The Name Problem, Part III

Now they’ve substantially re-written “About Our Name” and re-posted it.

There are other Open Sources. A gentleman named Christopher Lydon has an excellent web site called Open Source. His URL is www.radioopensource.com, and he graciously agreed to give us opensourcemedia.net.

OSM, About Our Name 2.0

This is just not true. And weird. We didn’t graciously agree to give them anything. We’ve never talked to them. They didn’t answer our email.


Comments

15 thoughts on “The Name Problem, Part III

  1. I’d be moving in the direction of good IP legal advice – and quick. An oversight is one thing, but these people seem to be repeatedly taking aim at their own feet. And dissing Chris and the whole venture in the process. Maybe the Dresden Dolls could write a song about the whole fiasco….

  2. If this gets any more meta, I fear we risk a rift in the space-time continuum.

    I love the argument that “OSM” really isn’t an acronym, sort of like how KFC no longer stands for Kentucky Fried Chicken.

  3. To make matters stranger, while OSM claim to own the domain name http://www.opensourcemedia.com, this actually takes you to info on a piece of software called ‘zope’ (have the makers of this had anything to say about this controversy?) http://www.opensourcemedia.net still takes you to this radioopensource site (you own the opensourcemedia.net domain name?)

    It looks as if OSM are either trying to confuse people, or they very much messed up (I mean, when I’ve set up websites I’ve put lots of efforts into making sure domain names etc don’t confuse people – after all, I wanted visitors to be able to find the sites easily and know who the site belonged to :) )

  4. Just to clear up real quick, opensourcemedia.net was, for a short time this May, our URL. It was registered at the time through our service provider. We now have a new service provider, but a friendly relationship with our old one. We had neglected the URL because we no longer actively use it, but we did retain ownership of it. You’ll see right now that it points back to our site.

    And, yes, we have sought and received legal advice.

  5. OSM has issued a correction:

    Due to a miscommunication, OSM inadvertently wrote on our site that Christopher Lydon of Radio Open Source “graciously agreed” with us to give up the url opensourcemedia.net. This is incorrect. He gave up the use of that url entirely of his own volition and after no discussion with us. We had never contacted him before he took his action.

    We apologize to Mr. Lydon for this error on our part.

    Is this statement true?

  6. It’s pretty clear that those other boys and girls embrace the newspeak attitude of their corporate and political clan. But since the creative commons ideal isn’t a suicide pact, this instant case seems tailor made to push back against some of the private, commercial forces that seek to annex that which belongs to us all.

    Skee rue them, please, by all means.

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  8. Corporate and fictitious names

    I see OSM has already changed their name back… But I figured I’d throw a few pennies into the pool regardless.

    Corporate names (whether for Incs, LLCs, LLPs, etc.), in most cases (but of course it differs from state to state), must “be such as to distinguish it upon the records in the office of the secretary of state from the name of any corporation, limited partnership, limited liability company, business trust, registered limited liability partnership or foreign registered limited liability partnership reserved, registered, formed or organized under the laws of this state or qualified to do business or registered as a foreign corporation, foreign limited partnership or foreign limited liability company in this state” (RSMo 385.450.2).

    Fictitious names, names other than the corporate name that a business does business under, must also be registered with your secretary of state (in most states). However, fictitious names are not required to be unique.

    I could have My Own Thing, Inc. and register a fictitious name of “Open Source Media” for my company. I could operate under the name “Open Source Media”, and you couldn’t do much about it. As long as I didn’t run a blog service the name “Open Source”, you couldn’t come after me with your “Open Source” service mark. I could, however, run a newspaper or magazine called “Open Source”.

    Frankly, blogs suck and so does the “blogosphere”. “Blog” has got to be the ugliest buzz word ever invented — regardless of how you conjunct the word, it is still hideously stupid. Hopefully all these damn “blog” companies go out of business Real Soon(tm).

    Please stop whining.

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