Give credit where credit is due

[Bryan Ewbank]

In the vein of "give credit where credit is due"...

There's a new article [1] on David Allen's web site. The gist is
to be aware that they've had some trouble with misrepresentations and
will be more active in preserving the GTD concepts as their IP.

Bummer...

[1] http://www.davidco.com/blogs/david/archives/2005/04/heads_up_for_gt.html

[Nikolai Weibull]

Bryan Ewbank, April 26:

>
> In the vein of "give credit where credit is due"...
>
> There's a new article [1] on David Allen's web site. The gist is
> to be aware that they've had some trouble with misrepresentations and
> will be more active in preserving the GTD concepts as their IP.

Quoting the article:

Bottom line: if you're spreading and promoting the GTD methods
and techniques from a personal standpoint, because you just care
about the value of the information and want to share it with
others, I'm in full support of that. If, however, you're using
"GTD" and its implicit association with me and the David Allen
Company, for personal or enterprise economic gain, that's a
no-no. You can expect some version of "cease and desist" coming
your way.

So there's not really a problem as far as 43folders is concerned,
nikolai

--
Nikolai Weibull: now available free of charge at http://bitwi.se/!
Born in Chicago, IL USA; currently residing in Gothenburg, Sweden.
main(){printf(&linux["\021%six\012\0"],(linux)["have"]+"fun"-97);}

[Merlin Mann]

That's a fascinating post, for sure.

I suspect he's referring to companies who try to compete with his
speaking and consulting gig, or who try to blur their relationship to
him and his company, although, who knows?

I'm not a lawyer, but I imagine anything on 43 Folders is _well_ within
the protection of fair use. Any lawyers here got an opinion?

[Anthony Baker]

Well, no one is making a buck off this and we promote the hell out of
his book, so I hope he's happy.

Still am amazed he hasn't written more on offshoots like 43Folders and
others yet. Merlin, I trust he still hasn't gotten back to any of your
emails to him? We're like Dave Allen's own tribute band...

[Bryan Ewbank]

Not my intent to imply the newsgroup is anything but fair use; merely
an FYI that I felt should be passed along.

With every 4th post being "buy the book", it's probably okay :-)

[Merlin Mann]

Gosh, not at all, Bryan. I'm really glad to know about it. Thanks!

[mls_esq]

I am a lawyer, and I think the key here isn't fair use and copyright.
Ideas -- the GTD techniques themselves -- cannot (arguably) be
copyrighted. Their expression -- in David Allen's books and materials
-- can. Also, "Getting Things Done" could be considered a trademark or
service mark (ignoring registration requirements and suchlike), in
which case David Allen would have certain rights in the name.

What I read David Allen as saying is that GTD promotion (and referral)
is okay, but profiting from GTD -- whether from the copyrighted
materials or the name itself -- is not. Which, as this thread's name
says, is his due, legally and morally.

So we should continue to refer to "GTD" as a David Allen brand, and
link to davidco.com, and thus show whose ideas we are using, adapting,
and spreading. We should also -- and this is more important --
continue to make everything on the 43folders wiki freely available,
under the CC license currently in use, for example.

If we do all this, I infer that David Allen won't have a problem with
what we're doing.

But don't expect me to indemnify you based on my opinion! (See
http://www.silverman-esquire.com/disclaimer.html.)

[Merlin Mann]

Thanks, Mitch.

You know David Allen is a New College alum, too? From one of the first
classes.

Small world, eh?

[sud...@gmail.com]

In the comment thread, David Allen says "I do appreciate all the
referrals and the word-spreading that folks like 43Folders have done;
the issue, as previously mentioned, is when license was taken to imply
a direct connection with me and our company that doesn't exist, and/or
when no attribution is given for copyrighted or trademarked material."