November 16, 2005

I was on "Open Source."

Is the name Open Source Media too close to Open Source Radio? (You know, I was on Open Source Radio a couple weeks ago, the night the Alito nomination was announced. You can listen to that show here if you want -- Cass Sunstein, Charles Fried, and Eric Muller are also on.)

UPDATE: Open Source Radio complains (incredibly meekly):
In May we named our show “Open Source” and we named our non-profit production company “Open Source Media.” In fact, this used to be our URL until we decide to scrap the “net” and look for an “org.” But here’s the actual legal-type description of what we are:
A joint production of Open Source Media Inc. and the University of Massachusetts-Lowell, Open Source is presented by WGBH Radio Boston and distributed by Public Radio International (PRI).

What this means is that we are seven people in a rented office with, incidentally, a rather bold mouse who does not yet have a name. We make a radio show four times a week that uses bloggers as local and topical experts; this show is distributed to public radio stations by Public Radio International, and to truckers and early adopters by XM satellite radio.

So this morning I got an email from a listener with the following subject header:
did someone steal your name?

Hm. A company that used to call itself Pajamas Media now calls itself Open Source Media, which is — scroll down to our legal notice — kind of exactly what we call ourselves. They’ve collected $3.5 million in venture capital, and, to celebrate their re-naming of our already-named name, they’re holding an event at the Rainbow Room.

Imagine if you were the venture capitalist who forked over this kind of money and now know, on day one, that they mismanaged step one.

Okay, I'm not going to talk about OSM for a while. I'll observe a circumspect silence out of sheer pity... the sheer pity of "a Berkeley house whore." Ah, listen to the podcast if you don't know what I'm talking about.

32 comments:

Jay Solo said...

Indeed:
http://www.radioopensource.org/open-source-media-in-case-youre-confused/

nada said...

At first glance it seems that Roger's site is called OSM Media (Open Source Media Media) and the radio guys are Open Source Media, Inc.. Pretty darn close.

Icepick said...

Perhaps we should hold a contest to name the Open Source Media, Inc. company mouse. Using Mickey would probably be a bad idea, given the circumstances....

nunzio said...

Hopefully OSM II has advertising-injury insurance.

Honestly, though, the picture of Condi Rice on the site looks like she suffered dioxin poisoning a la Yushchenko

Paul said...

I do admire you.
I remember that show, you were class while that gentlman, Sunstein was a bore.
Well, infringemnet is just that in my lay person world.. I thought such things were supposed to be researched.

Icepick said...

I've got it! They should name the mouse Roger L. Simon or Charles Johnson!

Sultan Knish said...

comic book guy

worst blog war ever

/comic book guy

Rick Lee said...

The ZDNet blog is complaining about (the new) OSM. I'm not entirely sure what they are complaining about. I think they are complaining about the use of the term "open source". They are also complaining about them using the dot-ORG suffix.

Ann Althouse said...

Why did they use org with osm? They wanted to have an org-osm.

Loweeel said...

Quick! Somebody call Ron Coleman!

Finn Kristiansen said...

Uhm, it's Open Source. Open...Source... isn't the whole ethic of open source about sharing?

vbspurs said...

Why did they use org with osm? They wanted to have an org-osm.

I wonder how many visitors will cum?

Cheers,
Victoria

Pablo said...

Those grapes are sour anyway, no doubt.

Bruce Hayden said...

I do think that there are some jokes that only women can tell, and I think the one by Victoria fall in that category.

Simon said...

Is Cass Sunstein really that stupid, or is he simply being utterly duplicitous? The first five minutes of his comments are simply absurd - does he really think that Originalism calls for a repeal of the 14th Amendment?!

This, combined witg the persistent habit of conflating originalism with original intent (see discussion at Wikipedia article on Originalism) makes this pretty difficult to take seriously.

Henry said...

I hate the Rainbow Room. Never have I paid so much for worse service.

That's throwing some good money away. What next with the $3.5 million? A Superbowl ad?

Adam said...

If I recall correctly, Lou Grant was famous for desiring Mary Tyler Mooregasms.

playah grrl said...

Oh, Ann...
look here
they used osm.org because osm.net was taken. ;)

playah grrl said...

certainly i don't expect a retraction on your scurrilous speculations, but could we at least leave off the whining about how it really is trademark infringement until RadioOpenSource weighs in?
And that goes for you too, Steven-kun.

Ronald Coleman said...

Loweeel said... Quick! Somebody call Ron Coleman!

Flattered, of course. I have to admit sounds like a fun one. And we are kind of hot right now! You know where to find us.

Nick said...

Actually I agree with ZD Net in that they're not adhering at all to the spirit of Open Source, and are simply trying to use a buzzword.

I wrote about it here.

Aaron said...

ProfA is being tagged as a media Medea for claiming that OSM ripped OSR or should I say ProfA is saying You Ripp a Dese off (Euripedese off). We can see how lame this spat is since it centers on a series of puns.

Jackmormon said...

I was prepared for this venture to suck when first I heard of it--mostly because of Chas. Johnson's involvement--but I did think that "Pyjamas Media" was a witty and defiant name.

Too bad they changed it, worse yet that they changed it to something entirely inapposite, and stupidest of all to change it to something already copyrighted. Oy.

Aaron said...

They didn't change it to something already copyrighted. Follow PlayahGrrls's link - you can see they were quite aware of what other companies had similar names. As they said themselves there is almost no company name that isn't similiar or already used by others. My company name is shared with a large Printing Company - what are you going to do? I'd bet there are companies with acronyms of ABC, NBC, CBS. This criticism is silly.

Ann Althouse said...

Whether a trademark infringement claim will be made and whether they will be able to fend it off remains to be seen. Nevertheless, the naming was mismanaged, if only for creating this confusion and distraction. Why didn't they see it coming? What else have they failed to foresee? It is not confidence-inspiring.

When I rejected the offer they emailed me, I saw many things in it that undermined my confidence in them. I have criticized them and I will continue to criticize them, just as I would criticize things I see in MSM.

There is absolutely no reason to refrain from judging them on the basis of what they have revealed. That's what bloggers do, at least until they form an alliance that makes everyone feel that they ought to hush up and not hurt their benefactors. How many of you are cringing in fear that you won't get a link from one of the big men whose names are on this project? How damaging, then, is that alliance to the project of blogging! Your fretting about hurting these guys disgusts me. Don't you care about blogging? Oh, but how can you blog without their links? Pathetic!

playah grrl said...

i call bullshit.
On tuesday night i told den-beste-sama AND atrios that the trademark was on OSM, not Open Source Media Inc.
But you all just went wallin' on about trademark infringement and intelltual property.
Anyone that looked at the site could see OSM was the trademarked entity, like i did. except people with their own agendas.
WTF do you care if the launch was poorly organized? You weren't involved. and this is a self-organizing system. Do you understand what that means? it won't be right the first time.
you keep complaining about your "offer". i don't care. you turned 'em down.
get over it.

nunzio said...

playah grrl:

Apparently some people are off-limits to criticism?

playah grrl said...

only to dishonest criticism.

nada said...

"only to dishonest criticism."

Ahem



You are beginning to sound like that Mapes character.

playah grrl said...

emcliff
so?
Ann is far more like Mapes in her antagonism to Charles, and especially in playing the sex card.
Also, in her "poor wittle me" posturing for Drum and the feminstas.
Playing the sex card is unforgiveable in my book. She has no honor.

nada said...

"Anyone that looked at the site could see OSM was the trademarked entity, like i did. except people with their own agendas."

Nice one. Not responding to the link I provided above in any substantial way. How about this one:
Link.

"Except people with their own agendas." Or lawyers. Or people who know something about copyright infringement. "Own agenda." Yes, Ms. Pot. I hear ya. I hear ya.

nada said...

Ms. Pot calling the Kettle Black,

Roger has just been sent a letter by the Open Source Media guys. Sounds kind of like a cease and desist or else kind of thing: http://www.thepoorman.net/ Scroll down a bit and click on "letter." It's a pdf.