“Open Source Media”: In Case You’re Confused,

Update, 11/18 11:42 am

If you’re just arriving, there have been some new developments since we posted this. They’re explained in the following two posts:

They posted to their own site yesterday under the title “About Our Name,” then pulled the post off again. Since that explanation — that lived so briefly — was the only response to our emailed inquiry, we went ahead and examined it. Much of it was either untrue or strangely argued. Read The Name Problem, Part II

This morning they posted new and different text under the same title, “About Our Name.” It is still strangely argued, but now they are claiming that we’ve “graciously agreed” to something. This is impossible, since we’ve had no contact with them at all, and certainly haven’t agreed to anything, graciously or not. Read The Name Problem, Part III

/Update

In May we named our show “Open Source” and we named our non-profit production company “Open Source Media.” In fact, this used to be our URL until we decide to scrap the “net” and look for an “org.” But here’s the actual legal-type description of what we are:

A joint production of Open Source Media Inc. and the University of Massachusetts-Lowell, Open Source is presented by WGBH Radio Boston and distributed by Public Radio International (PRI).

What this means is that we are seven people in a rented office with, incidentally, a rather bold mouse who does not yet have a name. We make a radio show four times a week that uses bloggers as local and topical experts; this show is distributed to public radio stations by Public Radio International, and to truckers and early adopters by XM satellite radio.

So this morning I got an email from a listener with the following subject header:

did someone steal your name?

Hm. A company that used to call itself Pajamas Media now calls itself Open Source Media, which is — scroll down to our legal notice — kind of exactly what we call ourselves. They’ve collected $3.5 million in venture capital, and, to celebrate their re-naming of our already-named name, they’re holding an event at the Rainbow Room.

So what to do. A couple of blogs — Atrios, Stephen den Beste, Dennis the Peasant, Begging to Differ, Homocon — have picked up on this already, unprompted, perhaps because if you Google “open source media”, we’re the third result. Presumably the new “Open Source Media” Googled their new name before they settled on it?

Don’t get us wrong; we didn’t invent the idea of working with bloggers to make media, we certainly didn’t invent the concept “open source,” and there’s plenty of room for everyone to do what we’ve been doing. But they chose the same name that we established in May and, seeing as how we work in the same industry, people might find that a little confusing. And that has us puzzled.

Update 11/16, 4:33 pm

The Talent Show and Daily Kos point out that the original idea behind “open source” — the software concept, not the radio show — was that you borrow from the work of others, then release your own work back out to be borrowed in turn. To that end, we made a priority from the very beginning of putting a Creative Commons license on our site and all of the mp3 files of our broadcasts.

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31 Responses to ““Open Source Media”: In Case You’re Confused,”

  1. Harshly Mellow Says:

    [...] of the Capitalists, but having come across the fact that the real “Open Source Media” has noticed the transgression of Pajamas Media, I just have [...]

  2. Steven Den Beste Says:

    The correct URL for my site is http://denbeste.nu/Chizumatic/

    The one given above will land you on my 404 page because of an erroneous at the end of the URL.

    (I don’t know if the structure of the universe will survive having links to me and Atrios right next to one another, apparently agreeing about something. Fear…)

  3. Brendan Says:

    Fixed, Stephen. And from here the universe seems to be expanding at more or less the same rate. I think we’re all gonna be ok.

  4. Steven Den Beste Says:

    You guys would be well advised to consult an intellectual property lawyer. If you don’t defend your trademark, you’ll lose it.

  5. kmartino Says:

    As a software engineer, and someone who manages a citizen journalism resource in Philadelphia, and someone who uses a creative commons license, I find their use of the phrase “open source” offensive media marketing blather.

    I second what Steven Den Beste said. In light of the new OSM’s licensing terms - doubly so.

  6. Random Fate Says:

    Someone didn’t do their homework

    Pajamas Media, the folks who signed up some 300-plus bloggers for a “subversive new media” and then uncerimoniously dropped the 270-plus small-fry, publicly announced they had renamed themselves to Open Souce Media last night.
    Unfortunate…

  7. 8763 Wonderland - Be The First To Rename Open Source Media! Says:

    [...] Radio Boston and distributed by Public Radio International (PRI) — yeah, THEM guys? They’re pissed off!
    « previous |

    [...]

  8. Random Fate » Someone didn’t do their homework Says:

    [...] had renamed themselves to Open Souce Media last night. Unfortunately, there is already an Open Source Media, and they are not amused. The real irony is that by d [...]

  9. Elmo Says:

    Some of us are worried about the mouse ……

  10. galoot Says:

    I’ve been troubled by the moniker Open Source from the start - the name has such an important and specific meaning in the software community, it just seems wierd to take it for a radio show, no matter how networked and cool it is. And don’t get me wrong - I love the radio show and am addicted to the podcast. I risk strangulation to listen to it in bed on my iPod. But maybe now is the time to bite the bullet and pick a distinctive name that you can make your own.

  11. QandO Says:

    Open Source Media

    I’m not sure I get the general antipathy on the Left towards the new Open Source Media project….but then I’m not terribly sure I get the Open Source Media project, either.

  12. Myopic Zeal Says:

    Open Source Media Launch

    Open Source Media, the coalition of some of the biggest name bloggers, has formally launched. But…

  13. Jeremiah Stoddard Says:

    Open Source Media

    Yesterday Pajamas Media celebrated its official opening with its official new name, supposedly “Open Source Media.” This has caused some confusion, because there is already a company named Open Source Media, inc.

  14. The Politburo Diktat » Blog Archive » Open Source Media Says:

    [...] devastingly, Ann Althouse notes that the name “Open Source Media” is in use by this established company Hm. A company that used to call itself Pajamas [...]

  15. Don Singleton Says:

    Open Source (Pajamas) Media

    Whether the board at PM/OSM will stick with the OSM name, or be forced to select another one, is something for them to figure out, but I still think the concept is a good one.

  16. T. Longren Says:

    What is Open Source Media?

    Open Source Media is basically seven people who do radio shows 4 times a week. They make extensive use of bloggers as their “in-house” experts.
    A joint production of Open Source Media Inc. and the University of Massachusetts-Lowell, Open…

  17. galoot Says:

    Well, the pretenders apparently have Judith Miller showing up at their opening. Wow, that lends it so much credibility.

  18. The Moderate Voice Says:

    The New Open Source Media (Pajamas Media) Has Begun — But What Does It Mean? (UPDATE)

    It’s official: Pajamas Media, has now been launched but they’ve axed the old name for the new name Open Source Media (TMV doesn’t even OWN pajamas).

    But a new controversy has erupted over whether they’ve usurped someone else’s name.

  19. galoot Says:

    Here’s what OSM has to say about the name on their site:

    http://osm.org/site/story/11172005osmflap?currow=2

    IMHO, all well and good so far (although I’d like to hear Chris’ thoughts on being called a gentleman with a website) except in my complete layman’s opinion, isn’t there likelihood of confusion when you have a radio show called Open Source and a company called Open Source Media? If Open Source were a sub shop in a Massachusetts strip mall, OK, no problem, but it’s a syndicated show…

  20. PoliBlog: Politics is the Master Science Says:

    What’s in a Google?

    When I noted the weird disclaimer at OSM this morning over their name, I wasn’t wholly tuned into the story. One can find more details here at a site called, well, “Open Source” which has a production company called, well, “Op…

  21. bft Says:

    “optimism” starts with “o” and ends with “sm”.

  22. Open Source Poor Man » Remember when the New Kids on the Block became NKOTB? Says:

    [...] NKOTB?
    Posted by The Editors under Uncategorized 

    Open Source Media notes that they plagerized their name - you know, the one they’ll sue you ass [...]

  23. Right Thoughts...not right wing, just right. Says:

    OSM…what the frig is it?

    Wow.  Looks like no one can figure out just what the hell they do.

    I'm kind of glad I turned it down back when they asked.  I had no idea what they were about when they send the paperwork…I read it, read it again…waited for somethi…

  24. Patterico’s Pontifications » iowahawk on OSM Says:

    [...] he former Pajamas Media, now known as OSM (and certainly not as Open Source Media, because that would be stealing these guys’ name). The post features a han [...]

  25. » Open Source Media in Trade Mark fight The Blog Herald: more blog news more often Says:

    [...] Pajama’s Media: Open Source Media, has launched to a fight over its new name with a non-profit production company which already hold the trade mark on the n [...]

  26. OSM Name Games: Blog Tips at ProBlogger Says:

    [...] Pajama Media OSM and another one - a radio show. Check out the Radio OSM’s posts at Open Source Media: In Case You’re Confused, The Name Problem, Part [...]

  27. Irritainted » Blog Archive » Lest We Forget Roger Simon Says:

    [...] th, 2005 at 4:28 pm Posted by snarkette Lest we forget, Roger Simon handled the problem with OSM’s trademark name the same way he handled his busi [...]

  28. Blog Marketing, Blog Promotion for Newbies » Blog Archive » Opposing Viewpoints Says:

    [...] http://www.radioopensource.com, and he relinquished the domain name opensourcemedia.net.” The Name - Player #2 In response to the above mention f [...]

  29. Felicia Stromborn Says:

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    Open Source » Bl…

  30. Future Media Baron » Who Cares About Blog Networks? Says:

    [...] bunch.. most know nothing about business (some can get millions of dollars in funding but don’t have a clue about how to even name their company).. I feel b [...]

  31. Freckles Says:

    Regarding the mouse: if you would no longer like the rodent company, try the sound emitter type of mouse deterent. Set it up in the basement, if your office space has one.
    Better than traps.

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