You cannot copyright a Tweet

CONTRARY to popular belief and Twitter’s terms of service, you cannot copyright a Tweet. Under US law, copyright is granted on publication to “original works of authorship” finalized in “fixed forms of expression” but this does not extend to names, titles, or short phrases (PDF).

As messages sent via Twitter cannot be longer than 140 characters, they cannot be copyrighted. However original, witty, or profound they may be, nothing more than good manners protects your original expression of authorship. If you wish to let other people quote or use your Tweets, you need not “license” them; indeed, technically, you cannot license them, since they are in the public domain the instant you publish them.

If you write a clever Tweet and wish to assert ownership (and if money is no object), you may apply for a trademark. Good luck with that.

Otherwise, your Tweets are like the air. Anyone can do anything like to them, including quoting them with or without your permission. If an enterprising company wants to take something you said on Twitter and slap it on a tee shirt, they may do so. If a gent of the disturbed persuasion wants to engrave your tweet into a 600-foot swastika, he may do so.

If this disturbs you, suck it up, or stop using Twitter—or mark your Twitter feed as private. This will not copyright your Twitter mutterings but it will keep many people from seeing them.

If it deeply disturbs you (and money is no object), mount a case to change the law.

Me, I plan to use Twitter forever. And any party so inclined may make a whistle of my Tweets. But my saying so here is irrelevant because you cannot copyright a Tweet.


Update: Comments are now closed, but you may read what others had to say. Thanks to all for a lively and illuminating discussion.


Laying Pipe

The Pipeline inaugural podcast

Dan Benjamin and yours truly discuss the secret history of blogging, transitioning from freelance to agency, the story behind the web standards movement, the launch of A Book Apart and its first title, HTML5 For Web Designers by Jeremy Keith, the trajectory of content management systems, managing the growth of a design business, and more in the inaugural episode of the Pipeline.


The Stars Look Down

Favrd

It wasn’t the first time and won’t be the last. Like an angry Hebrew God, he creates things and then, in fits of pique, destroys them.

Sometimes, on the web, communities end because money runs out. Not the case here. Sometimes they end because one company buys another, and that is almost never good for anyone except a couple guys who get rich. Again, not the case here. No money changed hands or ever would have. This was an exchange far below the radar of the venture capitalists who flatten the earth in their endless quest for the gold that leaks from bubbles before they pop.

Here we had a smallish but passionate international community of fun, bright people who not only amused but, yes, loved each other. Now it’s gone. Just like that, poof.

Alas, stars on Twitter have become mere take-out menus hung on the doors of other restaurants.

Whatever.

Short URL: zeldman.com/?p=3198

Web Type: Lupton on Zeldman

Designing With Web Standards

Today in Print, Ellen Lupton interviews Jeffrey Zeldman (that’s me) on web typography, web standards, and more. Part one of a two-part interview.

Ellen Lupton is curator of contemporary design at Cooper-Hewitt, National Design Museum in New York City and director of the Graphic Design MFA program at Maryland Institute College of Art (MICA) in Baltimore. She is the author of numerous books and articles on design, a frequent lecturer, and an AIGA Gold Medalist.

This has been a nutritious part of Web Type Day.

Short URL: zeldman.com/?p=2932

Chicago Deep Dish

Dan Cederholm and Eric Meyer at An Event Apart Chicago 2009. Photo by John Morrison.

For those who couldn’t be there, and for those who were there and seek to savor the memories, here is An Event Apart Chicago, all wrapped up in a pretty bow:

AEA Chicago – official photo set
By John Morrison, subism studios llc. See also (and contribute to) An Event Apart Chicago 2009 Pool, a user group on Flickr.
A Feed Apart Chicago
Live tweeting from the show, captured forever and still being updated. Includes complete blow-by-blow from Whitney Hess.
Luke W’s Notes on the Show
Smart note-taking by Luke Wroblewski, design lead for Yahoo!, frequent AEA speaker, and author of Web Form Design: Filling in the Blanks (Rosenfeld Media, 2008):

  1. Jeffrey Zeldman: A Site Redesign
  2. Jason Santa Maria: Thinking Small
  3. Kristina Halvorson: Content First
  4. Dan Brown: Concept Models -A Tool for Planning Websites
  5. Whitney Hess: DIY UX -Give Your Users an Upgrade
  6. Andy Clarke: Walls Come Tumbling Down
  7. Eric Meyer: JavaScript Will Save Us All (not captured)
  8. Aaron Gustafson: Using CSS3 Today with eCSStender (not captured)
  9. Simon Willison: Building Things Fast
  10. Luke Wroblewski: Web Form Design in Action (download slides)
  11. Dan Rubin: Designing Virtual Realism
  12. Dan Cederholm: Progressive Enrichment With CSS3 (not captured)
  13. Three years of An Event Apart Presentations

Note: Comment posting here is a bit wonky at the moment. We are investigating the cause. Normal commenting has been restored. Thank you, Noel Jackson.

Short URL: zeldman.com/?p=2695

Links for a Thursday

In this installment: a free tool to create EOT Lite webfonts; An Event Apart interviews CSS web comic creator; Apple is exonerated of censoring iPhone dictionary; and “a new breed of documentary photographers.”

“A New Breed of Documentary Photographers”
Curated by photographer/photo editor Geoffrey Hiller, Verve Photo presents “photos and interviews by the finest young image makers today.” Case in point: Joni Sternbach, and her amazing 8″ x 10″ Unique Tintypes of surfers.
Schiller Responds Re: Ninjawords and App Store

Daring Fireball follows up on its previous Ninjawords: iPhone Dictionary, Censored by Apple, exhonerating Apple of censorship and suggesting that “Apple’s leadership is trying to make the course correction that many of us see as necessary for the long-term success of the platform.”

An Interview With the Creator of “CSSquirrel”
CSSquirrel is both a person and a web comic. Both are profoundly geeky. Picture a comic where, to understand the punch line, you have to follow the politics of the development of the HTML 5 specification or be conversant with the details of RGBa color notation, and you’ll know why we love the subject of this interview.
Ascender Corp. introduces tool to create EOT Lite fonts

In their own words:

Ascender has made a proposal for a subset of the Embedded OpenType (EOT) format with two features removed:

  • MTX font compression
  • URL Binding (root strings)

…In order to help type designers, foundries and font vendors create an EOT font without these two features, Ascender has developed a simple software utility called the “EOT Lite Wrap Tool.”

This GUI-based tool is compiled to run under Windows, Mac OS X and Linux. Features in the tool include:

  • Wrap a single font or a batch of fonts
  • View the EOT font header information

Ascender is offering a free license to this tool to qualified type designers, foundries and font vendors for use to create EOT versions of their own fonts.

Please review the Read Me file and EULA before requesting a copy.

[tags]webfonts, apple, censorship, ascender, EOTLite, documentary, photographers, photographs, blog, CSS, CSSquirrel, webcomics, aneventapart, interviews[/tags]

The Amanda Project

Designed by Happy Cog and launched today, The Amanda Project is a social media network, creative writing project, interactive game, and book series combined:

The Amanda Project is the story of Amanda Valentino, told through an interactive website and book series for readers aged 13 & up. On the website, readers are invited to become a part of the story as they help the main characters search for Amanda.

The writing-focused social media network is designed and written as if by characters from the Amanda novels, and encourages readers to enter the novel’s world by joining the search for Amanda, following clues and reading passages that exist only online, and ultimately helping to shape the course of the Amanda narrative across eight novels. (The first Amanda novel—Invisible I, written by Melissa Kantor—comes out 22 September.)

The site developed over a year of intense creative collaboration between Happy Cog and Fourth Story Media, a book publisher and new media company spearheaded by publishing whiz Lisa Holton. Prior to starting Fourth Story, Lisa was was President, Scholastic Trade Publishing and Book Fairs; managed the publication of Harry Potter and the Deathly Hallows; and oversaw development of The 39 Clues. Before that she spent nearly a decade developing numerous bestselling, franchise-launching series at Disney.

Happy Cog‘s New York office developed this project. The team:

Equally vital to the project’s success were Fourth Story’s leaders and partners, including:

  • Lorraine Shanley, Principal Advisor
  • Ariel Aberg-Riger (website, Twitter), Creative Development & Marketing Manager
  • JillEllyn Riley, Editorial Director
  • Dale Robbins, Creative Director
  • David Stack, Director, Digital Partnerships
  • Melissa Kantor, Writer
  • Peter Silsbee, Writer
  • Polly Kanevsky, Art Director
  • Sam Gerstenzang, Technology Consultant

Today’s launch is not the end of our relationship with Fourth Story Media. The Amanda Project will continue to evolve, and Happy Cog will remain an active partner in its direction and growth. We thank our brilliant collaborators and congratulate them on today’s milestone.

Read more

[tags]amanda, amandaproject, theamandaproject, TAP, happycog, design, webdesign, contentstrategy, userexperience, publishing, books, aarongustafson, lizdanzico, erinkissane, whitneyhess, mattgoldenberg, kellymccarthy, jasonsantamaria, jeffreyzeldman, lisaholton, dalerobbins, davidstack, JillEllynRiley, ArielAberg-Riger[/tags]

Why Standards Fail

Back in 2000, CSS co-creator Bert Bos set out to explain the W3C’s design principles—“to make explicit what the developers in the various W3C working groups mean when they invoke words like efficiency, maintainability, accessibility, extensibility, learnability, simplicity, [and] longevity….”

Eventually published in 2003, the essay, although ostensibly concerned with explaining W3C working group principles to the uninitiated, actually articulates the key principle that separates great design from the muck we normally wade through. It also serves as a warning to Bert’s fellow W3C wizards not to seek the dark magic of abstract purity at the expense of the common good. Tragically for these wizards, and for we who use their technologies, it is a warning some developers of W3C specifications continue to overlook.

Design is for people

In his introduction, Bert summarizes the humanistic value that is supposed to be at the core of every web standard:

Contrary to appearances, the W3C specifications are for the most part not designed for computers, but for people. … Most of the formats are in fact compromises between human-readability and computer efficiency….

But why do we want people to read them at all? Because all our specs are incomplete. Because people, usually other people than the original developers, have to add to them….

For the same reason we try to keep the specifications of reasonable size. They must describe a useful chunk of technology, but not one that is too large for an individual to understand.

Over the succeeding 25 web pages (the article is chunked out in pamphlet-sized pages, each devoted to a single principle such as “maintainability” and “robustness”) Bert clearly, plainly, and humbly articulates a series of rather profound ideas that are key to the web’s growth and that might apply equally admirably to realms of human endeavor beyond the web.

For instance, in the page entitled “Use What Is There,” Bert says:

The Web now runs on HTML, HTTP and URLs, none of which existed before the ’90s. But it isn’t just because of the quality of these new formats and protocols that the Web took off. In fact, the original HTTP was a worse protocol than, e.g., Gopher or FTP in its capabilities….

And that fact shows nicely what made the Web possible at all: it didn’t try to replace things that already worked, it only added new modules, that fit in the existing infrastructure. …

And nowadays (the year 2000), it may look like everything is XML and HTTP, but that impression is only because the “old” stuff is so well integrated that you forget about it: there is no replacement for e-mail or Usenet, for JPEG or MPEG, and many other essential parts of the Web.

He then warns:

There is, unfortunately, a tendency in every standards organization, W3C not excluded, to replace everything that was created by others with things developed in-house. It is the not-invented-here syndrome, a feeling that things that were not developed “for the Web” are somehow inferior. And that “we” can do better than “them.” But even if that is true, maybe the improvement still isn’t worth spending a working group’s resources on.

Shrinkage and seduction

In his gentle way, Bert seems to be speaking directly to his W3C peers, who may not always share his and Håkon‘s humanism. For, despite what designers new to CSS, struggling for the first time with concepts like “float” and the box model may think, Bert and Håkon designed the web’s layout language to be easy to learn, teach, implement, maintain, and (eventually) extend. They also designed CSS not to overwhelm the newcomer with advanced power at the cost of profound complexity. (“CSS stops short of even more powerful features that programmers use in their programming languages: macros, variables, symbolic constants, conditionals, expressions over variables, etc. That is because these things give power-users a lot of rope, but less experienced users will unwittingly hang themselves; or, more likely, be so scared that they won’t even touch CSS. It’s a balance.”)

This striving to be understood and used by the inexperienced is the underlying principle of all good design, from the iPhone to the Eames chair. It’s what Jared Spool would call usability and you and I may consider the heart of design. When anything new is created, be it a website, a service, or a web markup language, there is a gap between what the creator knows (which is everything about how it’s supposed to work), and what you and I know (which is nothing). The goal of design is to shrink this ignorance gap while seducing us into leaping across it.

What were once vices are now habits

You can see this principle at work in CSS, whose simplicity allowed us to learn it. Although we now rail against the limitations of CSS 1 and even CSS 2.1, what we are really complaining about is the slow pace of CSS 3 and the greater slowness with which browser makers (some more than others) adopt bits of it.

Note that at one time we would have railed against browser makers who implemented parts of a specification that was still under development; now we admire them. Note, too, that it has taken well over a decade for developers to understand and browsers to support basic CSS, and it is only from the perspective of the experienced customer who craves more that advanced web designers now cry out for immediate CSS 3 adoption and chafe against the “restrictions” of current CSS as universally supported in all browsers, including IE8.

If CSS had initially offered the power, depth, and complexity that CSS 3 promises, we would still be designing with tables or Flash. Even assuming a browser had existed that could demonstrate the power of CSS 3, the complexity of the specification would have daunted everyone but Eric Meyer, had CSS 1 not come out of the gate first.

The future of the future of standards

It was the practical simplicity of CSS that enabled browser engineers to implement it and tempted designers to use (and then evangelize) it. In contrast, it was the seeming complexity and detachment from practical workaday concerns that doomed XHTML 2, while XHTML 1.0 remains a valid spec that will likely still be working when you and I have retired (assuming retirement will be possible in our lifetime—but that’s another story).

And yet, compared to some W3C specs in progress, XHTML 2 was a model of accessible, practical, down-to-earth usability.

To the extent that W3C specifications remain modular, practical, and accessible to the non-PhD in computer science, they will be adopted by browser makers and the marketplace. The farther they depart from the principles Bert articulated, the sooner they will peter out into nothingness, and the likelier we are to face a crisis in which web standards once again detach from the direction in which the web is actually moving, and the medium is given over to incompatible, proprietary technologies.

I urge everyone to read “What is a Good Standard?“, and I thank my friend Tantek for pointing it out to me.

[tags]W3C, design, principles, bertbos, maintainability, accessibility, extensibility, learnability, simplicity, specs, standards, css, markup, code, languages, web, webdesign, webstandards, webdevelopment, essays[/tags]

Web fonts, HTML 5 roundup

Over the weekend, as thoughtful designers gathered at Typecon 2009 (“a letterfest of talks, workshops, tours, exhibitions, and special events created for type lovers at every level”), the subject of web fonts was in the air and on the digital airwaves. Worthwhile reading on web fonts and our other recent obsessions includes:

Jeffrey Zeldman Questions The “EOT Lite” Web Font Format

Responding to a question I raised here in comments on Web Fonts Now, for Real, Richard Fink explains the thinking behind Ascender Corp.’s EOT Lite proposal . The name “EOT Lite” suggests that DRM is still very much part of the equation. But, as Fink explains it, it’s actually not.

EOT Lite removes the two chief objections to EOT:

  • it bound the EOT file, through rootstrings, to the domain name;
  • it contained MTX compression under patent by Monotype Imaging, licensed by Microsoft for this use.

Essentially, then, an “EOT Lite file is nothing more than a TTF file with a different file extension” (and an unfortunate but understandable name).

A brief, compelling read for a published spec that might be the key to real fonts on the web.

Web Fonts—Where Are We?”

@ilovetypography tackles the question we’ve been pondering. After setting out what web designers want versus what type designers and foundries want, the author summarizes various new and old proposals (“I once heard EOT described as ‘DRM icing on an OpenType cake.’”) including Tal Leming and Erik van Blokland‘s .webfont, which is gathering massive support among type foundries, and David Berlow’s permissions table, announced here last week.

Where does all of this net out? For @ilovetypography, “While we’re waiting on .webfont et al., there’s Typekit.”

(We announced Typekit here on the day it debuted. Our friend Jeff Veen’s company Small Batch, Inc. is behind Typekit, and Jason Santa Maria consults on the service. Jeff and Jason are among the smartest and most forward thinking designers on the web—the history of Jeff’s achievements would fill more than one book. We’ve tested Typekit, love its simple interface, and agree that it provides a legal and technical solution while we wait for foundries to standardize on one of the proposals that’s now out there. Typekit will be better when more foundries sign on; if foundries don’t agree to a standard soon, Typekit may even be the ultimate solution, assuming the big foundries come on board. If the big foundries demur, it’s unclear whether that will spell the doom of Typekit or of the big foundries.)

The Power of HTML 5 and CSS 3

Applauding HTML 5’s introduction of semantic page layout elements (“Goodbye div soup, hello semantic markup”), author Jeff Starr shows how HTML 5 facilitates cleaner, simpler markup, and explains how CSS can target HTML 5 elements that lack classes and IDs. The piece ends with a free, downloadable goodie for WordPress users. (The writer is the author of the forthcoming Digging into WordPress.)

Surfin’ Safari turns up new 3-D HTML5 tricks that give Flash a run for its money

Just like it says.

Read more

  • Web Fonts Now, for Real: David Berlow of The Font Bureau publishes a proposal for a permissions table enabling real fonts to be used on the web without binding or other DRM. — 16 July 2009
  • Web Fonts Now (How We’re Doing With That): Everything you ever wanted to know about real fonts on the web, including commercial foundries that allow @font-face embedding; which browsers already support @font-face; what IE supports instead; Håkon Wium Lie, father of CSS, on @font-face at A List Apart; the Berlow interview at A List Apart; @font-face vs. EOT; Cufón; SIFR; Cufón combined with @font-face; Adobe, web fonts, and EOT; and Typekit, a new web service offering a web-only font linking license on a hosted platform; — 23 May 2009
  • HTML 5 is a mess. Now what? A few days ago on this site, John Allsopp argued passionately that HTML 5 is a mess. In response to HTML 5 activity leader Ian Hickson’s comment here that, “We don’t need to predict the future. When the future comes, we can just fix HTML again,” Allsopp said “This is the only shot for a generation” to get the next version of markup right. Now Bruce Lawson explains just why HTML 5 is “several different kind of messes.” Given all that, what should web designers and developers do about it? — 16 July 2009
  • Web Standards Secret Sauce: Even though Firefox and Opera offered powerfully compelling visions of what could be accomplished with web standards back when IE6 offered a poor experience, Firefox and Opera, not unlike Linux and Mac OS, were platforms for the converted. Thanks largely to the success of the iPhone, Webkit, in the form of Safari, has been a surprising force for good on the web, raising people’s expectations about what a web browser can and should do, and what a web page should look like. — 12 July 2009
  • In Defense of Web Developers: Pushing back against the “XHTML is bullshit, man!” crowd’s using the cessation of XHTML 2.0 activity to condescend to—or even childishly glory in the “folly” of—web developers who build with XHTML 1.0, a stable W3C recommendation for nearly ten years, and one that will continue to work indefinitely. — 7 July 2009
  • XHTML DOA WTF: The web’s future isn’t what the web’s past cracked it up to be. — 2 July 2009

[tags]@font-face, berlow, davidberlow, CSS, permissionstable, fontbureau, webfonts, webtypography, realtypeontheweb, HTML5, HTML4, HTML, W3C, WHATWG, markup, webstandards, typography[/tags]