I’ve been searching for a good mobile solution for my iPhone for close to a year now to no avail, and now that I’ve got the new phone I thought I’d do another search. For my old iPod, I own a Monster Cable iCruze, which integrates with your car stereo to attach directly to your iPod and you can then control the playlists on your iPod via your car stereo’s controls. Currently, it is serving as a great car charger for my iPhone, and that’s about it.

So I decided to do a search for an iPhone compatible version of the iCruze today, and was surprised to find that the king of all cables, Monster Cables itself’s, own website is completely inaccessible from Google, or any Firefox 3 user because of supposed “malware”. Currently, if you do a search for “Monster Cable” via Google, you’re presented with a link like below, warning you that the site “may harm your computer”.

Click on that link, and you’ll go to a page like this, completely preventing access to Monster Cable’s website without explicitly copying and pasting Monster cable’s URL in your browser:

Explicitly entering the URL, if you are in Firefox 3, takes you to the following page, which gives you the option to continue, but throughout the site this page appears again and again, making it extremely difficult to navigate. Firefox 3 seems to rely on Google’s own malware reporting, which is the reason for Firefox’s error.

The Google “Safe Browsing Diagnostic Page” for MonsterCable.com seems to indicate that the error is most likely being generated by third party scripts that are “hosted on 9 domain(s), including hdrcom.com, gbradw.com, bkpadd.mobi”. Google seems to indicate that this has been happening over the past 90 days.

It goes without wonder why such a large profile cable company as Monster Cable could not notice such a decrease in traffic from pretty much all of Google, and why if they have noticed, they have not taken action. We clearly know that no one at Monster Cable seems to be a Firefox 3 user, and if they do, they definitely don’t visit their own site, because you think that it would be fixed by now.

Can anyone figure out what the scripts are that Google claims to be malicious?

Just yesterday, Facebook announced their second F8 conference, to occur July 23, 2008. This Developer-targeted event is said to possibly include some major announcements, including the new Profile redesign, more information about the fbOpen platform, and most significantly, possibly the launch of their E-Commerce platform. What hasn’t been announced or shared however is the odd timing of the event.

The event occurs right smack dab in the middle of O’Reilly’s Open Source Convention, scheduled to occur for about the past year now from July 21 through July 25. This conference is known as an essential “Mecca” for Open Source developers around the globe, and has presentations from such players as Google, MySQL, Sun, Meebo, and even SixApart. Everyone who is a developer (unless you solely develop for Microsoft) or Sysadmin will be at this conference.

As a developer, this is tough news to hear that Facebook will make me choose between OSCON and them. Frankly, I would by default choose OSCON if I were any smart developer, as I would get more. So why isn’t Facebook just joining OSCON and doing an “F8″ track there? Do they really want to tick off Open Source developers? You better bet that OpenSocial will have a presence there. If Facebook really wanted to target the Open Source crowd, as they have “claimed” to do with their fbOpen Platform and a few other contributions back to the community, they would try to have a presence at this conference and not interrupt it as they are currently doing. I was actually going to go to OSCON to promote my FBML Essentials book to potential Facebook developers for O’Reilly. Now I’m forced with a decision. I’ve contacted Facebook with no response, and I’m getting a little frustrated as a Social Media developer. Which conference will you choose?

As the first entry to my Social Coding series I’m going to cover Google’s Social Graph API. I saw a demo of this at Google I/O in San Francisco and was so impressed that I immediately started hacking on it when I got home. Little did I know how powerful this API was and how much information it could pull off the web about a single individual!

Google’s Social Graph API takes a cache of the rich storage of links, information, and URLs on Google’s servers, and determines which of those contain information about actual people. It combines OpenID for confirming an individual’s identity, and XFN and FOAF XML protocols to determine links between those identities. With a simple <link/> tag on a user’s website, a user can determine other websites that also identify them. If you link to one URL identifying that location as you, and at the linked website, it links back to you, Google can tell for sure both of those websites are yours, and identify you as a person. Not only that, but you can similarly provide XFN information or FOAF information via similar <link/> tags or a separately linked file identifying who your friends are. If they link back to you via similar metadata Google can tell for sure that the two of you are friends.

The Social Graph API lives and breaths this data. There are actually quite a few Social networks that use this protocol to identify you and your friends. Sites like Digg, Twitter, and FriendFeed all utilize these protocols to identify your friends. The Google Social Graph API scans this data and organizes it in an easy way for you, as a developer, to access.

Let’s try a simple example, and you don’t even have to be a developer to try it. Google has provided a simple playground to see how the Social Graph API works. If you go to http://socialgraph-resources.googlecode.com/svn/trunk/samples/exploreapi.html, enter in a few URLs of your blogs, social networking profiles, and other identifying locations on the web, leave “Follow ‘me’ Links”, “Pretty Output” checked, and click, “Find connections”. For me, just “twitter.com/jessestay” was all I needed to enter in the textarea.

The resulting structure is organized in a format called JSON - if you’re a Perl developer you might be familiar with this, as it is formatted the same way as a Perl Hash structure. You’ll see under “nodes” a bunch of URLs with different metadata about the URL - these are URLs that Google thinks, based on the metadata in the URL you provided, are you or contain info about you. I’ve found that only those with a “profile” attribute are actual Social Network profiles for yourself, so be sure to pay attention to those.

You can also go back and click “show inbound links” and “show outbound links” - this will then return URLs with links to sites you have identified as yourself, as well as sites you own that claim other sites as identifying for you. Play around with it - there’s a wealth of information it will give you about people!

Now, if you’re not a developer, you can skip over this next section because I’m going to get technical by showing an example. I’m a Perl developer so I’ll show one in Perl.

In Perl it’s simple - you need to install Net::SocialGraph with a command similar to this:

perl -MCPAN -e “install Net::SocialGraph”

Then, a bit of code like this will give you the data you need:

my $sg = Net::SocialGraph->new(’fme’ => 1);

my @urls = ();
push (@urls,’http://twitter.com/jessestay’);
push (@urls,’http://facebook.com/profile.php?id=683545112′);

my $res = $sg->get(@urls);
my @profiles = ();
foreach my $node (keys %{$res->{’nodes’}}) {
  if ($res->{’nodes’}->{$node}->{’attributes’}->{’profile’}) {
    push (@profiles, $res->{’nodes’}->{$node}->{’attributes’}->{’profile’});
  }
}

In the above example I instanciate my $sg object, telling it to follow “me” attributes in the response. I add a couple URLs to identify the individual I want profile information for (in this case, me), and then make the call to the SocialGraph API to go get my info based on those URLs with the “get” method provided by the API. Then, I just traverse the response and I can do whatever I want with it. After this, I could take the response information and list all of the user’s profiles as links, or perhaps I could scan those profiles for more information and provide information about each identified profile. You’ll also note that it’s not always correct so you’ll want to let the user intervene. Also, note I’m looking for only links with a “profile” attribute - I’ve found these to be most accurate.

Beyond that, that’s it. Ideally, you could take the Playground example above and look at the resulting URL. The basics of the Social Graph API are just that URL - plug in whatever you want and you’ll get back whatever information you need. You could then parse it with Javascript, Perl, PHP, or just leave it in the “pretty” format the Playground provides you by default.

Now, imagine taking that data and combining it with, say the Twitter API to pull out all of an individual’s friends on Twitter, then applying the Social Graph API to each of those individuals. Soon, you have a tool which can identify which of a user’s friends are on which networks, and if there are any of your friends you have not yet added on those networks. This API is powerful!

The Social Graph API can be an excellent utility to find out more information about any individual using your applications. No longer do you have to ask the individual for that information - so long as they are active on Web 2.0 that information can be provided for them to choose from!

You can learn more about the Social Graph API here.

Please note I too am new to this API - any inaccuracies in this document please let me know in the comments and I will correct them for others to benefit.

Pay attention - Google is onto something big, something that could very well change the world, and no, it’s not OpenSocial or App Engine or Android. One of the biggest overlooked items in the last several days has been an announcement by Google to release an API for their Google Health service. I’ve mentioned before that Google Health is one of the single biggest threats to the Healthcare Industry since the establishment of company-paid Health Insurance (well, maybe not in those words, but that’s what I meant).

The Google Health API does two things, for the most part. It allows a developer to retrieve medical profiles stored in Google, and format them as a “Continuity of Care Document”, a standard in the HealthCare Industry for sending HealthCare history information and data from HealthCare provider to HealthCare provider (a provider would be your doctor, or a hospital, or dentist). This allows your doctor’s systems that are already familiar with this system to easily read your history and process it accordingly so your doctor can read it.

Secondly, it allows you to send profile information from your own systems into Google Health. Through a simple post to Google’s servers, you can send history information via XML and it will get stored in Google’s servers. So, as a doctor you can hire a developer like me, and we’ll parse the information from your systems, and your customers can simply use their Google login to access not only the information you stored about their visit, but their entire history from previous doctors.

This is the start of something beautiful. Previously in order to send and receive medical data, it required a firm knowledge of pages and pages of HIPAA documents to know and understand, and at the same time know how to get the information, which could be in many different formats into, and out of your systems as a doctor. Now, Google is providing a single source, and a standard for developers to understand that will allow any developer to transfer data into, and out of a single source into your systems. Now you only have to know one standard as a Doctor and you can have that patient’s entire medical history with the push of a button. Google knows the standards so you don’t have to.

Google is in the position to take this much further. As the single destination source for consumers, they have the power to control standards, track payments, health issues, and more, and provide a single standard to do all this. I wouldn’t be sleeping very well right now if I were a HealthCare company. Google is in a position to take the power out of their hands and put it back in the consumer’s. Google is about to change the world of Healthcare as we know it.

I don’t know if it’s the horrible logistics at yesterday’s keynote and that I had to sit on the floor to watch it, or the T-Shirts that in binary say, “GoogleKO” (Mike, I’ll give you mine if you have lunch with me tomorrow), or maybe the fact that I now can’t get internet connectivity as I write this due to the poor planning for WiFi in this room. Or maybe it’s that I’m presenting on Facebook and have had Facebook on the mind the time I’ve been here, but I’ve really been on an anti-Google run lately and I’m not sure why.

The biggest thing I’ve noticed here at Google I/O is there is absolutely no presence of Jaiku at the event. I haven’t seen any booths, presenters are not running it up on the screens like we saw with Twitter at Web 2.0, and it almost seems as though Google doesn’t care that there is an opportunity with the problems Twitter is having right now. In fact, I think I’ve even seen Twitter on a few of the presenters boxes rather than Jaiku.

Does Google just not care about Jaiku? They have an amazing opportunity here. Twitter is down about one half of the time. They are hosting a blog on their competitor, Tumblr’s, site because they can’t trust their own servers by all means! I don’t agree that FriendFeed is a competitor to Twitter - Jaiku is, however, and now is the time for them to step up! Google has a conference with attendance that perhaps exceeds that of Web 2.0, and the whole world watching them as they make some serious announcements, so I can’t figure out why they aren’t taking this opportunity to gain an edge on their competitors.

Jaiku is perhaps the only other service out there with an SMS status update system similar to Twitter’s. People really want to find another solution that solves what Twitter gives them. Jaiku does this, and Google is failing seriously at promoting it and bringing attention to it at this conference.

Tomorrow evening I’ll be heading off to Google I/O at the Moscone Center in San Francisco. I’m very excited to look over the various new technologies Google is offering, including OpenSocial, Google App Engine (keep an eye out for Bungee Labs, the competitor to App Engine - I hear they’re planning to make an appearance there), and hopefully I’ll get a first chance to play with Google FriendConnect. I’m hoping to take quite a bit back so I can apply it to the work I’m doing for Takes All Types to transition them over to OpenSocial.

While I’m out there, look out for me the next few nights. Tomorrow evening, probably late, I’ll be visiting the Wordpress 5th Anniversary at the Minna Gallery. That should be quite a fun event, and I look forward to meeting Matt Mullenweg and crew again. Then, Wednesday night, be sure to come out to the Silicon Valley Web Builders meeting, where I’ll be speaking to about 100-150 developers and such with an interest in Facebook and Social Media development. There, I’ll be speaking about a few tags you probably weren’t aware of in FBML, and we’ll go over some fun FBML facts, as well as discuss some of the latest news we’re seeing about Facebook lately. I also hear a local news reporter will be there, so the pressure is on. I’ll have a number of copies of my first book, “I’m On Facebook–Now What???” there for you to purchase, and I’m happy to autograph any copies you buy - if you haven’t yet RSVP’d please do so now!

The final event, Thursday night, is the Palo Alto Facebook Developers meeting. That meeting looks to be jam packed with developers, Facebook enthusiasts, and investors, from Jim Breyer, to Lee Lorenzen, to Justin Smith of InsideFacebook, to Dave Morin of Facebook, it seems anyone that has anything to do with Facebook will be there. They will be celebrating the 1 year platform anniversary, going over the new design and how that will affect developers. I anticipate some announcements out of that meeting, although I can’t say for sure.

So if your out in the area, stop by and say hi! I’m @jessestay on Twitter and FriendFeed - give me a holler and maybe we can go get some Thai or Seafood (my two favorite San Fran cuisines!) together. I look forward to seeing you all there!

I’ve been contemplating for awhile now a good way to share what I know about Social Software Development and helping business owners, marketers, and developers learn how to set up their own social apps. Especially for developers, I know there are many out there looking for howtos and ways to learn more about starting their own App, promoting it, and getting it off the ground. As the author of FBML Essentials, I feel I am well suited for the task so in the next few days I’m going to start doing howtos and overviews on how you can get your own Apps together. If you’re “the business type”, I may get a little technical on you, but I do recommend you keep watching and forward these onto your IT personell - your CIO, CTO, and the like should read these so they can learn what’s possible to integrate into your existing environments. I’ll also try to throw in a little goodie here and there for “the business type”.

So, I’ve created a new category to the right, “Social Coding” - if you want to track just that, click on the category name and add it to your RSS. I’ve also started a new FriendFeed Room where those involved or that want to get involved in Social Coding can discuss, learn, and talk with each other. You can subscribe to that here.

Let’s start by going over the types of sites I could cover. Here are just a few - let me know if you have a particular interest in learning about how to code for any one in particular:

• Facebook
• OpenSocial
• Google Friend Connect
• Twitter
• FriendFeed
• Pligg
• Digg
• LinkedIn
• MySpace
• Wordpress
• MoveableType
• Google App Engine
• Bungee Connect

Stay tuned! I’ll keep posting news and other rants as we go forward - I’ll just be adding in some good howtos at the same time. Oh, and if you’re a developer and would like to do a howto in your preferred language for us, contact me - I’d love to let you do a guest post.

Those that know me know that my last job before I went out on my own as an entrepreneur was with UnitedHealth Group working in their EDI Services division. While I was there I was following the interest Google had in Health Care with great curiosity. UnitedHealth Group (UHG) had many products Google could compete with, and perhaps at a better level. Google for the moment lacks a good, targeted audience in which to tap into the vast advertising money that could be provided by Pharmaceuticals and other Medical industry players. There is huge money in these areas of advertising, and I’m sure Google sees this as an opportunity (see the previous link - Google is definitely thinking about Health advertising!) they haven’t yet tapped into.

Today, Google launched the beta of their new Google Health product. Google Health competes right alongside UnitedHealth’s “Personal Health Histories” that they have provided to their customers. It allows you to easily provide your login credentials to about 20-30 HealthCare and Pharmaceutical providers, and import information from those providers into your Google Health Account. Not only that, but you can manually track health conditions and history of Doctors visits, medicine you are taking, hospital trips, and more, all through a simple login through your Google authentication credentials. All relying on the vast resources of hosting facilities and System Administrators protecting your data which Google has capability to provide.

Starting with Personal Health Histories, Google has the potential to do what UnitedHealth Group and others have been doing, but on a much larger, and unified scale. I would be willing to guess that a large majority of the internet has a Google account of some sort right now - imagine the possibilities!

For instance, what if Google were to integrate Google Calendar support into their interface? You could begin, just by importing your current medications, to receive alerts via text message and Google Calendar, reminding you to take your medication. Or perhaps your Doctor could integrate with Google Health to provide you with reminders and calendar entries of future appointments, as well as remind you when a Physical is due.

We’re just getting started though - now let’s take into account what Google is really good at - search. The project I was in charge of at UnitedHealth Group involved matching records between payers (the insurance companies) and providers (the doctors), an art that, thanks to our great government and the many rules and regulation they have already put into place but don’t follow themselves (called HIPAA), proved quite difficult. Many Insurance companies are making money off of this disunity and flaws in our Government’s system. Imagine if Google were to get into this game and start adding their own indexing algorithms to your medical records. In essence, Google themselves could become a “Clearing House” (a term in the Health Industry for basically a proxy/interpreter between payers and providers), sifting through claims and payments, matching them, and showing your bills, all through Google Health.

Imagine if your Doctor and your Health Insurance provider both join up to Google Health. All of the sudden, the two entities can understand each other and fewer errors will occur. Fraud will become less prevalent, and new standards will be established (if you call “Google” a standard). Ideally, your health care will become cheaper - I can see Doctors giving a discount if you maintain a Google Health Account because they can see more history and communicate with your provider better that way.

Now, imagine this - because Google is not a Insurance provider, they have an unbiased opportunity to show you some very interesting things. For instance, what if they started showing your payment histories to your Insurance provider vs. what the Provider was paying? They could begin to show customers how much more efficient it could be if they just went with a catastrophic insurance plan over their current plan, or how they could save money by just maintaining a Health Savings Account instead of paying a premium every month that goes nowhere. I can really see the potential of the Health Insurance companies getting cut out of the picture with the moves Google is making. Forget Universal HealthCare - Google will universalize it for us!

If Google can get their privacy issues out of the way, what if Google provided an opportunity to add in OpenSocial Support, allowing you, per privacy settings you set, to show the health histories of those you are related to (I can’t think of any reason to show this to just friends, but maybe you can). What if they provided a secure API to this, allowing other vendors, like Family History sites to have access to the data? Soon you’ll be able to track the health of your ancestors, and perhaps even track genetic reasons for the health issues you are having. I really think the possibilities are endless!

I think Google is onto something here - it is obviously another play in their world domination scheme, but with the position they have, why not? Maybe it’s the Libertarian in me, but Google may just revolutionize the Health Care Industry, without a need to turn to government here.

I’ve attempted to stay out of this until now because as Nick O’Neill implies, it’s pretty childish the way both the supporters and critics are handling this. I’m especially disappointed with the way Facebook is handling the Google Friend Connect issue. For those out of the loop, Facebook cancelled Google’s Friend Connect App on Facebook because, “it redistributes user information from Facebook to other developers without users’ knowledge, which doesn’t respect the privacy standards our users have come to expect and is a violation of our Terms of Service”. Facebook gave no examples of what sections of the Terms of Service Google was violating, nor did they explain why Google was wrong. This vaguely-presented move prevents Google from having a universal login and profile that includes Facebook.

Google responded today saying, “We read the Facebook numeric id, friendly name, and public photo URLs of the user and their friends. We read no other information.” Google then proceeded to show detailed examples of the data they are retrieving from Facebook, how it is presented back to them, and the fact that they only share the URL of the user’s public photo with third party applications. They also stated that they only store data for 30 minutes at a time, after which they purge any of the above data cached on their servers.

I was impressed with Google’s response, and due to the openness and (apparent) honesty of it, I’m edging towards Google’s side on this, and quite scared as a Facebook developer on what Facebook could do with my own Apps. Assuming Google is right and not leaving anything out, Facebook could potentially remove any developer’s App from Facebook, no questions asked (although they did say they contacted Google multiple times about “something”), even though, per the developer’s understanding of the Terms of Service, the developer’s App follows the rules.

Based on what Google has said, I can’t see anything they did wrong in the development of their App that violates the Terms of Service. I really wish Facebook would explain further so we as developers could ensure our Apps aren’t doing the same. It also brings up many important questions as to what Facebook means when it comes to certain parts of the Terms of Service. I’m actually quite confused now as to what I can and can’t do on Facebook.

For example, Section 2a-6 in the Terms of Service, it states:

“You may retain copies of Exportable Facebook Properties for such period of time (if any) as the Applicable Facebook User for such Exportable Facebook Properties may approve, if (and only if) such Applicable Facebook User expressly approves your doing so pursuant to an affirmative “opt-in” after receiving a prominent disclosure of (a) the uses you intend to make of such Exportable Facebook Properties, (b) the duration for which you will retain copies of such Exportable Facebook Properties and (c) any terms and conditions governing your use of such Exportable Facebook Properties (a “Full Disclosure Opt-In”);”

Yet, in the section before that, it says I can only store indefinitely the uid, nid, eid, gid, pid, aid, notes_count, and profile_update_time. Does this mean I can or can’t get a user’s permission to store data on my servers? What about permanent session keys? I don’t see them in that list, yet the documentation seems to imply you need one to auto-authenticate a user. Am I breaking the developer ToS by storing a permanent session key?

Google is passing the public photo URL to third parties. Technically, because this is public information, it doesn’t even take a developer key to retrieve that URL. I could simply pull up the user’s profile page via their profile ID, and scrape the photo from the public profile. Is this really what’s causing Google to have their App removed? If so, I’m really scared as a Facebook App developer.

As you can see, the Facebook developer Terms of Service are simply too vague and too confusing for any developer to feel secure about keeping their App on the network. With actions like the one Facebook took against Google, I now have to question if my Apps too could be a target for Facebook to remove. If Google, who has hundreds of Lawyers on hand to look over such terms can’t figure out what they can and can’t do on the service, how can I, as a developer know what I can and can’t do on the service? Right now it’s a complete guessing game, with just the hope that Facebook will be decent enough to give you a warning before canceling your App. Is this really how we as developers should be developing our Apps?

I really hope Facebook can clarify this matter. I think after this move by Facebook, Facebook needs to clarify their Terms of Service for Developers and first, explain according to what violation in the Terms of Service Google’s App was removed, and second, break down in plain English what we as developers can and can’t do.

Facebook, Google laid out all their cards, at least as far as we can tell (and even if not they certainly laid out way more than Facebook did). How about not leaving us developers hanging and clarify all this once and for all? As a developer, I’m absolutely confused and scared at the moment of the very Walled Garden I make a living off of.

Photo courtesy CommonSpace.org

A friend of mine, Ali Akbar (@aliakbar), has made me aware of an interesting development going on with the domain he bought, googleappsengine.com (note the “s”). When he bought it, he approached me asking if I would be a blogger for the site, with intent to blog about Google App Engine news and announcements on the domain. He seemed quite excited about it, and, as a fan of Google App Engine, saw this as the perfect domain to write under since Google didn’t seem to be using it.

On Friday, without even time to set up the blog he was intending to create, Ali received the following very generic letter from Google (which he shared with me), asking him, in a very bullied fashion, without any offer to even make it right, to surrender the domain or face legal consequences:

Dear Sir/Madam:

Google is the owner of the well-known trademark and trade name GOOGLE, as well as the domain name GOOGLE.COM. As you are no doubt aware, GOOGLE is the trademark used to identify our award-winning search engine, located at www.google.com. Since its inception in 1997, the GOOGLE search engine has become one of the most highly recognized and widely used Internet search engines in the world. Google owns numerous trademark registrations and applications for its GOOGLE mark in countries around the world.

Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for a wide range of goods and services. As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value.

You have registered, without Google’s permission or authorization, the domain name googleappsengine.com (the ‘Domain Name’). The Domain Name is either confusingly similar to or incorporates the famous GOOGLE mark in its entirety, and, by its very composition, suggests Google’s sponsorship or endorsement of your website and correspondingly, your activities.

Your use of the Domain Name constitutes trademark infringement and dilution of Google’s trademark rights and unfair competition. Your use of the Domain Name is diluting use because it weakens the ability of the GOOGLE mark and domain name to identify a single source, namely Google. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google’s services and trademarks. Moreover, your registration and use of the Domain Name is also actionable under the Uniform Dispute Resolution Policy (’UDRP’). Under similar circumstances, Google has prevailed in numerous UDRP actions. These decisions are located online at www.icann.org/udrp/udrpdec.htm.

In view of your infringement of our rights, we must demand that you provide written assurances within 7 days that you will:

1. Immediately discontinue any and all use of the Domain Name;
2. Take immediate steps to transfer the Domain Name to Google;
3. Identify and agree to transfer to Google any other domain names registered by you that contain GOOGLE or are confusingly similar to the GOOGLE mark;
4. Immediately and permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution.

Sincerely,
The Google Trademark Team

What???!! “You have registered, without Google’s permission or authorization, the domain name googleappsengine.com (the ‘Domain Name’).” So wait - now I have to get Google’s permission before I get any name that even resembles the Google trademark?

I am astounded at the bullyish nature of this letter, and to assume that anyone that buys any name even resembling the Google trademark to be a violation against their trademark name. Google clearly hasn’t been very good at defending this in the past - just searching with their own search engine, I’m finding tons of examples of sites using the Google name in their own domain name (yes, I “Google’d” it):

googlefight.com
googlesystem.blogspot.com
googleguide.com
googlealert.com
googlerankings.com

The list just gets started from there…

Now, let me preface this with the fact that I am not a Lawyer, but I did learn this in Law class in college. The “Uniform Dispute Resolution Policy” which Google references can be found here, and in the document, it states:

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

  (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

  (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

  (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

Based on Ali’s approaches to me, there was no intention for commercial gain, nor to tarnish the trademark or service mark at issue. I also have e-mail to prove his demonstrable preparations to use the domain in connection with a bona fide offering. Let me also add that my intention to blog for him was simply in my own support of the Google App Engine. I personally had nothing huge to gain from it other than possibly a little exposure from what could possibly be a good blog.

Let me also add that Trademark issue is a very different issue than the Copyright issue I mentioned before with the Mormon Church and Wikileaks. That issue was about Wikileaks knowingly stealing the content owned by the Mormon Church and using it for unintended purposes. This issue is simply about using the Google domain to further promote Google and its properties. Ali had intent to do such, and with my limited knowledge he should have every right to do so.

What if Facebook were to go after my other blog, FacebookAdvice, or even the book I co-wrote, “I’m on Facebook — Now What???“? What about my friend Nick O’Neill’s AllFacebook, or my other friend, Justin Smith’s InsideFacebook. What about my other blog, OpensocialNow? Does this mean I’m the next target to be bullied by Google?

Of course, GoogleAppsEngine.com isn’t my domain, and I don’t know what would make Ali feel better, but my suggestion to Google is to apologize to Ali for such a rude and inappropriate letter to what may be one of their biggest fans, and make right with him. How about, instead of threatening to take it away from him, offering him at least some swag and a little money for the domain? Come on Google - let’s not be evil here. I know you’re better than that.

As for Ali, last I heard he is not backing down. It’s a David vs. Goliath battle, but let’s hope Google can be a little better than Goliath in this case and just back down a little.

What do you think? Am I wrong on this issue? Is this just the same as the copyright issue I mentioned earlier? I’m very interested to hear your thoughts - this seems very unfair to me.

Photo courtesy http://mathmath-ecomm.blogspot.com/2007/11/google-is-useful-but-worried.html