YouTubecebu

[DrE]

While you may have a point regarding domain registrations, however people would think of this as a localized version of the parent site, far fetched that idea may be. Should google/youtube perceive you as a threat (google indexes websites for search after all), you will be hearing from them. Personally I think you were better of creating a name of your own and advertising here rather than naming it youtube cebu. Just my two cents. No flaming intended.

Also best be vigilant on users posting copyrighted content. Best keep your system and staff ready for that.

[Mrpogi]

the dotcom domain is actually owned by a group known as JAGs Media which BeoR, is part of together with some of the other admins. FYI.

You're missing the point bro. Regardless of whether or not owners of similar-sounding sites are related, one and the same owners, or part owners, etc there is no infringement or violation to intellectual property rights as long as one does not use another site's logo, slogan, exact name and/or claim that it is an affiliate site, sister site, etc. IF that was the case, the world wide web would have run out of VALID AND SENSIBLE site names a long time ago. We will be left with names like http://www.gisjgkrthgnbjvhgjndtu.com so as not to violate similar existing sites.

Beor's part ownership of the .com site does not have any bearing on the possibility or impossibility of violations. His being owner/part owner of 2 similar sites DOES NOT grant any of these sites immunity to violations. FYI.


__________________________________________________ ____________________



Join Cebu's very own multimedia portal! Ato ni bai ! http://www.youtubecebu.com/

[Mrpogi]

While you may have a point regarding domain registrations, however people would think of this as a localized version of the parent site, far fetched that idea may be. Should google/youtube perceive you as a threat (google indexes websites for search after all), you will be hearing from them. Personally I think you were better of creating a name of your own and advertising here rather than naming it youtube cebu. Just my two cents. No flaming intended.

Also best be vigilant on users posting copyrighted content. Best keep your system and staff ready for that.

So you're actually saying that just when any site feels or perceives another similar site as a threat, it outrightly has a case? Are you serious? Just like that? So how do you define competition? So competition can only happen when no one becomes a threat to another in the game? What a mentality! Bro, the horizon is endlessly wide, so is the world wide web. We can not remain within that narrow window of creativity you implied just because there are giants out there who might feel threatened by our little success. Just my several cents.

For sure this site has been indexed, I submitted this site to google weeks ago, i haven't heard from them yet. I look forward to it. Regarding your concerns on copyrighted materials, it's always part of any service of this nature. Even if I change my site name to anything so weird it cannot violate any other site, I would still have this risk, right? Risk and yield are directly proportional, it's always high-yield high-risk or no-risk no yield kind of business out there. So i guess i am ready for this, don't worry.



__________________________________________________ ____________________



Join Cebu's very own multimedia portal! Ato ni bai ! http://www.youtubecebu.com/

[13thProphet]

When you say "register" you mean just online registration right? Because under the Intellectual Property Code I don't think it's registrable. (Please see Sec. 123 on Registrability)

You may also want to check out the Rules and Regulations implementing RA 8293 on Trademarks, Service Marks, and Trade Names.

[onenet.cebu]

I personally don't think www.youtubecebu.com is a violation of intellectual property rights of youtube.com While it may sound nga it's a localized version, still not a valid reason for shutting youtubecebu.com down.

However, if youtubecebu.com uses the logos and other patented materials such as graphics, then youtube.com can petition for its stoppage.

I have tested this myself and found out the following results.

www.ggle.com >> domain name for sale
www.gogle.com >> google
www.google.com >> google
www.gooogle.com >> google
www.goooogle.com >> for sale
www.gooooogle.com >> google site
www.goooooogle.com >>for sale
www.gooooooogle.com >> webfrog

Bottom line is, if you don't register it, then it's not yours. And lastly, why do you unionbank registered

www.unionbankph.com

instead of the usual

www.unionbank.com.ph <<< pretty interesting. eh

[onenet.cebu]

I just checked the probability of links over this site at Google, and sadly it returned a big ZERO.

try searching over at Google.

site: www.youtubecebu.com
link: www.youtubecebu.com

Did Google miss this?

So you're actually saying that just when any site feels or perceives another similar site as a threat, it outrightly has a case? Are you serious? Just like that? So how do you define competition? So competition can only happen when no one becomes a threat to another in the game? What a mentality! Bro, the horizon is endlessly wide, so is the world wide web. We can not remain within that narrow window of creativity you implied just because there are giants out there who might feel threatened by our little success. Just my several cents.

For sure this site has been indexed, I submitted this site to google weeks ago, i haven't heard from them yet. I look forward to it. Regarding your concerns on copyrighted materials, it's always part of any service of this nature. Even if I change my site name to anything so weird it cannot violate any other site, I would still have this risk, right? Risk and yield are directly proportional, it's always high-yield high-risk or no-risk no yield kind of business out there. So i guess i am ready for this, don't worry.



__________________________________________________ ____________________



Join Cebu's very own multimedia portal! Ato ni bai ! http://www.youtubecebu.com/

[13thProphet]

Based on jurisprudence, the test here is not "similarity" but rather the potential of confusing the public whether or not they are related.

[DrE]

So you're actually saying that just when any site feels or perceives another similar site as a threat, it outrightly has a case? Are you serious? Just like that? So how do you define competition? So competition can only happen when no one becomes a threat to another in the game? What a mentality! Bro, the horizon is endlessly wide, so is the world wide web. We can not remain within that narrow window of creativity you implied just because there are giants out there who might feel threatened by our little success. Just my several cents.

I agree 100% that they might not have a case. Doesnt change big corp mentality though. Most probably youll never hear from them. Was just sighting a possibility. Wasnt out to flame you on your venture as I said. Fight the MAN as you want. Why are you attacking my mentality? Its not me. Im just pointing that out. So long as your little success wont hinder theirs itll be all fine.

[Mrpogi]

When you say "register" you mean just online registration right? Because under the Intellectual Property Code I don't think it's registrable. (Please see Sec. 123 on Registrability)

You may also want to check out the Rules and Regulations implementing RA 8293 on Trademarks, Service Marks, and Trade Names.

You pulled out the Philippine Laws, Intellectual Property Code and RAs and whatever else (not that it's wrong or that it's extremely different than other country's laws), it just doesn't count on any of the issues we're discussing in this thread not only for it's reputation (c'mon now, we all know how our Philippine laws are enforced and how much money has to do with it, sad but true) but also because YouTubedebu is registered and run physically in Nevada and Youtube/google in California. I just happened to come from Filipino parents... my heart is very Filipino... hate the corruptions done by and to fellow Filipinos -- thats off-topic but I'd like you to know. However my site is not governed by Philippine laws, at least not right now. That should save us some valuable time.

In the meantime, here's a case involving a site owner from Texas and another site owner in California. Although it is way out on the issue of domain name abuse, it should shed light on how the US exercise free speech and expression. If you don't have time to read the document, at least read the decision at the very bottom of the page. Here's the link: http://www.wipo.int/amc/en/domains/d...2000-1455.html


__________________________________________________ ____________________



Join Cebu's very own multimedia portal! Ato ni bai ! http://www.youtubecebu.com/
[br]Posted on: October 17, 2007, 02:16:30 AM_________________________________________________

Based on jurisprudence, the test here is not "similarity" but rather the potential of confusing the public whether or not they are related.

Again, "potential" is an anticipation or a possibility, it is not happening in real time. It is powered either by one's optimism or pessimism, either you hope it will happen or you fear it will happen, or simply someone "seeing" it happen because circumstances SEEM to lead to it EVENTUALLY. Relative. Period. "Confusing" you say? "Confusion" and "threat" are just as relative as "potential." I can be confused and threatened by one thing and it is valid for me but does not validate anybody else's point of view, that's why it remains relative and subjective. People are not merited nor arrested for what they are potentially capable of doing but for what they have actually done. So to satisfy this, have I or my site misrepresented anything like being part of youtube, an affiliate, a subsidiary, an agent? Did I even say it's a local substitute to youtube? Even that does not violate Youtube as to substitute doesn't claim affiliation, just an option, the choice is left with users themselves. Here's the thing... YouTubecebu is LIKE youtube for the fact it has unlimited video upload and sharing capabilities, and UNLIKE youtube it takes more media files aside from video. Obvious comparison. Here in the US, advertisements can present 2 or more competing brands in one ad, and you can claim that your product is superior than others as long as you're pointing out the truth and you have data to back it up. I haven't violated in this manner either, not even close. With this, where do you think is the point of confusion or threat? I'd like to know. If you're saying it's not a test of "similarity" of site name, what else then can confuse my users? Is there a problem with my slogan: "Cebu's very own multimedia portal! Ato ni bai ! " does it even sound like youtube to you?

How many came back to me and said they were led to believe it is Youtube but it's nothing close to youtube like I promised or implied? 0 as in ZERO. And I have a disclaimer at the bottom of my main page. But if that disclaimer is ever misconstrued (I personally DONT believe that my existing users are dumb, after all they're mostly Cebuanos), that's not my problem nor am I accountable. How many in this thread saw the "potential to confuse" or some violations aside from you? 2 at most, and one is a flip-flop, sent my thread up then later expressed skepticism when you started talking legalities. But that's okay. We're in a free country in a free world with freedom to speak, advertise and compete.

Bottom line is, YouTubecebu is not youtube, nor it is youtube cebu branch. And for crying out loud, Youtube itself has a UK subdomain here http://uk.youtube.com/ while on the other side of the web there's YouTube UK http://youtubeuk.com/ that has misleading Youtube links. And it takes the same letters as the original Youtube UK subdomain, only arranged in different order, right? It's been there for over a year. For as long as it's up and running, I shouldn't start to worry. I just think that it's premature to pick on me right now. But sure, be my guest if and when I get to deserve google or youtube's attention, that's some wishful thinking I know but istorya.net will be the first site to know.

To wrap this up, my intentions for YouTubecebu is to provide an option for Cebuanos, a site with a name they can relate to or feel a sense of belongingness in and something that's unmistakably sounding like "video sharing." You see, I used to go to Youtube and search for videos with cebu keywords. It feels good to see the busy colon street, the talked-about IT park at night, the Handuraw gigs and the Cebu *** scandal videos that have nothing to do with *** or scandal, it's fun. I thought maybe other Cebuanos out there felt the same way, why don't I try. And like I said in my previous post, it DOES benefit from the popularity and "video" connotation of Youtube. I don't see anything wrong with it.

After all has been said, I 'd like to think of the few skeptic people here as my devil advocates. Thank you.

__________________________________________________ ____________________



Join Cebu's very own multimedia portal! Ato ni bai ! http://www.youtubecebu.com/
[br]Posted on: October 17, 2007, 04:09:05 AM_________________________________________________

I agree 100% that they might not have a case. Doesnt change big corp mentality though. Most probably youll never hear from them. Was just sighting a possibility. Wasnt out to flame you on your venture as I said. Fight the MAN as you want. Why are you attacking my mentality? Its not me. Im just pointing that out. So long as your little success wont hinder theirs itll be all fine.

Bro, I wasn't flaring up on the contrary. But what you showed me was a mentality, like little kids trying to join in a game with the bullies. It's like telling me, ayaw apil oi kay malupigan unya mi nimo and pahawaon ra gihapon ka namo sa game, or play the same game but not along side youtube, or to suggest that I shouldn't engage the way I am doing it, like I should have the attitude nga "dili na lang ko "mu-inter" oi kay malupigan unya nako ang mga dagko and I will be out of the game as they, not me, decide when players are in or out, and your point being that they might perceive YouTubecebu as a threat to their business. Sorry if that came to you as a personal attack but I can't help it, it is a mentality (maybe not yours but you thought of it), and it's not fair game, not fair competition you were suggesting. Like I said and I'll say it once again, thank you for citing the possibility and thanks for your concern.

[BeoR]

OT: If you keep on posting your signature, I might have to filter out your site... and please, do not spam the shoutbox.