Thursday, 29 January 2009

After Taking Legal Advice...

..I have decided not to sue twitter. Rather, after a long and protracted discussion with them, I will be using the alias "DailyWail".

It is purely coincidental that a W looks like an upside down M....

Read on if you really have nothing better to do with your time...

Request #5377

Submitted Jan 09 11:57 AM by you

Hi

We've received a complaint from a fellow Twitterer. It has come to our attention that your Twitter account:

http://twitter.com/dailymail_uk

is in violation of our basic Terms of Service, specifically article 4 which mentions impersonation:

4. You must not abuse, harass, threaten, impersonate or intimidate other Twitter users.

In this case "impersonation" is the issue. Impersonation is against our terms of service unless it's parody. The standard for defining parody is, "Would a reasonable person be aware that it's a joke."

To settle this issue we've removed the profile image and changed the user name to "notdailymail_uk" in the full name and username fields in order to eliminate confusion. You can change your real and user names to something else if you'd like:

1. Visit Twitter.com/settings
2. Edit the Full Name and Username fields
3. Click "Save"

Please honor Twitter's Terms of Service accordingly. We appreciate your cooperation in this matter.

Thanks,

Twitter Support

Comments

User photo
DailyWail
Jan-10 2009 11:07 AM.
User photo
DailyWail
  • I would greatly appreciate a response.

    Many thanks

Jan-12 2009 12:17 PM.
User photo
caroline
Twitter
  • Hi,

    We are currently having our Terms of Service team
    review your account.

    Cheers,
    Twitter Support

Jan-12 2009 03:06 PM.
User photo
DailyWail
  • I am still awaiting an update.

    Many thanks

Jan-16 2009 04:01 AM.
User photo
caroline
Twitter
  • Hi,

    Daily Mail UK is a registered trademark. However, you may continue to post your updates with the user name notdailymail_uk, as long as it's a parody.

    We appreciate your cooperation in this matter.

    Cheers,
    Twitter Support

Jan-20 2009 01:24 AM.
User photo
DailyWail
  • "Daily Mail UK" is *not* a registered trademark.
    A search of the UK Intellectual Property Office (http://www.ipo.gov.uk/tm/t-find/t-find-text/) Will find *no* records for "Daily Mail UK".

    Even if it *was* a trademark, your terms of service state
    "Impersonation is against our terms of service unless it's parody."

    As you have clearly seen - the account is a parody which does not use the Dail Mail's trademark.

    Please reinstate the account to its previous name.

Jan-22 2009 03:21 AM.
User photo
caroline
Twitter
  • Hi,

    Thank you for pointing us to the Daily Mail Community trademark #E7490501, which specifically
    covers digital media:

    Class 09:
    Computer hardware and computer software; computer programs; computer software and hardware to enable searching of data and connection to databases and the Internet; on-line electronic publications; electronic publications (downloadable); electronic newspapers, sections, columns and articles; data storage media; modems; discs; compact discs, tapes, cartridges, wires, cards and filaments, all for bearing encoded programmes for computers; CDs; blue-ray discs and other recordable media; CD-ROMs; DVDs; pre-recorded video tapes and cassettes; digital music (downloadable) provided from the Internet; digital music (downloadable) provided from mp3 Internet websites; video tapes, games and cassettes; computer accessories, screen savers, mouse pads, keyboards, bank cards and debit cards (encoded or magnetic); digital imaging devices and digital signal processors; data-processing equipment and computers; electrical, cinematographic, optical, checking (supervision) and teaching apparatus and instruments; apparatus for recording, transmission and reproduction of sound and images; magnetic data carriers; recording discs; parts and fittings for all the aforesaid goods.

    As we stated before, you are free to continue posting your updates as a parody account with the user name *notdailymail_uk*. Please honor Twitter's Terms of Service accordingly. We appreciate your cooperation in this matter and consider this matter closed.

    Thanks,
    Twitter Support

Jan-22 2009 07:16 AM.
User photo
DailyWail
  • I'm sorry to be a bore - but I *was* honouring your terms of service.

    You specifically state "Impersonation is against our terms of service unless it's parody."

    The account is a parody. Therefore I should be allowed to impersonate The Daily Mail.

    I realise I'm hardly in the same league as Tina Fey - but I don't see anyone saying that she's treading on the trade mark of the Governor of Alaska...

    Secondly - while "Daily Mail" is a registered trade mark, "Daily Mail UK" is not. You cannot claim that all suffixes and preffixes are covered - otherwise, "Not Daily Mail UK" is also in violation. If that is the case - why have you given me a name of which you cannot approve?

    DM

Jan-22 2009 09:50 AM.
User photo
caroline
Twitter
  • Hi,

    Hypothetically speaking, even if we did allow you to use DailyMail_UK we would then receive a legal takedown notice from their solicitors, in which case we will need to comply to Intellectual Property Law in the State of California as well as the United States.

    As we stated before, you are free to continue posting your updates as a parody account with the user name *notdailymail_uk*. Please honor Twitter's Terms of Service accordingly. We appreciate your cooperation in this matter and consider this matter closed.

    Thanks,
    Twitter Support

Jan-22 2009 10:01 AM.
User photo
DailyWail
  • Absolute final question - I promise :-)

    Can I use the name DailyWail_uk of DailyFail_uk - or will this also result in "issues"?

    Thanks

Jan-23 2009 03:19 AM.
User photo
caroline
Twitter
  • That's perfectly acceptable. ;)

    Now move along...

    Cheers,
    Caroline

Jan-23 2009 08:52 AM.

12 comments:

  1. Oh. She posted a winking smiley.

    Well that's alright then.

    ReplyDelete
  2. Would they object to Daily_Heil?

    ReplyDelete
  3. As much as I feel Twitter made the wrong call, I do have some sympathy for them. Besides, I think 'Daily Wail' is a rather brilliant name :)

    ReplyDelete
  4. LMAO! Love her little smiley face, bet she wished there was one conveying the words F**k You!

    Fair play to you for sticking with it though, who would have thought Twitter would lie down and take it from the Daily Mail.. And they have some fuckin audacity bitching about you, after all the character assasinations they are guilty of.

    ReplyDelete
  5. "Now move along..."

    Someone should teach Caroline some customer service skills.

    ReplyDelete
  6. To be fair, would someone recognise it as a parody? It looks a lot like the actual Daily Mail to me...

    ReplyDelete
  7. this made me laugh. I think you've earned yourself another follower.

    ReplyDelete
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    ReplyDelete