I stopped by Bryce's house on a walk with my youngest yesterday, only to find out that the world was crucifying one of the advisors to his venture fund (Tim O'Reilly) who, as near as I can tell, is both innocent and also stranded on vacation without a cell phone, unable to defend himself from the libel/slander/mindnumbing ignorance that is spewing his way in his absence.
Missed the uproar?
Nick Carr captures it well. You may not remember this, but there was a time when everyone and her dog didn't blather on about Web 2.0. Then Tim crowned it real, a business partner sought trademark on the term (remember: back then few talked about Web 2.0 - it was Tim who got the meme rolling, which Paul Kedrosky, not being a lawyer or a historian, seems to have forgotten), and lately his business partner (CMP Media/MediaLive!) on the O'Reilly Web 2.0 Conference sought to enjoin an Irish company from putting on its own Web 2.0 conference.
Rudimentary trademark law 101, you think? Mostly.
In this ruckus, those who are personally attacking Tim can be ignored - they're buffoons.
For the rest, I think the real problem is not that Tim's business partner is seeking to enforce a trademark, but rather that it has not sought to do so before now. I think, in other words, that the real problem here is that O'Reilly (the company, not Tim, the person) has been inconsistent. Had O'Reilly aggressively slapped at TM on every use of Web 2.0, no one would be complaining now. But they didn't. Because O'Reilly isn't that sort of company. Now they're being castigated for not being IP fiends (though the mob is dressing it up as if they are IP fiends).
It is clear (to me, at least) that Tim largely invented Web 2.0. Not that he coined the term first (though he may have), but that he was the first to really centralize discussion around the topic. I think it's therefore still reasonable for his company and its partners to want to hold some exclusive right to put on a conference that deals with the meme.
At some point, however, it will have to become open. Like open source. I co-founded the Open Source Business Conference. It never occurred to me to try to trademark "open source," though we definitely trademarked "open source business conference." Open source is simply too generic. It may well be that "Web 2.0" is now too generic to hold claim to legitimate trademark.
If so, it is through the good graces of Tim and company. People should remember that before they grease up the guillotine.
Posted by Matt Asay on May 27, 2006 07:28 AM












