"Garden Terms" - old feature with a new name

FYI; this afternoon I changed the name of the feature formerly known as "Gardenology" to the working name of "Garden Terms".

Garden Terms is what its name will be until go_vols, Trish, and I determine what its final name will become.

Why the name change? The DG member who originally suggested the name to us has very recently claimed a copyright on the name, and generously gave permission to "allow DG to collectively use it". The member followed that by saying that they have a "claim pending", whatever that means.

The claim is ridiculous and dubious at best, nevertheless, I am not interested in making a deal out of it.

Thus, on philosophical grounds and to remove the possibility of this person abusing DG at present or in the future, I have renamed the feature to "Garden Terms".

I hope the action of this member does not become a landmine that we're going to have to watch for. I rather like the collaberation we have on all our projects here on DG, and to see a member stomp on that really, well, frankly, it angers me.

In the future, I will be much more careful in how I request for assistance from members, especially when it comes to naming things.

dave

I'm with you Dave.....kind of a dispicable thing to do!!

"eyes"

hmm - serious - and very not nice. Is whoever still a member? No - don't answer that.

It seems we may have been duped here....check this!

http://www.openhere.com/shop1/services/books

"eyes"

And check this out!!
http://altavista.com/sites/search/web?q=gardenology+&avwk=tgz&kl=XX


Go down a couple of sites.
"eyes"

Those sites aren't our concern, eyes. At least one of them has been using Gardenology far longer than we did.

It's up to the member in question to defend his/her own "copywrite" against those sites, if they so choose.

dave

;)

Gads, what a crock. How generous to allow you to use it, LOL.

We *could* give it a symbol in lieu of a name, and call it "The feature formerly known as Gardenology" ;) Of course, that tactic didn't work too well for the pop star who tried it, so perhaps that's not a good idea ;)

On a more serious note. While I'm disappointed that we must rename it, I'm cheered by fact that the heart and soul of this feature isn't in its name, but in its helpful, useful and reader-friendly contents. So I'm confident we'll come up with something that reflects the nature and spirit of this resource.

Oh....Terry..........I still like Garden Guru!!!

"eyes"

What a shame!!!
Please, continue to ask for assistance with stuff. Don't let one greedy person ruin it for the rest of us!!!
Maybe it would be possible to add a p.s. to all assisted requests that all terms (or suggestions) become the exclusive right and property of daves.
jen

wow Dave, sorry this had to happen. Some people!

It never crossed my mind that someone could copyright a word that has already been used elsewhere ... you live and learn!

But wouldn't the Dave's Garden TOS' "We reserve the right to modify, reproduce and distribute materials posted to our services, both internally and for commercial use." cover this? It was not copyrighted, registered or anything else at the time it was put into use originally. Would the term not therefore be DG's to use however?

appears that at the time the phrase was coined she was aware that it was in use by other sites.
BUT then to turn around and try to copywrite it??? so strange.
heres the link to the thread where a name was being looked for.
gardenwife, i would think that TOS woudl apply.

http://davesgarden.com/s/185603.html

Yes, the TOS absolutely does apply. However, like I wrote above, I don't want to make a deal out of this. I prefer to simply let it pass and be done with it.

dave

Dave, Trish, and GV, so sorry this happened to you. You can have anything of mine you want, copyrighted or not. I don't have anything copyrighted but if I did, you could have it. I would not be the person I am or be where I am in the gardening world if it were not for all the kind generous folks here at DG.

Vic I feel the same way.

They can use anything I have as well, What people don't think of to reak havic.

DG is a great place and I can't even think what I would do if it wasn't here for us all.

Thanks Dave,Trish, and GoVols.

I wouldn't even consider taking the copyright for something that I suggested when asked to make the suggestions. Just doesn't seem right. In fact, I did make a suggestion for someone's greenhouse name, and they used part of it. I would then think it was their right to copyright it, not mine, since I merely made the suggestion by throwing out ideas. Doesn't give me any right to it.

I agree with you, JoanJ. That's just good common sense.

Unbelievable that someone could do this. Shame on them.

Well said, Joan. I think you put it succinctly and clearly!

It doesn't matter if you are right, once you get lawyers involved in anything it not only sucks up your money but your time and worst of all your peace for you have to be in a place of negativity. Best to just move on and find an even better name!

Amen Kel. You have gained in this as you are now wiser. Put it behind you and move on.

How about
Sisnixedthis

no no I mean to say LOL
Gardenuistics??

Have a contest Dave and give a fun prize like a plant of the winner's choice from YOUR garden!!! Say in original post, if you post an entry to contest you agree to the terms you set forth......

This message was edited Thursday, Aug 15th 2:59 PM

This message was edited Thursday, Aug 15th 10:11 PM

Oh, no doubt, Kell. The litigation costs and hassle would cost far more than the originator would stand to profit from the name, anyway, LOL.

It comes to me as no wonder, in this present day world of dog eat dog attitudes and the awareness of Intellectual Property Rights. But it wonders me that even a word was copyrighted!! And that too one amongst us! Incredible!

Dave: As I take it, the copyright is being claimed (applied for?) but is pending. Why change anything until the dust settles. It seems to me you have been given permission to use this term in any case, and if copyright is granted to this person, get her/his permission in writing. This sounds like a tempest in a teapot to me.

Garden Manual

Garden Gazeteer

Garden Primer

Garden Handbook

Garden Glossary

Garden Atlas

Garden Lexicon

OR!!!!

G - ardening!!!
A - nd
R - eaping!!!
D - ave's
E - xplanatory
N - otes
O - n
L - ove
O - f
G - ardening
Y - earbook

She can't stop you abbreviating anything at all.

Wintermoor

HAH!...Love that last one Wintermoor! Just put periods after each letter, eh and continue to use it? (Then apply for a copyright! :>)

The way to go Shoe ;-))

very clever! good idea!! Wintermoor!!!

Very clever, Wintermoor...

The whole idea of copyright seems to me moot. Is the intent to use this as a title? Titles cannot be copyrighted from the Library of Congress Website on copyrights:

http://www.copyright.gov/circs/circ34.html#names

NAMES, TITLES, AND SHORT PHRASES NOT PROTECTED BY COPYRIGHT
Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright. The Copyright Office cannot register claims to exclusive rights in brief combinations of words such as:

Names of products or services
Names of businesses, organizations, or groups (including the name of a group of performers)
Names of pseudonyms of individuals (including pen name or stage name)
Titles of works
Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
Mere listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.


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struggling writers need to know thses things . . .

wondering about sites that have already placed links to Gardenology?

Gee Kathleen, I am impressed with your research! I would want you on my team if I were ever in trouble!

Sans.........Gardenology was a real term before said perpetrator claimed it as their own!!

"eyes"

Ah, research I can do. It's getting published that's hard!

Well Kathleen I've read your prose and I like it, and so does Lauren.

It will just take a little time, do not let it discourage YOU! It WILL HAPPEN!!