The Scales of Justice, Blogging and Cable News Networks : The Origins of Lady Liberty

The newest cable news stats show (hat tip to MEDIAite):

Polar Opposites: Fox News Seeing Best Ratings, CNN and MSNBC Worst.

This is not surprising to us, at least in the case of Fox News and CNN.

Fox News has long been known to be on the conservative side of things and now reflects the right-wing backlash against U.S. President Barack Obama while CNN has progressively drifted far too far to left, or as one viewer at Michelle Malkin writes: “No wonder CNN only has three viewers. They don’t “report” for all Americans, only left-wing Americans, forgetting that half this country is on the right, almost a 50/50 split.” Picking up the slack at CNN is at least HLN, Headline News, formerly CNN2, whose ratings are strongly increasing.

Where, dear friends, do we find “fair and balanced” reporting?

Blogs – equally biased, of course – developed as balancing agents to the partisanship of the major cable news networks. But to be fair, it is not all bad, of course, and almost all original reporting is still done by the major news networks and newspapers, so we bloggers can probably more truthfully say that we are the powers at the fulcrum of the balance, i.e. at the pivotal point of the scales of justice, as it were.

At the Bay Weekly, J. Alex Knoll in Sky Watch, wrote about The Heavenly Scales: From a weigher of souls to the stalwart of liberty:

Libra … the celestial scales [where the] second-magnitude, bluish-white star Zubenelgenubi [is located at] the fulcrum of the scales…. … nearly 4,000 years ago, the sun passed through Libra during autumnal equinox, when day and night are equal, and so, the Babylonians worshiped this constellation as the Ereshkigal, the goddess of the dead who weighed the souls of men. The Egyptian god Anubis, too, held the scales weighing life and death. The ancient Greeks, however, considered Libra but a part of Scorpius, its stars representing a lamp or lantern and later the lighthouse of Alexandria, held between the scorpion’s outstretched claws. But the Romans wrested the scales from the scorpion, giving them to Astraea, the goddess of justice. She wore a crown of grain, another symbol tied to the scales of early commerce, and she represents purity and innocence. Astraea was the last of the gods to leave earth during the Golden Age. She became Virgo, to the west of Libra, leaving her scales behind as a final gift to mankind. Today, we Americans know her as Lady Liberty.

HootSuite for Twitter : Review by 3 Geeks and a Law Blog

HootSuite is a useful online application for Twitter, especially for multiple accounts.

3 Geeks and a Law Blog reviewed Hootsuite some time ago. It is definitely worth a read.

Naming Your Business: Choosing A Name Capable of Trademark Protection | Citizen Media Law Project

Naming Your Business: Choosing A Name Capable of Trademark Protection is a non-commercially attribution-distributable article from the Citizen Media Law Project, Harvard – Berkman, which I think is worth sharing:

“Choosing a distinctive name is important from a business perspective, but it is also important if you want trademark law to protect your business name. A business name is potentially a trademark protected by the law, but this protection depends on the type of name you choose.

As a general matter, the more unique or distinctive the name is, the greater trademark protection it receives. Fanciful marks (made-up words like “Kodak”), arbitrary marks (existing words used in a way unrelated to their normal meaning, like “Apple” for computers), and suggestive marks (those that hint at a quality or aspect of the product or service, like “Netscape”) receive the highest level of protection. You can register these kinds of trademarks immediately, without any evidence of “secondary meaning” — i.e., proof that, through your use of the name in commerce, the public has come to identify it specifically with your good or service. Similarly, in the event of a lawsuit, you would not need to produce evidence of secondary meaning in order to make out your case.

In contrast, a merely descriptive name can only receive full trademark protection after it acquires secondary meaning. Some examples include names that describe the product or service directly, such as Speedy Rental Car, or one that merely uses a person’s name, such as Smith Computers or Jane’s Collectibles. Terms that describe the geographic location of a good or service, like the New York Times, also are considered descriptive, and they can be protected as trademarks only upon proof that through use they have acquired secondary meaning. If you choose a merely descriptive name for your citizen media site or blog, you would not be able to register it at first, and you would not be able to successfully sue someone for using a confusingly similar trademark. You might be able to register it and/or bring a successful lawsuit at a later date, however, assuming that Internet users at some point come to identify your business name specifically with your work (i.e., it acquires secondary meaning).

Lastly, a generic name can never receive trademark protection. A generic name is identical to the product or service to which it attaches. For instance, calling a business that hosted email accounts “email” would be a generic name. Keep in mind that a term can be a generic name for one product or service, but a valid trademark for another. For instance, “Apple” is a generic name for selling apples, but a valid trademark for computers, and “Bicycle” is a generic name for selling bicycles, but a valid trademark for playing cards. Some geographical terms like “swiss cheese” and “French fries” are also generic because they are synonymous with the item itself. However, this does not mean that all geographical names are generic.

Choosing a business name presents a special problem for a community journalism site or blogger with a regional focus, where using a geographical or other descriptive term makes intuitive sense. After some thought, you may decide that the appropriate descriptive name is more important to you than strong trademark protection. Or, you may come up with a creative way of using a geographical term in a distinctive way (e.g., h2otown). Be aware also that your descriptive name may obtain secondary meaning should your site prove an influential and often-visited source of information — think, for instance about the New York Times. So, keep in mind that you may start out with a business name that enjoys little protection under trademark law, but the amount of protection may grow over time.

Posted via web from Andis Kaulins

Trademarks and the Name of a Business : The Citizen Media Law Project at Harvard Instructs on How to Choose a Trademark-Protectable Name

The Citizen Media Law Project, a non-profit at Harvard which provides legal assistance and resources for online and citizen media, at their website, hosted by the Berkman Center for Internet & Society, has a very nice summary of trademark law as relates to the naming of a business.


Naming Your Business: Choosing A Name Capable of Trademark Protection | Citizen Media Law Project

Make Hop not War : Sony Ericsson Hoppers in Barcelona

Have you seen this?
This is not an ad on my part.
It is my selection for video of the decade.
HAPPY! I fell off my hopper smiling.

Sony Ericsson Hoppers in Barcelona

The Gary Hayes Social Media Counts

The following Social Media Counts by Gary Hayes (@GaryHayes) provide some idea of the extent of social media networking and world digital communications as a whole:

Trying out Posterous via Google Mail

Trying out Posterous via Google Mail

by sending two attached files

one a jpeg of Tom Osborne's book

and the other an .mp3 Galactic Milk from Galaxy by Kaulinsium

to see what happens. – Andis

Galactic Milk by Andis Kaulins  
Download now or listen on posterous

01-Galactic Milk-Andis Kaulins.mp3 (2368 KB)