Monday, October 30, 2006

Googling Your Copyright

Memo to whoever is in charge of google: shut the fuck up.

To quote:

A trademark is a word, name, symbol or device that identifies a particular company's products or services. Google is a trademark identifying Google Inc. and our search technology and services. While we're pleased that so many people think of us when they think of searching the web, let's face it, we do have a brand to protect, so we'd like to make clear that you should please only use "Google" when you’re actually referring to Google Inc. and our services.

Here are some hopefully helpful examples.

Usage: 'Google' as noun referring to, well, us.
Example: "I just love Google, they're soooo cute and cuddly and adorable and awesome!"
Our lawyers say: Good. Very, very good. There's no question here that you're referring to Google Inc. as a company. Use it widely, and hey, tell a friend.

Usage: 'Google' as verb referring to searching for information on, um, Google.
Example: "I googled him on the well-known website Google.com and he seems pretty interesting."
Our lawyers say: Well, we're happy at least that it's clear you mean searching on Google.com. As our friends at Merriam-Webster note, to "Google" means "to use the Google search engine to find information about (as a person) on the World Wide Web."

Usage: 'Google' as verb referring to searching for information via any conduit other than Google.
Example: "I googled him on Yahoo and he seems pretty interesting."
Our lawyers say: Bad. Very, very bad. You can only "Google" on the Google search engine. If you absolutely must use one of our competitors, please feel free to "search" on Yahoo or any other search engine.


Hey, thanks, Google!

You want to know why people hate lawyers? This is why. If anyone you ever knew used this syntax: "I googled him on the well-known website Google.com and he seems pretty interesting," I think you'd be morally justified in punching him in the neck.

Hey, protect your copyright. But when you act like a bunch of arrogant pricks, giving the rest of the internet a style guide on how to use what is essentially an accepted slang term, it's just begging me to use yahoo instead. Also, if you're going to be a gigantic ass about your copyright, perhaps you shouldn't steal Yahoo's "Do You Yahoo?" slogan. Because you kind of lose the moral high ground.

Besides, the common usage of Band-Aid and Coke haven't exactly damaged those businesses. It's reasons like this I'm never going into intellectual property. The moment someone asked me to sue somebody for their use of the word google is pretty much the same day I start looking for a new job.

6 comments:

Anonymous said...

Here here o' wise one. I'm sure the day that a google dollar IP case turns upon the common slang usage of the word "google," is the same day that I get thrown in jail for saying "that's a bunch of Bush-it."

For once, I entirely agree. Though my agreement is purely out of self interest, because I like my freedom, and I enjoy mocking presidents.

Love,
Matt

Poseur said...

I like it when Matt calls me "o' wise one"

Anonymous said...

Wow. Incredibly uniformed for a law school student. (Please do not apply to my firm.)

1) Trademark ≠ Copyright, so they're not protecting their copyright.

2) You'd be shocked at the number of cases that *do* turn on generic usages of a trademark (that's why it's called "genericide"). It's a favorite argument of defendants with famous marks. That's why Xerox, Kleenex, and others often undertake periodic advertising campaigns aimed at educating the public on proper trademark usage.

Poseur said...

Like I said, I have never taken intellectual property. I know nothing about it.

But google, in trying to protect their brand, rips off their biggest rival's slogan. You don't find this arrogant?

And, sure, they have the right to protect their trademark. But trying to issue a style guide to the whole internet when "google" has already made it to dictionaries is both a wholly ineffective method that is several years too late anyway.

And their "correct" usage is absolutely ridiculous. No one talks like that.

Anonymous said...

I, also know nothing about IP, but I do know that the common usage of brand name may have dire later consequences to the protection of that name.

I suspect, however, that Google (the great search engine company) doesn't expect millions of english speaking people to change their usage of slang because they issued an advisory memo as to the proper use of their company name.

I also suspect (and by all means correct me if I'm wrong) that it is the effort and attempt at education that counts (at least they made a paper trail). If it doesn't count all the way, then it at least counts more than doing nothing.

The point IS that in its attempt to make this awkward procedure seem "hip," they end up being a bit disingenuous. For dry legal formalities, I think everyone can at least appreciate that they are what they are. Dressing them up with ill-conceived examples makes me feel that Google (the great search engine company) thinks I'm stupid.

Trade name protection might be a big damn deal to Google, but frankly, I don't (and I feel much of the English speaking people feel the same way) change my speech to protect Google's interests. Much the same way as I don't quit other bush-it even though it might offend.

I exercise my right to speak how I want on a daily basis and if Google (or anyone else) wants to make me "feel" for them and change, then the first step is NOT to make me "feel" stupid.

Love,
Matt

Anonymous said...

Very Ignorant, Fool!! Google has the right to protect their IP rights-trademark in this case. If it is true you are in law school, then maybe you should sign up for an intro to IP law class. You don't want to continually sound like an uneducated fool, or do you? Google will loose its trademark if it does not police the usage of its mark. Now, that is what they are doing and I applaud them for that. Your new name should be ignorant fool!!!