Posted Thursday, May 25th, 2006, at 8:48 pm Eastern by Mark Wallace

From TechMeme and many other places comes the news that O’Reilly has trademarked the term “Web 2.0″ and has sent a cease-and-desist letter to IT@Cork, a small non-profit networking organization for IT professionals, which has been planning a Web 2.0 half-day conference for some months now. I have to admit, I find both parts of the story, the trademark and the letter, inexcusable. [UPDATE: It’s actually CMP that’s responsible for both legal actions. But as I point out in the comments below, O’Reilly has been acting as the shepherd of this meme, and should at least have told CMP to call off the dogs.]

Tim O’Reilly may have been in the room when the Web 2.0 meme got started, but everything it stands for, according to him, would argue against trademarking the term. In his September 2005 paper, What is Web 2.0?, he ventures that “you can visualize Web 2.0 as a set of principles and practices that tie together a veritable solar system of sites that demonstrate some or all of those principles, at a varying distance from that core.”

Unfortunately, O’Reilly’s move contravenes most of the principles he sets out in that paper, stuff like “Trust your users,” or “Architecture of Participation,” or “Hackability,” or “Software that gets better the more people use it,” or especially “Some rights reserved.” Web 2.0 is about inclusion and decentralized development (among other things). Trademark is, by legal definition, about exclusion, and about retaining control of an idea rather than welcoming the public to make use of it.

In his own damn blog (which, it must be pointed out, is published under a Creative Commons license), O’Reilly writes even today that “the best way to make yourself Web 2.0 is actually to expose your data in ways that let other people re-use it.” A concept is not data, to be sure, but a cease-and-desist letter is not commonly thought of as a document that encourages other people to make use of something.

Disappointing, to say the least.


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