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Technology

Total Items: 20948

Current Page: 1

Feed Date: 09/03/2010

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Texas attorney general to investigate complaints about Google's search engine

SAN FRANCISCO - Google's methods for recommending Web sites are being reviewed by the Texas state attorney general in an investigation spurred by complaints that the company has abused its power as the Internet's dominant search engine.

Google - Web search engine - Microsoft - Searching - Search Engines
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Don't look for Adobe Flash on Apple's iPads, iPhones soon

I was traveling last week to cover Apple's iPod and Apple TV event Wednesday (and writing an extra column based on that). So this week, I offer questions taken from Friday's Web chat .

Apple - Adobe Systems - Multimedia - Development Frameworks - IPhone
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In Defense of Google, Or Why Consumer Watchdog is Full of It

While there’s plenty of reasons to keep a critical eye focused on Google, Consumer Watchdog’s ad is a dishonest, factually inaccurate joke that shamefully got plenty of uncritical media attention. In the simplest terms possible, Consumer Watchdog is just wrong.

A year and a half ago, we noted how nice it was to see Twitter's rather laissez-faire attitude towards trademarks, where it seemed to have no problem with third parties making use of Twitter-related terms in their own names -- such as TwitPic, Stocktwits, Tweetdeck and many others. So, at first I was a bit surprised to see a report claiming that Twitter might be cracking down on those who use such names. The truth, however, actually demonstrates how many companies should respond to many trademarked situations.

First off, it's worth pointing out, as people always do, that one of the oddities of trademark law is the idea that a trademark holder has to prevent others from using the mark without permission, or they run the risk of losing the mark. That leads to lots of nasty cease and desist letters from lawyers, and people defending them claiming they "have to" do this. But that is not so at all. First off, they only have to do that for cases where there is a likelihood of confusion, so they can certainly leave many other cases alone. But, more importantly, there's another option out there, which very few trademark holders embrace: they can just give a free license out.

The story about Twitter is really just that the company has filed for a trademark on TWEET, which is perfectly reasonable. Just because you're getting a trademark, it doesn't mean you're going to stop others from doing things (and, the TechCrunch post seems confused by a different trademark on Tweet -- but trademarks are specific to areas of use, so it's possible to have multiple trademarks on the same term in totally different areas of use). And, in fact, Twitter made a statement pointing out that it does, in fact, freely license its marks:

"We freely license "Tweet" for ecosystem partners who are using it correctly as part of accessing the Twitter API. That said, "Tweet" means something specific and we aim to protect that meaning. More on this can be found here: http://support.twitter.com/forums/26257/entries/77641."

This seems like not just a perfectly reasonable trademark policy, but a smart one for encouraging others to help promote you and feel comfortable working with you as a partner. It's really surprising how quickly most other companies go for the legal nastygram, rather than "freely license" trademarks in cases where the use is clearly promoting the brand.

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PC World - Google is spending US$8.5 million to settle a class-action lawsuit filed over the rollout of its Google Buzz social-networking service.
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Google plans to sell music online (Investor's Business Daily)

Investor's Business Daily - The search giant is in talks with music labels on plans for a download store and a digital song locker that would let its mobile phone users play songs wherever they are. Google (NMS:GOOG) hopes to launch the service by Christmas, according to sources. Google is trying to compete with Apple, which dominates via its iTunes Music Stores, accounting for 70% of all U.S. digital music sales. It rose 1.5% to 470.30.
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Google Settles Privacy Lawsuit Over Buzz

Google agrees to pay $8.5 million to settle a class-action lawsuit over privacy problems with Google Buzz.

Google - Google Buzz - Class action - Searching - Search Engines
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CNET News, now on Android

The iPhone's no longer the only smartphone with a CNET News app. Our breaking stories and in-depth features are now even easier to read and browse on Android devices from the new, free CNET News app. Read about what it does and why it's worth downloading.
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Did Activision Violate Arnold Schwarzenegger's Publicity Rights With Austrian Accented Thor?

Ah, the fun never stops with the still ambiguous world of publicity rights, a relatively recent, but growing field of "intellectual property" that has all sorts of problems. THREsq points us to a legal analysis of whether or not California Governor Arnold Schwarzenegger would have a publicity rights claim over the character "Thor," found in Starcraft II. It's hard to argue that the character isn't based on Ahhh-nold, as it has his accent and repeats (sometimes paraphrased) famous Arnold lines from various movies:

In some ways, this is not all that different than the recent complaint from Michael Jackson's estate over the "zombie" Michael Jackson found in the game Plants vs. Zombies. Of course, to make this even more interesting, Schwarzenegger is still leading the legal fight against violent video games in California, so it seems even more amusing that his "voice" appears in a new video game.

That said, there's no indication that Schwarzenegger is actually upset by this -- and he apparently has not complained about other attempts to mimic his voice, such as with the Simpson's character McBane. So, at this point, the post above appears to be idle speculation on how a publicity rights claim might play out. However, it seems like a sad commentary on the state of publicity rights law that it's even worth considering whether such a creative choice by the gamemakers might break the law.

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