To poo poo mac and not take this into consideration is to ignore one of the most valid points why apple computers are better. This is just '1' of the many reasons.

My powerbook is my lover. I'm going to collect powerbooks and macbook pros throughout my life as I upgrade to newer models. I'm going to take all of them at the end of my life and have them melted into an apple branded tomb, where I'll have my old deceased body stuffed and put on display with the current macintosh top of the line computer of the day. There will be a massive chocolate fountain draining onto a great golden statue that is me, grasping an apple and walking on the moon, surrounded by my Macbook Pro evironmental control force field bubble. People will be able to shower naked in chocolate while visiting my tomb on the moon, whilst they play with the newest macintosh in my dead, golden hands. How am I gonna make this golden statue walk with a constant chocolate shower??? Apple will come up with something.

By then if we're lucky our brains will be uploaded and 'virtually' immortal.

Yeah....

Barefoot Radio.com

Sep 24th, 2006, 01:38 PM

If apple was the first to trademark it, it would seem quite hard for anyone to wrestle that away legally.

On a philosophical level I find it strange people can put mark on words and phrases and claim to own them.

I personally invented podcasting 1 million years ago. I owned it that long, that's how I know it's WAY more mine than anyone else's. I invented it and it's written in stone with a chisel.

??

Craig

Sep 24th, 2006, 01:56 PM

The latest news...
http://digitalflotsamwp.podshow.com/?p=78
Haha, nice try PW. I know podshow needs some help getting traffic these days but we don't need to go to their site to get the news. FYI readers its just a bad joke, very bad joke.
I thought it was a reasonably amusing commentary on the situation. (Especially the "Tr"!)

Craig

WyethDigital

Sep 24th, 2006, 04:56 PM

I thought it was a reasonably amusing commentary on the situation. (Especially the "Tr"!)

Craig
I actually thought it was quite amusing myself.

I'm constantly amazed at how a post about one thing can be turned around into a hate-on-Podshow thread simply by virtue of who is partaking in the discussion.

This is a Hate-on-Apple Legal thread, not a hate-on-Apple product thread, a Hate-on-PW thread, or a Hate-On-Podshow thread. Just in case anyone else was a little confused.

Eric

Hittman

Sep 24th, 2006, 05:34 PM

Everyone has been telling listeners to subscribe in iTunes and download iTunes and now Apple goes and does this?

A few of us have been suggesting that weâ€™re not doing ourselves any favors by encouraging newbees to use iTunes. We all know that itâ€™s impossible to get in touch with them if they screw something up, or decide, for reasons that are never explained or defined, that youâ€™re banned from their listings.

One of the primary beauties of this medim is that itâ€™s not controlled by any single corporation. But if 90% of the podcast listeners are getting their shows from iTunes, it might as well be. Get de-listed, and your show, for all practical purposes, ceases to exist. Those 90% canâ€™t find it.

jake359

Sep 24th, 2006, 05:52 PM

The second coming of Jobs is proving himself to be as much of an evildoer as people claim Gates to be.

True MacOSX, and previous MacOS's have been pretty impervious to virii. Their proprietary hardware, however, and it's tendency to self destruct, does not inspire confidence. I use both. I like Macs, but find I use Windows more.
And yes, XP is long in the tooth and never really lived up to it's hype. But I find it relatively stable and have been able to do away w/ most of it's annoyances.

Apple trying to lay claim to the word "Pod" is preposterous. They should embrace the fact that everyone thinks of them everytime they hear anything with "pod", or with an "i" before it, for that matter. And if they're concerned about reputation and/or quality, perhaps they should look at their own hardware before criticising anything made by anyone else.

pwfenton

Sep 24th, 2006, 06:27 PM

Haha, nice try PW. I know podshow needs some help getting traffic these days but we don't need to go to their site to get the news. FYI readers its just a bad joke, very bad joke.

Nice try? What is your problem, Jack? It's my **** blog. What has Podshow's traffic got to do with any of this? This was a link to MY comments on this Apple business. Comments I had already made before this thread started.

What should I have done, Jack, that you could have found acceptable? Please tell me.

EclecticMix

Sep 24th, 2006, 07:08 PM

Everyone has been telling listeners to subscribe in iTunes and download iTunes and now Apple goes and does this?

A few of us have been suggesting that weâ€™re not doing ourselves any favors by encouraging newbees to use iTunes.

You can always either point them to http://oneminutehowto.com/Subscribe/Subscribe.asp or you have permission to take whatever you wish from that page and place it on your own.

We all know that itâ€™s impossible to get in touch with them if they screw something up, or decide, for reasons that are never explained or defined, that youâ€™re banned from their listings.

If you have a music podcast then one of the advantages of belonging to the Association of Music Podcasting (http://MusicPodcasting.org) is the conduit to Apple in those situations.

Cheers -

george

EclecticMix

Sep 24th, 2006, 07:21 PM

[clip]
I've been using Mac for about 3-4 years now and I've never once gotten a virus.

The last virus I had was in 1997. My suggestion to anyone is to install AVG (free) and don't worry about it. I guess if Apple had more than 3% of the marketshare then virus writers would care.

Hell yes there's tons of pride in owning a mac. It increases productivity because it's not unstable.

I worked for a good size alumni association (about 80 employees) and although I was not in the department that produced the monthly magazine, I can tell you that the people there were ALWAYS complaining about the instability of their Mac systems.

Microsoft's XP is a pile of crap from hell, however, I still appreciate it for what it aspires to be. It's 'the best' MS OX so far, but that's hardly enough.

[clip]

My opinion is that both Windows and Mac are crap because they're closed systems. As far as I'm concerned, the only reasonable solution is a current flavor of Linux, and I'm working in that direction.

Cheers -

george

kickasspodcast

Sep 24th, 2006, 08:33 PM

surely there's a law firm out there somewhere who wants to make a name for itself by defending the podcasting Davids in this case against Apple's Goliath. Apple has no more of a right to claim use of the term "podcast" than it does to claim "pod".

Could not agree more Craig, they used the term "pod" because it already had a definition that fit. P O D is also a known acronym for "portable on demand". I've been glad to watch the evolution of the wiki entry for "podcasting" (http://en.wikipedia.org/wiki/Podcasting) as the format continues to grow and be defined. Great to see only 1 mention of itunes (buried deep) and zero mention of Apple, a fitting article for something that independent users created.

@ Paul, dude, had no idea that you were such a fanboy bro, sorry you've had trouble with windows boxes in the past, if you are happier and more productive with your mac then great, I've heard nothing but story of crash after crash with new macs, I also like to do some serious gaming and yknow be able to shop around for components. Just goes to show there is no perfect computer for everyone.

Nice try? What is your problem, Jack? It's my d*mn blog. What has Podshow's traffic got to do with any of this? This was a link to MY comments on this Apple business. Comments I had already made before this thread started.

What should I have done, Jack, that you could have found acceptable? Please tell me.

Wow PW? Sensitive, did I strike a nerve with the Podshow being desperate thing? Wow man, so you can tell a lame joke but I can send out a zinger with some truth to it? What are the download numbers for podshow's top shows? How many shows does podshow send out a day? week? month? what's the attrition rate?

How does podshow's (who's applying/applied to trademark the term podshow) get to poke fun at Apple for doing the same thing? Don't I recall people getting some fuzz from Podshow for using the word Podshow in ther name? Hmm.... oh yeah, here's a thread (http://www.podcastalley.com/forum/viewtopic.php?t=8551&start=0&postdays=0&postorder=asc&highlight=) on just that! BTW- A quick search of TESS (http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk) clearly shows that Podshow Inc. wants (and may have) the name Podshow and I'm sure they'll sick their lawyers on people as fast as Steve Jobs.

PW you need to take your blood pressure medicine or something, you tell a joke that some people here think is funny, understandable when you look at how horribly unfunny some of the most popular "comedy" podcasts are, I'm not at all suprised. Like how some people actually find poorly written, over acted radio dramas entertaining, I guess its true there's some **** out there that somebody will enjoy. Seriously though, relax PW, Its just your **** blog, its just a bad joke, its just forum post, relax dude.

Before iTunes there were, and still are, other popular programs that catch podcasts and move them to portable devices.

Are you sure?

jack

WyethDigital

Sep 24th, 2006, 08:47 PM

PW you need to take your blood pressure medicine or something, you tell a joke that some people here think is funny, understandable when you look at how horribly unfunny some of the most popular "comedy" podcasts are, I'm not at all suprised. Like how some people actually find poorly written, over acted radio dramas entertaining, I guess its true there's some **** out there that somebody will enjoy. Seriously though, relax PW, Its just your d*mn blog, its just a bad joke, its just forum post, relax dude.
Talk about needing to relax and get back on the meds...

Before iTunes there were, and still are, other popular programs that catch podcasts and move them to portable devices.

Are you sure?
Ummm... :? Yeah. If there weren't, podcasting wouldn't have been able to take off to the extent that it did, thus catching Apple's (and everyone else's) eye.

Here's an idea for you Jack: Take the corn cob out of your ***, because it really doesn't do much to help you stay up on that high horse of yours. You're looking a little wobbly. :roll:

Eric

kickasspodcast

Sep 24th, 2006, 09:00 PM

Ummm... :? Yeah. If there weren't, podcasting wouldn't have been able to take off to the extent that it did, thus catching Apple's (and everyone else's) eye.

I still don't know Eric. Is that why Podcast took off like it did? Because there was software around and after itunes came along?!?! Could this be true?!?!?

Here's an idea for you Jack: Take the corn cob out of your a**, because it really doesn't do much to help you stay up on that high horse of yours. You're looking a little wobbly. :roll:

Eric

What high horse am I on? I'm not some shameless company like Podshow or Apple trying to claim words they didn't invent and bully others for using them. Who am I suing again? What bad jokes (that require pictures btw) am I telling? Am I the one stating the obvious by explaining that podcast specific aggregators existed before, during and after iTunes? No, your that guy. You're always that guy. Have fun being that guy. PW can have fun being the "lovably corny" old guy with the Santa beard, and you both can call me an *****le and Curry can call people at the pickle negative. Then we can all destroy ourselves in polemics as Satelite radio and Mainstream content providers absorb every possible new listener. I can deal with that, PW can't, he'll lose money, so will you with your "How to be a Girl" (or whatever) show. Your obviously not getting any trim from it (and I think its totally safe to say, neither is PW) so its gotta be the cash right?

Jack

WyethDigital

Sep 24th, 2006, 09:31 PM

What high horse am I on? I'm not some shameless company like Podshow or Apple trying to claim words they didn't invent and bully others for using them. Who am I suing again? What bad jokes (that require pictures btw) am I telling? Am I the one stating the obvious by explaining that podcast specific aggregators existed before, during and after iTunes? No, your that guy. You're always that guy. Have fun being that guy. PW can have fun being the "lovably corny" old guy with the Santa beard, and you both can call me an *****le and Curry can call people at the pickle negative. Then we can all destroy ourselves in polemics as Satelite radio and Mainstream content providers absorb every possible new listener. I can deal with that, PW can't, he'll loose money, so will you with your "How to be a Girl" (or whatever) show. Your obviously not getting any trim from it (and I think its totally safe to say, neither is PW) so its gotta be the cash right?
First off, you know nothing of our business, just as you know nothing of me. I'm not going to bother explaining it to you, either. You'll just have to catch that news on your own. Suffice to say, we're quite satisfied in the direction we're heading.

As for what "high horse" you're on, it's pretty obvious from your above screed. You're Jack! Young and Bearded! You scream in here on your invisible high horse denouncing anything and anyone who seeks to make a profit! I find it terribly funny, btw, that the Amish would be laughing at Santa Clause over the beard. Very funny! Good laughs! Wanna talk about "obvious?"

No, my little Pickle, if you wonder why mean ol' people pick on you, it's because you invite the response you get. I know it's obvious (it's what I do, after all), but you get called on the mat because you put yourself on the mat. If AC called the Pickle "negative," it's a pretty good bet he had a reason. If I said something obvious, it's because someone wasn't getting the obvious -- like the guy who said that Apple invented podcasting. Sure, all of us know that Apple didn't, but there's some people who apparently do not. If the comment isn't directed at you, or covers something you already knew, then why do you bother even paying attention to it?

Patrick from NLO used to come down like a ton of bricks on any poor n00b that dared ask a question that had been answered before. He'd tell them to not podcast, to go **** themselves. He'd berate anyone who tried to help them. I see you in that same light. Only difference is, Patrick is apparently smart enough not to care about that stuff anymore. You on the other hand come around every couple of full moons to get your angry off on the folks at PodcastAlley and Podshow. My, how big of you.

Eric

kickasspodcast

Sep 24th, 2006, 10:42 PM

If AC called the Pickle "negative," it's a pretty good bet he had a reason.

Eric,

This is the difference between you and me. A clear dividing line in judgement, reason, and assumption. I could not, fundamentally disagree more, the exact opposite of your statement is true. You are 100% wrong.

Patrick from NLO used to come down like a ton of bricks on any poor n00b that dared ask a question that had been answered before. He'd tell them to not podcast, to go f*ck themselves. He'd berate anyone who tried to help them. I see you in that same light. Only difference is, Patrick is apparently smart enough not to care about that stuff anymore.

WTF?!?! A reply to me merits a whole paragraph on Patrick Melton? Well Eric, you won't find much bigger fan of Patrick, Adam, Tony and NLO than me (btw- FYGN), I ****ing love that show, and those guys are hilarious, they are exactly what Podcasting needs more of. If anyone disagree's with that last statement, you're missing the (content related) point. And Eric, why kick P. Melton in the balls then back-handedly compliment him by saying at least he's smarter than me? I'm sure he's got me down on podcasting and computers and server management, but I'll take him on a panacotta, or ceviche, frenching lamb racks, cleaning flatfish...

You on the other hand come around every couple of full moons to get your angry off on the folks at PodcastAlley and Podshow. My, how big of you.

I'm a working Chef Eric, I have plenty of healthy, yet work related ways to get my anger out without having to come here. I'm baffled that most of the times I post, you feel the need to describe me in the setting of this forum and make hay out of who I am, what I do, why I do it, how high my horse is etc... You are, as expected, not capable of understanding the joke.

That PW, who works for Podshow, who themselves worked to start TM'ing and Branding the term "Podshow" would chide Apple (with a bad joke fwiw) for doing the same thing is hypocrisy. This isn't the 1st, 2nd, or 37th time Adam, PW, Ron or someone else from Podshow has been a total hypocrite, and yes, I'll admit, I take some pleasure in pointing it out. What Adam Curry said he was going to do was exactly the opposite of what he did do, don't blame me man, I didn't make him not do what he said he was gonna do, I didn't stop him from doing the right things, he's personally attacked me more than once, and promoted racist podcasts, and permitted pedophilia as well as offered cash to his own listeners for information on people he had grudges with. He's sued, and lost (justly). He, and his company can go to hell. They've done nothing for podcasters, only helped themselves. They've not promoted the best, only from within, they've actually promoted crap and probably turned some people away from this format due to Mr. Curry's opinion being 100% for sale. IE: Heather and Jonelle.

If you don't get it, you're not paying attention. PW gets it, that's why he flamed me back, because I hit a nerve. Podshow is struggling, big time.

Jack

But let's get to the point...

Does Apple own the term Pod?

I say, no!

Barefoot Radio.com

Sep 25th, 2006, 06:37 AM

I understand the points Jack is making and reiterate that it's very strange when people want to claim ownership to a word.

Comparing Jack to that fatso is just silly. Jack's not nearly as mean spirited toward everything.

That PW, who works for Podshow, who themselves worked to start TM'ing and Branding the term "Podshow" would chide Apple (with a bad joke fwiw) for doing the same thing is hypocrisy.

Seems like it, but this seems like such a silly thing to get worked up over.

What's 'fwiw?'

The word POD totally belongs to me now. Mooohahahahahaha!

:?: :lol:

pwfenton

Sep 25th, 2006, 06:50 AM

PW gets it, that's why he flamed me back, because I hit a nerve. Podshow is struggling, big time.

You think that when I asked you to tell me what I could have done for my post to be acceptable to you, that you were being FLAMED? Geez, I guess I need to ask again. What should I have said in my REPLY that would have been acceptable to you (and not a "flame")? Because I didn't think I was flaming anybody. I was just wondering why you needed to jump on my post which consisted of a link to my latest blog entry, which happened to be on the subject that was being discussed in this thread?

Is this post a flame? If it is, I got some real learnin' to do.

Craig

Sep 25th, 2006, 07:14 AM

Someone needs to print up some t-shirts:

"ALL YOUR PODCAST ARE BELONG TO US." -Apple

Craig

AmericanCliche

Sep 25th, 2006, 08:22 AM

P-Dub,

I thought it was funny. Made my Monday morning.

-Scott

theFerf

Sep 25th, 2006, 08:56 AM

Someone needs to print up some t-shirts:

"ALL YOUR PODCAST ARE BELONG TO US." -Apple

Craig

ROFL!!! I just may do that.

Hittman

Sep 25th, 2006, 10:03 AM

What is your problem, Jack?

Thatâ€™s been a mystery since the day he showed up here.

Wow PW? Sensitive, did I strike a nerve with the Podshow being desperate thing?

I canâ€™t speak for P-dub, but my impression is he was just wondering why you were being such a hole.

One might as well ask why a woodchuck is so woodchucky.

WyethDigital

Sep 25th, 2006, 01:58 PM

Well Eric, you won't find much bigger fan of Patrick, Adam, Tony and NLO than me (btw- FYGN), I ****ing love that show, and those guys are hilarious, they are exactly what Podcasting needs more of.
Well, that explains a lot.

You on the other hand come around every couple of full moons to get your angry off on the folks at PodcastAlley and Podshow. My, how big of you.

I'm a working Chef Eric, I have plenty of healthy, yet work related ways to get my anger out without having to come here. I'm baffled that most of the times I post, you feel the need to describe me in the setting of this forum and make hay out of who I am, what I do, why I do it, how high my horse is etc... You are, as expected, not capable of understanding the joke.
Maybe it's because you're incapable of telling the joke! But I'm glad to hear you've got your anger in check. We all need an outlet.

Now let's get something straight: I don't know any more about "who" you are or what you "do" outside of this forum (nor do I really care), any more than you know who I am or what I do (and you could probably care less). Can we at least agree on that?

Now, keep what we just agreed about in mind for a second or two. I was commenting on your behavior and your history in this forum, and I did not bring it up until you (with a capital "Jack") attacked both PW and me with a sarcastic post. Go back and reread it. If you don't like being told that you are arrogant, angry, sarcastic and hypocritical, then don't act that way.

And for the record, I have no desire to defend PW Fenton, nor does he need (or I'm sure want) me to. As I'm sure he can attest, he and I have also disagreed in the past on Podshow's handling of things. That doesn't mean I smear the guy every time I see him. He has an awesome show, a clever blog and some opinions I agree with. Hell, you and I have things we agree upon. But the real difference we have isn't in "logic and reason." The big difference is that you've got a Podshow-sized chip on your shoulder, and I don't.

Eric

PS -- And I agree, Apple does not own the term "pod." See?

PODKIVE

Sep 25th, 2006, 03:41 PM

apple doesnt own the term pod (just yet). They do have a trademark application open for it but anyone can oppose to it within 1 year of filing. they also trademarked ipodcast a year ago sept 4th 2005.

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78706746

so if godcast wants to dig deep into his pockets, I do hope god is on his side.

kickasspodcast

Sep 25th, 2006, 04:19 PM

Well Eric, you won't find much bigger fan of Patrick, Adam, Tony and NLO than me (btw- FYGN), I ****ing love that show, and those guys are hilarious, they are exactly what Podcasting needs more of.

Well, that explains a lot.

Really? What does it explain Eric, why don't you elaborate on that. I'd love to know what you think that explains.

Maybe it's because you're incapable of telling the joke!

Maybe, but it could be that you weren't around during alot of the things I mentioned re: Podshow/Curry

The big difference is that you've got a Podshow-sized chip on your shoulder, and I don't.

Uh? Your the fanboy who's hung up on believing that if AC calls pickle people negative than surely he's got a good reason. I've already said it before but I honestly think differently about the character and motives of Mr. Curry and his Podshow. We fundamentally disagree on this, perhaps you've not done your research, perhaps you've learned some podcast history and simply do not care.

To a fault, I care.

Jack

Craig

Sep 25th, 2006, 04:56 PM

WyethDigital

Sep 25th, 2006, 06:06 PM

To a fault, I care.

Jack
Yes, to a fault you do. But that's your prerogative, Jack. I have done research, and I have seen the comments. Take a look at how long I've been a member, Jack. The fact is, I've seen your rhetoric, and the rhetoric of others, added in AC's tremendous and fragile ego, divided it all by the BS factor on both sides, and have come to the conclusion that both sides generally have their heads up their collective asses.

In other words, you're right. I don't give a crap what you and AC have to say about each other or what you have to say about Podshow. I do give a **** when you can't separate your contempt for the Adam Curry/Podshow collective on a completely unrelated post from the topic at hand.

You know, for all your defensiveness, self righteous indignation and quote/re-quote tactics, you haven't addressed a fundamental question: If an answer to a question or a comment is obvious to you, then why do you bother responding? If PW's joke was lame to you, so what? (PW's joke wasn't directed at you. No one made you follow the link) And what was it that made your own "obvious" answer to the guy who said Apple invented the word "pod" ok, but not mine? How do you justify your double-standards? "Logic?" No. "Judgement?" Well, maybe "judgmental"

Eric

kickasspodcast

Sep 25th, 2006, 07:40 PM

I do give a sh*t when you can't separate your contempt for the Adam Curry/Podshow collective on a completely unrelated post from the topic at hand.

OK last time braniac, I poked fun at PW for being a hypocrite- he mocked Apple while his company does/did the same thing. Still not get it?

The rest of your post, like most of your 2000+ (talk about some rhetoric btw) is gibberish. Your now asking me how I know Apple didn't come up with the word pod, its meaning or its acronym.

Um.... why don't you bring up Patrick Melton or NLO again? That I'm interested in, you said that my being a fan and thinking that NLO is good for podcasting explains alot, still have no words to describe what that means?

You say that Adam Curry would only slander the Pickle community if he had a real reason, then turn around and mock his ego and say he's got his head up his ***.

It's the same thing you did when you chided Patrick Melton for behavior that you didn't like, then turned around and tried to say he's ok because he doesn't mess with people anymore?

Which is it man, you are here using the term "double standard" when its really you who is talking from both sides of your mouth.

If you have been around so long and seen my posts, then you gotta know by now that if anything, I'm consistant, like it or not, I still feel the same way I did about podcasting a year ago, the pictures alot bigger, but nothing has changed.

One last thing bringing up the good people at Nobody Likes Onions in the process, what the **** did they ever do to you man? Nevermind, you won't answer that question either. They've probably introduced more people to podcasting who just might have gone on to listen to your show and my show, yet you and others like to use Patrick or NLO as a whipping boy, you literally made an example of of them in this thread, yet ironically, you criticize me for bringing up unrelated topics? Your just as big of a hypocrite as PW. Don't you get it man? You know- I don't care if you get it.

Jack

WyethDigital

Sep 25th, 2006, 08:12 PM

OK last time braniac, I poked fun at PW for being a hypocrite- he mocked Apple while his company does/did the same thing. Still not get it?
Last time genius: It was pretty obvious you weren't "just poking fun" at PW. The only people laughing were the voices inside your head.

Your now asking me how I know Apple didn't come up with the word pod, its meaning or its acronym.
You're as dense as you are hairy. I didn't ask "how you know Apple didn't come up with it..." (you have a reading disability or something?). I asked why it was ok for you to point it out, but not for me. Got it? Understood? :roll:

Um.... why don't you bring up Patrick Melton or NLO again? That I'm interested in, you said that my being a fan and thinking that NLO is good for podcasting explains alot, still have no words to describe what that means?

You say that Adam Curry would only slander the Pickle community if he had a real reason, then turn around and mock his ego and say he's got his head up his a**.
No, I said you and Adam Curry have your heads up your asses. It's an equal time pronouncement. See, the thing is, I see nuances. The world isn't just two sides. I don't have to pick your side or Adam Curry's side. Just because I've seen the AC bashing around the Pickle and think it somewhat unwarranted, it doesn't mean that Adam Curry doesn't make some boneheaded decisions or comments. And if you've listened to him, he accepts responsibility for them (or at least acknowledges them)... to a point. Like I said, the guy's got a bit of an ego problem.

As for Melton, I never said he was "ok." I said he's smarter than you. There's a difference. If you'd like to know what your liking NLO explains about you, I'll tell you. Frankly, it should be obvious, but apparently it's not. Not only is Melton a raging *****le on the forums a good deal of the time, his show is full of racist bullshit, even if he claims it's all in good fun. You find that funny, yet you bash PodcastAlley, Podshow, et al, for allowing a Nazi to post. Seems a little hypocritical to me.

One last thing bringing up the good people at Nobody Likes Onions in the process, what the f*ck did they ever do to you man?
Nothing. But that doesn't mean I have to like their show, or their host's attitude. Oh by the way... I made reference to them twice in this thread up until this point, you're the one that keeps fixating on it. Must be OCD.

Done with you, Jack.

Eric

Craig

Sep 25th, 2006, 08:39 PM

Hey, did you two hear that Apple claims they own the term "podcast"?

Craig

WyethDigital

Sep 25th, 2006, 08:43 PM

Hey, did you two hear that Apple claims they own the term "podcast"?

Craig
I thought I saw that somewhere. Slipped my mind as to where it was, though! ;)

Eric

kickasspodcast

Sep 25th, 2006, 09:25 PM

"Just because I've seen the AC bashing around the Pickle and think it somewhat unwarranted"

"If AC called the Pickle "negative," it's a pretty good bet he had a reason."

Nuance? I see this as doublespeak, maybe its just me, but you seem to contradict yourself alot

Not only is Melton a raging as*hole on the forums a good deal of the time, his show is full of racist bullshit, even if he claims it's all in good fun. You find that funny,

1: Patrick is not a Raging a-hole, I met the guy, he was polite and kind.
2: That's a pretty lame description of NLO, they bash all races white, black, red, yellow etc... that's what makes it funny they don't care who is the butt a good joke, as long as its a good joke. Calling the show full of bullshit is also very unfair as NLO deals with all sorts of topics, has guests, its as complete of a podcast as any out there. Nominated for 2 Podcast Awards because their show is bullshit eh? Yeah ok dude. :roll:

yet you bash PodcastAlley, Podshow, et al, for allowing a Nazi to post. Seems a little hypocritical to me.

There are no neo-Nazis involved with NLO, btw- that's not a public forum, thats a podcast you must download, and the forums there you have to register and login to even read. NLO has never seriously been mean or genuinely evil towards anyone- big difference pal. Apples and Oranges.

You say one thing, then say the opposite if it suites your argument. Tell me I'm bringing up unrelated topics while you bring NLO up into a "podcast meta" conversation, talk about unrelated. Why ya gotta go and bash a podcast in this thread?!?! I never bashed a podcast here! Stop being negative and Leave NLO alone biotch!

Jack

WyethDigital

Sep 25th, 2006, 09:28 PM

Done. With. You. Jack.

Partake. In. Apple. Discussion. Or. Don't. Makes. No. Difference. To. Me.

:D

Eric

WyethDigital

Sep 25th, 2006, 09:32 PM

I found this to be somewhat enlightening. (http://blogs.zdnet.com/ip-telephony/?p=1252)

Looks like the guy's onto something.

Eric

Craig

Sep 25th, 2006, 10:07 PM

Apple seems confused. On page one of the cease and desist letter (http://blog.wired.com/music/index.blog?entry_id=1562695) they state:

"We note that your clientsâ€™ PODCAST READY and MYPODDER marks consist in substantial part of Appleâ€™s IPOD mark, and contain Appleâ€™s POD mark in its entirety."

Here they seem to be laying claim to anything and everything pod-related, including the term "podcast," right? But on page two they soften their stance:

"Please note that we have not requested abandonment of Podcast Ready, Incâ€™s Int. Cl. 38 application for PODCAST READY because the services description indicates the mark will be used for podcasting-related services."

What's up with this? Are they playing good cop/bad cop in an attempt to get people to back off any use of "POD" even though they know they have no legitimate legal claim to it? Has their application for "POD" even been approved. It staggers my mind to think that a trademark would be granted for such a generic term. If they do, maybe the band P.O.D. should sue Apple...they've been around since before the iPod was introduced and being musicians it's clear that Apple is potentially causing confusion by using the term "Pod" for a music-related device.

Craig

WyethDigital

Sep 25th, 2006, 10:11 PM

If they do, maybe the band P.O.D. should sue Apple...they've been around since before the iPod was introduced and being musicians it's clear that Apple is potentially causing confusion by using the term "Pod" for a music-related device.

Craig
Worked for the Beatles. For a while.

The blog that I linked to seems to be saying that they're having trouble even getting some of their own iPod products branded by the trademark office, and then speculates that perhaps that is the cause of Apple's aggressive behavior. In any case, judging by the rebukes that the Trademark office has given Apple, and the bizarre C&D letter you quoted, it sounds like Apple may need to hire some less stoned lawyers.

Eric

cc_chapman

Sep 26th, 2006, 05:59 AM

roadrageradio

Sep 26th, 2006, 06:29 AM

http://media27a.libsyn.com/podcasts/4bf7be782cfd034742bde8c5a9161e02/451923fc/podcast411/411_060925.mp3

Go and listen to Rob from Podcast411's VERY VERY well done overview of what really happened.

I'm a bit pissed at myself for jumping the gun. I guess I now know not to always trust what I read from major publications. I knew better but forgot.

The link above is straight from Rob's feed because he is not linking to it on his site and said it was ok to use the direct link.

CC,

Apple IS sending C&D letters to companies that use "pod" in their product names. We had the story in Road Rage #70 (http://roadrageradio.libsyn.com/index.php?post_id=122226), about a month ago. (It's about 11 minutes in, the Rant segment.)

Two companies, one of which makes the "Profit Pod" a hand-held device for counting change from vending machines, and the other makes slip covers for laptops, cell phones, and mp3 players, received the letters from Apple lawyers. Apple DOES have a trademark application pending for "pod" and they will likely do whatever they have to, to sustain that claim.

Barefoot Radio.com

Sep 26th, 2006, 06:45 AM

JACK!

There are no neo-Nazis involved with NLO, btw- that's not a public forum, thats a podcast you must download, and the forums there you have to register and login to even read. NLO has never seriously been mean or genuinely evil towards anyone- big difference pal. Apples and Oranges.

NEVER BEEN GENUINELY MEAN OR EVIL TOWARDS ANYONE???

That's a truly F*CK *** statement. A total crock of ****! He picks on CHILDREN!

NOW, who has their head up their ***??????? You sure seem like it.

Jack, TRY to see the good in people, and don't overlook the bad. Or are you just BLIND of it???

psshhshshshhs, NEVER BEEN GENUINELY MEAN!!! You must be crazy, dude.

And BY THE F*CKING WAY,

YOU CANNOT SAY "OH WELL THE BAD THING I DID IS NOT REALLY BAD BECAUSE I DID IT FOR ENTERTAINMENT!!!!"

What a lame cop-out for doing nasty ****!

Barefoot Radio.com

Sep 26th, 2006, 06:48 AM

ON TOPIC,

I trademarked Barefoot Radio for example.

Somebody must own the mark for 'Radio,' but I was still given the mark for 'Barefoot Radio.'

So nobody can put pod in another part of whatever it is if someone marked it? Like Podshow?

'Pod' is the exact word Apple is trying to mark?

Does anyone here have a credible legal opinion?

rwalch

Sep 26th, 2006, 07:03 AM

Thanks CC for the post above.

Here is the permanent link to my podcast soapbox on this issue.

http://media.libsyn.com/media/podcast411/411_060925.mp3

Per the comments on Pod - I do not argue Apple is going after that and Actually read that part of the letter. The real issue is all the mis-information that has been spread the last few days with regards to Apple and the Term Podcasting.

Listen to the episode above and all is covered.

Per the question on Radio and other generic terms.

http://tess2.uspto.gov/netahtml/manual.html

In my soap box episode I mention the Trademarks office ID manual. This basically a list of generic terms that on their own are almost impossible to Trademark - according to the people I talked to at the USPTO.

OuterLimits

Sep 26th, 2006, 07:49 AM

So does this means Apple OWNS the words: (i)Chat, (i)Movie, (i)DVD, and (i)Web too !!

:?:

Craig

Sep 26th, 2006, 10:28 AM

Per the question on Radio and other generic terms.

http://tess2.uspto.gov/netahtml/manual.html

In my soap box episode I mention the Trademarks office ID manual. This basically a list of generic terms that on their own are almost impossible to Trademark - according to the people I talked to at the USPTO.
You're partially mistaken on this Rob. The ID manual is a list of terms that the applicant is supposed to draw from to describe what they're trying to register a trademark for. Although you don't have to do this (I didn't), it supposedly speeds the approval process (mine took a year to get approved). The nature of these terms means that they can't be trademarked themselves, but that's not the intention of the list.

Craig

rwalch

Sep 26th, 2006, 10:37 AM

Craig saidYou're partially mistaken on this Rob. The ID manual is a list of terms that the applicant is supposed to draw from to describe what they're trying to register a trademark for. Although you don't have to do this (I didn't), it supposedly speeds the approval process (mine took a year to get approved). The nature of these terms means that they can't be trademarked themselves, but that's not the intention of the list.

Craig, actually what I said was

In my soap box episode I mention the Trademarks office ID manual. This basically a list of generic terms that on their own are almost impossible to Trademark - according to the people I talked to at the USPTO.

Which I stand by. I asked the people at the USPTO if they would ever grant a TM for a stand alone term that is in the ID manual - they said it was almost impossible to get a TM for any generic term listed in the ID manual - They did not say never - because they never say never.

But my point was that once a term makes it into the manual - the chances of getting a trademark on just that term are slim to none. "Podcasting services" is now in the ID manual - which means the granting of a TM for "Podcast" a clear derivative of "Podcasting Services" - is 99.999% not likely to happen. Again this is all based on conversations with the USPTO and the people that actually maintain the ID manual and others at the USPTO.

kickasspodcast

Sep 26th, 2006, 12:14 PM

Hahah Paul, you crack me up man, you still sore and NLO for poking fun' at you and the studio your dad paid for? You know you listen every week or you wouldn't have heard the bit. If NLO is not your style, don't listen. It's all comedy, they've not actually meant or done harm to anyone. People get all pissed off over it when you should just click >> or just don't listen. I'm sure they have infinitely more listeners than you Paul so maybe that's what your sore over. Have to say, why do people like you and Eric insist on slamming NLO in this entirely unrelated thread?

As for Apple-
I think this is sorta karma related payback for everyone handing over Apple the rights to list content within their music store. They started selectiving ousting lots of independent podcasts and highlighting crap and the "community" did nothing, people stood by and let great shows get dropped from itunes so long as their show was listed.

Its obvious that people wanted listeners rather than freedom or community resolve, now this is what we get, we've given them an inch and now they want the whole mile. Not surprised.

We can fight back by removing our shows from itunes, selling all our Apple gear, and boycotting the company entirely. Hey- I'm ready, let's get started! Who's with me?!?

Jack