The dispute seems to have been resolved amicably. O'Reilly has apologized for sending in lawyers against the con before speaking to them, and has granted the con permission to use "Web 2.0" in its name.
However, O'Reilly maintains that Web 2.0 is a service mark of their company when applied to conferences, and that other conferences that want to call themselves "Web 2.0" will have to get O'Reilly's permission -- they defend this as part of the sound business practice of defending a trademark.
Trademarks are intended to protect consumers by ensuring that goods and services aren't misleadingly labeled. A trademark holder, say, "Coke," gets the right to sue companies that use the word "Coke" in their products and services in a way that would lead the public to believe that Coke was behind them.
But trademarks aren't "property" -- they aren't words owned by companies. They're the ability to use the courts to protect a company's customers. That's a pretty good idea: the public deserves to be protected from misleading marketing.
The question is whether using "Web 2.0" in a conference name is misleading: will the average person who hears about a Web 2.0 event assume that it must be put on by O'Reilly, or will she assume that it's just an event about the Web 2.0 technology and business-practices that O'Reilly defined?
O'Reilly has an amazing, wonderful gift for popularizing hard ideas and for explaining abstruse technology in catchy ways. "Web 2.0" is only one of O'Reilly's many accomplishments, which started with the publication of the first user documentation for Unix, and has continued through many iterations of excellent, world-changing ideas and memes.
The downside of creating amazing, industry-shaking ideas is that they become embedded in the popular consciousness. While the digerati know that O'Reilly originated Web 2.0, the idea is so infectious that it's just become part of the fabric of the industry. One of the things that makes O'Reilly's ideas so great is that they go on to be part of the infrastructure, invisible and huge and powerful.
But that means that O'Reilly's ideas are also not uniquely associated with O'Reilly. When I hear "emerging technology," I think of more than the excellent "O'Reilly Emerging Technology Conference" (even though I've volunteered for every ETECH programming jury so far). When I hear "Open Source," I think of more than the wonderful "O'Reilly Open Source Conferences" (where I've spoken on several occasions). And when I hear "Web 2.0," I think of more than the brilliant "O'Reilly Web 2.0 Conference."
Which is by way of saying that I'm not convinced that there is a trademark here. In O'Reilly's latest post about this, they quote my pal and colleague John Battelle saying "Remember, Web 2.0 is also about having a business that works. And not protecting your trademarks is simply bad business practice." But while that's true -- Boing Boing has on one occasion asked someone publishing a really similar blog also called "Boing Boing," with similar graphics, to consider changing its name -- it's not the whole story.
The O'Reilly Conferences' unique selling proposition is that they rewrite the rules of the industry and coalesce meaning out of the stew of ideas floating around the field. If you're going to name the next direction the world will take, you have to be prepared for the world to take that direction. Industry shifts become public property -- or rather, things that are privately controlled can't shift a diverse industry.
That means that O'Reilly needs to choose whether it's going to retain control the word "Web 2.0" for conferences, or retain control over the shifts that created the Web 2.0 phenomenon.
I think being able to call the shots is more important than being able to own those calls. Link

This Mona Lisa, on exhibition in Beijing, is made of computer parts, and titled "Technology Smiling."
Alan Graham said 
"This table will be at the center of different view points, cultures and motivations colliding with each other to form something new and powerful, this idea is symbolized in the colors and design of the table."
Roq La Rue gallery is selling Giclee prints of this lovely 
Here's a fun music video created by a woman who is a huge fan of the game Perplex City (Here's an earlier
A few month ago, I wrote about
Deutsche Grammophon has been issuing classical music CDs with art work by well-known cartoonists. (Shown here, Handel by Jim Woodring).
The MySociety project has produced an incredible set of travel-time maps of the UK, showing the voyage-time using color shading (red for close, blue for far) and contour lines to indicate each hour's travel -- they compare the overall travel time for going from A to B by rail and car and cab. They're laying an open geodata-bank for use in correlating house prices to travel times, cost-to-time, and generating realtime web-services.
Jeremiah Palacek, a painter in the Czech Republic, paints beautiful oils of scenes out of video games and sells them online via his blog and eBay.



Tim Eldred's indie comic book Grease Monkey -- a great, funny space adventure comic -- has been collected by Tor and has just hit the shelves. Grease Monkey is the story of a post-alien-invasion space-station where crack pilots drill ceaselessly to train for the rematch with the aliens -- like Ender's Game, but wicked funny.
The Nike+ running shoes contain a 
The newly described horny-headed dinosaur Dracorex hogwartsia lived about 66 million years ago in South Dakota, just a million years short of the extinction of all dinosaurs. But its flat, almost storybook-style dragon head has overturned everything paleontologists thought they knew about the dome-head dinos called pachycephalosaurs.
"Brothel badges" were pornographic (by Victorian standards, anyway) badges that parodied the "pilgrim badges" sold at shrines to religious pilgrims in earlier times. Historic Games sells replicas of the badges for $6/each, noting that historians differ on whether they were naughty Mardi Gras souvenirs or brothel tokens. Of this badge, "Lady," the site notes that it's a "lady... off on pilgrimage, carrying a pilgrim's staff with a phallus-shaped head, and carrying a rosary. Similar badges were popular in the Low Countries from the 13th through the 16th centuries."
The photo on this page is made up of tiny photos. Click on the photo to zoom in. More tiny photos. Forever.
Grow a square watermelon by putting it into a box. If my wife and I have another baby, we'll see if we can grow a square kid.
It was the cleanest and most organized sale I have ever seen. Not a speck of dust and odor free. Even the old photos have no hint of smell so they were stored well over the years. Turns out the dad was a dentist and the mom a nurse. Maybe that’s why the place seemed sterile. I learned that they traveled all over the world and during the war, were stationed in Panama. I have amazing photos from there, as well as fantastic dental images. I have only gone through a fraction of the images, so no telling what I will find. Apart from the photos, we also purchased some cool old things like toys, a painting, old watches, decorative glass, vintage fabrics, and numerous other objects. We completely stuffed our vehicle. We had to go to the ATM so we left the ladies to price our goods while we were gone. When we came back, I heard the calculator going for at least a couple of minutes while she added our massive pile. Nothing was priced, so there was no telling what the amount would be. When she told us, I was shocked! She practically gave us the stuff, literally! She told us to make an offer for all the photos and we gave her a very fair price which was a bit padded to make up for the other items. I think she was very happy with our offer. To give you an example, we purchased a fabulous 1930’s lamp which was $1.50 and all the old toys for $1. Not $1 each, but a buck for all. They just wanted to clean everything out. It really was one of those once in a lifetime sales. The fun doesn’t end there because this sale did not include the items in the house. This was just for the things in the garage. They are having another sale in a few months for the rest of the household. They have our phone number and they said they will call us. You can bet we will be there early!
Recently the machine received positive feedback from 10 visually challenged people with a range of causes for their vision loss who tested it in a pilot clinical trial...
This youtube is an astounding three-minute domino run constructed out of books, swords, corpses, silver balls and many other props in the 3D game The Elder Scrolls: Oblivion. This has been done in other 3D worlds (such as Second Life), but this one is particularly nice.
How freakin' deep geek are these!? I found them on 
Pete sez, "These are the first available pictures of the working prototype of the $100 laptop from MIT. Now working under the 
Today's Worth1000 photoshopping contest revisits my absolutely favorite theme: putting horror-movie/monster themes into classic fine art. I was utterly torn on whether to include the Girl With a Pearl Earring Meets Nosferatu pictured here or the equally awesome
OXO, a revolution in entertainment, that featured amazing 35*16 pixel graphics, and was actually a version of tic-tac-toe, played by dialing (on an typically 50s phone-dial) your input and facing a simple but decent AI. The first video game's creator was (as is usual in these cases) a PhD student: A.S. Douglas. It seems his thesis was on human-computer interaction.
Walter R. Tschinkel, from the Department of Biological Science at Florida State University pours orthodontal plaster down ant holes, and creates perfect molds of the topology of the inside of an ant-colony. These are lovely sculptural pieces -- someone should mass produce them.
Earlier this month, I
This Wists thumbnail site is dedicated to collecting links to sites displaying automata, from clockworks to electronics. Right now, they're showing replicas of the Mechanical Turk, a small hand-cranked storm-scene in a porcelain cup, an automata orchestra, hand-cranked monkey automata (in fezzes, natch), and historical accounts of Victorian steam-driven human automata.
Each tree house is built in two main pieces: the playhouse and the log. The playhouse is made from cedar or ship lapped pine siding. The log is a real, old fallen tree that we hollow out using a chainsaw! To get into the playhouse, simply enter the door in the hollow log, climb up the ladder in the center of the log and pull yourself through the trap door in the floor of the playhouse. Kids or no kids, this tree house is an incredible addition to any landscape!
Someone has uploaded a 7 minute reel of amazing 1970s toy commercials -- for Bing Bang Boing, SSP Pee Wees, SSP racers, Smash Up Derby, Screen-a-Show, Slip n' Slide/Water Wiggle, Bug Out!, Screech, and Masterpiece. These are commercials from an era of cheap plastic and no advertising-to-kids regulation, and as a result, the toys look incredibly fun, even today. Plus who knew buying fine art at auction could be fun for seven-year-olds?
Designer Gabriel Wiese has produced this armchair made from recycled wine-corks -- it must smell amazing.
I went for accuracy, combing my hair down, putting on tight khakis and a striped tight shirt, and following his first set of movements.

The three prongs in this bowl prevent your dog from eating too fast by forcing him to poke his snout gingerly into the chow.
Here's a sharp looking papercraft pinhole camera you can download, cut, and build. It's a design that was published in a 1979 issue of "ABC mladĂ˝ch technikĹŻ a pĹĂrodovÄdcĹŻ" ("An ABC of Young Technicians and Natural Scientists") and translated for digital download by the Linatree photo printer and virtual gallery.
John Kricfalusi and Katie Rice are going to exhibit and sell their work at Every Picture Tells A Story in Santa Monica this Sunday. After the show,
I have two comments about these photos of balloons from a 1932 (or thereabouts) Macy’s Thanksgiving Day Parade. One, Swapatorium seems to find once-in-a-lifetime troves of fascinating ephemera on a daily basis. Two, no one can deny that the parade balloons in 1932 were much cooler than the ones they have now.
WFMU's Beware of the Blog found a video of a yogi teaching a laughing exercise. Try it. "Don't feel shy!"
Travis Louie’s hypnotic “portraiture” is compelling for its blend of the hyper realistic with the blatantly surreal. Fantastical creatures gaze out from paintings so technically refined (using transparent layers of acrylic paint over a tight graphite drawing on a smooth flat surface) that they look uncannily like old photographs. Adding to the discomfiting presence these animal like characters have are the human expressions- even if the creature in the paintings looks a bit bizarre, it also looks spookily familiar as well.
Britain's Inflate sells and rents gigantic inflatable structures, ranging from a small "office in a box" to gigantic pavilions.
The WMD is a custom-built PC whose case resembles a shiny, hollywoodized terrorist bomb, straight out of a Bond flick. Bit-Tech has the incredibly detailed, lavish write-up of the build. The attention to detail is really remarkable.
Britain's Somerset Willow Company sells biodegradable, handsome wicker coffins. Beats interring your loved ones in tropical hardwoods, toxic anodized aluminum, or depleted uranium (I made up the last one).
Once upon a time in a land called Xi Pu, just west of Chengdu, the capital of Sichuan Province in the People's Republic of China, there was a tourist theme park... The World Landscape Park. As a business venture it failed, and today the park lies abandoned and decaying. Personally, I think it's a lot more interesting this way than it could ever possibly have been when it was open.
Fans of the awesome video game
This little Javascript library -- reflect.js -- lets you add reflections to the images on your site. Comes as a standalone or a Wordpress plugin.
Williams-Sonoma sells a Bundt cake pan in the shape of a sand-castle so that you can prepare baked goods that double as miniature spongy fortresses.

The Swallowtail coffee house in Tokyoâs Ikebukuro district is decked out like an English manor house, with customers subserviently greeted with a âWelcome home, Madam.â A concept that may seem a little odd, but itâs one that appears to have a ready-made audience, Emiko Sakamaki, the woman behind the eatery, explaining, âWhen I visited a âmaid cafeâ last year, I thought there should be a cafe with a similar concept for women. And I saw people post some messages on the Internet that they wanted such a butler cafe. I thought the cafe could be accepted.â And accepted it has been, with tables being fully booked until May 12, the management asking customers to make reservations online to guarantee themselves a table.
STEP ONE: Paint liquid latex on your face and stick bread crumbs to it

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