It’s Thursday night, Dec 31st 2009 circa 5:30PM as I pen this blog post and while most people are prepping for festive New Year celebrations with family and friends, I’m thoroughly bummed at a recent email I just received from Monty, the creator of MySQL (see below).

Long story short, here is my comment I sent to Monty when I signed his petition just now:

allowing Oracle to control MySQL is akin to allowing Oracle to take over the English Alphabet’s 26 letters … the alphabet is free and no society can grow unless there are communal commons of communications that nobody owns but all of us are free to use and build upon … SHAME on ORACLE … pray the EU sees and endorses societal wisdom in keeping MySQL the free, open source, rich LAMP cornerstone it is today … THINK “eminent domain” … to that level, forward thinking EU Leaders should exercise eminent domain on WinXP SP2 … Oracle and M.Soft are companies that are out-dated akin to out-dated principles like Human Slavery … Long Live the Best of Open Source … Viva MySQL … cordially, chuck scott, ridgefield connecticut, www.chuckingit.com …

Accordingly, please follow the links in Monty’s email to learn about the evil doings where the Sun does not shine (literally).

Happy New Year and here is hoping 2010 brings about more love, joy, success and positive growth for all and our planet.

Email from Monty - Creator of MySQL

Hi!

I am contacting you because you have in the past shown interest in
MySQL and from that I assume you are interested in the future
well-being of MySQL.

Now you have a unique opportunity to make a difference. By signing
the petition at http://www.helpmysql.org you can help affect the
future of MySQL as an Open Source database.

You can find more information of this on my latest blog post at:
http://monty-says.blogspot.com/2009/12/help-keep-internet-free.html

Help us spread the world about this petition!
http://www.helpmysql.org is available in 18 languages and every vote
is important, independent of from where in the world it comes!
If you know people that are using MySQL, please contact them and
ensure they also sign the petition!

Regards,
Monty
Creator of MySQL

PS: If you already have signed the petition or know about it, sorry for
reminding you about this! Because of the importance of this issue,
I am trying to contact every person that I have ever communicated
with regarding MySQL.

- fin -

Recently there was a thread in a Yahoo Developers Forum that I subscribe to about how to sell and value a domain name.

Since I’ve bought and sold many domains over the years, I thought I’d post this Yahoo thread here as it ends with my response which may be of value to those who are thinking of buying and/or selling domains.

The Yahoo thread started simply when one member reached out to the group and said:

I was contacted last week by an attorney who wanted to know if I was interested in selling a domain that I own funpoints.com

I have never used the name and have held onto it thinking that the right project would come along. Anyway, he later offered $1000.00 for the domain. Before I just blow him off, I thought I would ask the group if I am over valuing the domain name. By the way, he specializes in the Entertainment Industry and Trademarks.

I always thought it would be a great name for a rewards points program for one of the airlines or card issuing banks.

The first reply to his question was this:

I feel you have legitimate reason to hold out for more. That’s actually a really good domain name. Just come up with a counter offer of $7,500 and then he’ll meet you at 5,000.

And the second reply was this:

you might want to start the negotiations by letting him think you are not that interested in selling (instead of throwing a number out there right away). you will then find out how interested he is in buying. That is usually the best starting point.

And the third reply was from me - enjoy!

i happen to have some decent experience buying and selling domains for self and clients and your situation reminds me of one of my early 5 figure sales … so here are a couple rambles for whatever it’s worth dept …

a) values … there are a number of sites out there that will give you a valuation … some are bogus, some are legit … in the end, domain values are a lot like antiques - sure your Picasso might be worth $10 million but the bigger question is not the value but finding a buyer who is willing to pony up the $10 million at a time when you are looking to cash in … thus there is an opportunity cost vs a valuation … ultimately, it is only worth what someone is willing to pay for it …

b) domain values are also a lot like diamond valuations in that there are several characters that determine value (e.g., cut, clarity, carrots, etc.) … ditto for domains (e.g., shorter = better, dot com = better, phonetic one-way spelling = better) … consider one of my domains, cooltea.com … this is short, a dot com, but if you say it aloud or heard it on a radio station, one could spell it as KoolTee, CoolT, etc … vs a longer domain like DiscoverNewEngland.com but can only be spelled the way it sounds … thus on some level the second domain could be argued to be more valuable than the shorter one ..

now this concept of values does not take into account any revenue generation from ppc (pay per click) or ecommerce you might be doing (all of which would add to the domain value)

c) selling yourself short … i got similar out of the blue offer for a real estate domain i had in my portfolio (without naming names, lets call this domain “SomeStateRealestate.com” … the guy offered $2k in his initial email thus i knew he wasn’t a tire kicker … so we picked up phone and spoke … ultimately i settled for $12k by financing the domain … e.g., i modified the name servers to point to his network so he could use domain while he then paid monthly payments … when paid in full, i transferred domain and was done … the legal contract i had to produce was a bit of a head scratcher as i didn’t want to be liable for anything while he was using the domain during the finance period but i digress … later, i learned of a related domain, NewYorkRealEstate.com, which sold for $100k … thus i knew i undersold but that is part of the learning and at the time i was happy to get the money and break into the five figure sales …

d) another scenario … a couple years back i had been contacted by large travel web site that hired former Microsoft brand strategists to negotiate for one of my domains, LuxuryForLess.com … the company had a brand issue in that they were known as “CheapTravel” or something like that and their suppliers (e.g., the Marriots, Hyatts, Hiltons, etc.) did not want to be associated with “cheap” anything … the MS guys went and got a domain evaluation from independent group that came back with valuation under $5k … i laughed at him because around the same time i found high end domain brokers in Boston who had a minimum $20k commission (yes, twenty thousand) and confirmed that my domain was a minimal 6 figure, possibly 7 figure valuation …

morale of the story = domains are the brand in today’s global wired economy … who cares if you have a trademark for McDonalds - as long as you own mcdonalds.com … besides, there are common law trademarks and the legal eagles will tell us that when it comes to law, possession is 9/10ths of the game … ditto for domain brands …

thus my feeling is your domain, funpoints.com, is a minimum $20k domain … and possibly $50-60k for the right buyer … e.g., i know of a company locally that purchased patio.com for $100k and built their analog stores around said domain name … thus funpoints.com for a Mastercard or Discovercard kind of player (or even Las Vegas types) would have no problem ponying up fair market value … and besides, they aren’t making any more dot coms so the price will only increase with time …

accordingly, here is hoping you get what you are entitled to :>) cordially, chuck scott

And fyi, here is a PS that was not part of Yahoo thread …

Earlier this year we were approached by a group in the UK with a phone offer to buy DiscoverNewEngland.com for $5k … I didn’t inquire if that was in Euros or Greenbacks but promptly declined that offer and wouldn’t even consider unless it had another zero attached … thus beware of those low ballers out there … this is also another reason I don’t advocate domain auction sites like Sedo … the only real buyers and prospects at domain auction sites tend to be bottom feeders looking for basement bargain prices knowing they can flip the domain at a future point to a real brand at a hefty profit … i also have real concerns about ethics of firms like Sedo as they have stolen PPC money from us and their featured domain service produced not one inquiry but I’ll post that account separately …

Last night was a Friday night and a night that was once the all important date night. But now that I’m part’n parcel of a happily married couple, it was a night like many others except for the fact that I was wired as I entered the master bedroom that featured resting wife and snoring dog.

I was wired with ideas and spirit not because of substances, but high on new technologies I was evaluating earlier that day. Technologies like XAMPP, TikiWiki and Moodle - awesome open source tools that the more I learned about and experimented with, the more juiced I got with ideas for mapping to business opportunities.

So I entered the sleeping bedroom not knowing what to do next. I knew I had to power down, but I also knew I probably wouldn’t get to sleep for another two hours or so.

Thus the issue became:

• Do I enter the bedroom with laptop and continue to surf and educate myself about these technologies (yes, I have headphones, wireless keyboards, and illuminated keyboards so as to cut down on audio / video noise thus respect sleeping wife);
• Do I leave laptop in office and flip the TV channels to find something fun to watch and relax (the TV was already on with low volume set to the Food Network);
• Or, do I turn the TV off and pick up one of the many books that I have open and can’t wait to finish reading but need to turn the lights up to read ..??..

While tempted to continue computing with the wireless laptop, I opted to leave it in the office and first try the TV option via halfhearted attempt of channel surfing knowing I could dive into one of the books as fail safe option.

So I flipped and flipped and nothing exciting appeared on TV that I haven’t already seen on some of my favorite channels (e.g., history, travel, and discovery). But then the cosmos inspired me to flip to the PBS channel (channel 13) just in time to see Charlie Rose interview Professor Lawrence Lessig.

WOW! What a TV surprise - two of my favorite people, neither of whom know me but both of whom I respectfully honor.

Below is a video clip of that interview hosted on Google - enjoy!

I should also note that the reason I love this interview and these two people is partly due to their content sensibilities - e.g., Professor Lessig has been (and continues to be) instrumental in shaping the Creative Commons and argued CopyLefts (vs CopyRights) before the Supreme Court; Charlie Rose has been (and continues to be) inspiring with his objective and truthful coverage of multilateral thinkers, do-ers, movers-n-shakers, et al.

But back to the video clip. It is a dialogue between Charlie and Larry about many things including why Congress failed on copyright issues (simple issues), why Congress continues to fail on the big issues (e.g., global warming), and why Congress needs to change (e.g., upgrade to Congress 2.02b) in order to survive by serving the greatest good (a good thing) which is us (i.e., we the people - everyday people who vote, pay taxes, do our best to add to the system, get along, play by the rules, groove with the flow, just get by, hang on, etc.).

The big idea (as I understand it in this video interview) is that Congress needs to move from money focus to idea focus.

In the old days, I believe they called this Statesmanship - vs today’s vulgar political hack who sells out to special interests even though all parties involved are mostly in denial.

So the good news is that what once was old is new again - yippee - e.g., for best examples of Statesmanship see Founding Fathers.

And as they used to say in Brooklyn, “Go You Guys! Just You Go!”

In AlwaysCreative, I argue that property rights as currently advocated in North America are a human tragedy in their current state.

Balancing cultural needs with artists' and inventors' rights has been an ancient issue and one that our Founding Fathers spent a great deal of time in drafting a suitable framework, which as time has moved forth, has been all but lost.

U.S. property rights seem to resonate the greatest with those rooted in greed, stinginess, insecurity, and/or paranoia. Often found hiding behind soulless bureaucracies, these Darwinian life forms continue to advocate tinkering with a system mostly for their own profits while failing to consider the overall culture's needs (e.g., Fair Use, Public Domain).

Why is it the man most responsible for cementing the democratic framework has been so ignored in this department?

Thomas Jefferson realized that a balance between cultural need and artistic need could be solved by offering the artist limited rights for a period of time. The U.S. Constitution states:

Article 1, Section 8 - "The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries… Amendment I - Congress shall make no law…abridging the freedom of speech, or of the press…"

Even the Universal Declaration of Human Rights via the United Nations (1948) places cultural needs above artists' rights:

"Article 27 - 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits."

Michael Hart's Project Gutenberg newsletter, March 1997, states:

"Copyright in the US was originally proposed by Jefferson to be 14 years - which was extended to 28 years immediately, then 56 years to defeat the first steam and electric powered printing presses of a century ago, and to 75 years to defeat the Xerox machine. Now they are trying for 95 years to defeat text made available via computer networks."

Hmmm.

I've heard intellectual property experts argue that patents are the highest form of absolute protection under U.S. law; they are above trademarks which are above copyrights. The U.S. Patent Office, created in 1836, legislated in 1790, offers patent recipients only seventeen (17) years of free reign. This is only three more years than originally proposed by the great frameworker, Thomas Jefferson, son of the Republic, for copyrights! What's more is that many patent attorneys will confess most patents don't make money. So why the stranglehold on copyrights - greed hidden behind the soulless!

Consider the Grateful Dead, Dave Matthews Band, and The Black Rat's approach to intellectual property rights.

Both bands allow their customers to tape the live concerts and share those tapes with friends and family. During an interview with Charlie Rose, Dave Matthews even went so far as to suggest this sharing strategy was a huge part in their growing popularity. And during another interview, Grateful Dead lead guitarist, Jerry Garcia commented, "My responsibility is to the notes. Once they leave my guitar, they have a life of their own."

Yet, The Brothers Grimm who a century before Walt Disney came on the scene, wrote about folklore and fairytales, many of which became the basis for Disney motion pictures. The reason we have the Sony Bono Copyright Act which extended copyright protection another twenty years on average, is chiefly because the Disney corporation's home turf was in Sony Bono's district when he was serving as a Congressman.

So even though the Disney organization (aka The Black Rat) has enjoyed so many cultural heritages leveraged from the likes of the Grimm Brothers, the Disney position can only be viewed as being about money and greed. Apparently, then Disney Rat Pack CEO called Congressman Bono and said, "We're going to loose Mickey if you don't do something. Under current copyright law, Mickey is about to expire and enter the Public Domain."

So here we are with yet another round of unnecessary copyright extensions that prohibit all of us from truly participating with our contemporary cultural heritage for the balance of our foreseeable lives.

But there is a bright spot and a reason for hope despite the misguided government action and corporate one-sidedness, and that is with the work being championed by the Creative Commons.

Viva the intellectual property rights' rock stars among us!

And here's hoping a new breed of government leaders will emerge in the near future and help course correct back to Jeffersonian wisdom.

PS - Here is link to Cathedrals and Open Source: Bazaars of Rights - a chapter from AlwaysCreative that further explains why copyrights are out of control

Wally Amos, aka Famous Amos as in the Famous Amos Chocolate Chip Cookie founder, was perhaps the most colorful entrepreneur I’ve met to date.

I remember him on stage at the Academy of Distinguished Entrepreneurs beaming with tons of energy, flashing a huge warm smile, and wearing this outrageously colored, fully embroidered, denim-jacket glittering with patterns of sequins that were all things cookies and chocolate chip cookies at that. It was one of those jackets that you’d expect to find in a Broadway play like Joseph and the Amazing Technicolor Dreamcoat, and not your typical three piece navy or gray pinstriped suit jacket worn by most panelists.

Before Wally started to give his presentation, he turned to the audience and explained the honor and joy he had in wearing his embroidered cookie jacket — because his wife had made it for him.

Wally went on to explain how important it is to have family support when embarking on entrepreneurial paths and his jacket clearly indicated his family’s enthusiastic support.

Before starting his cookie business, Wally was in the music business out in California as an A&R guy. At the time, he could not read or write and had less than a skyrocketing career, although he did represent some famous talents - e.g., Helen Reddy.

Apparently, whenever Wally called on clients and prospects, he would always bring along some homemade chocolate chip cookies to leave behind with his appointments. It was his grandmother’s recipe and Wally loved to share the cookies he baked with everybody in the business.

Prospects would teasingly say, “Hey Wally. Sorry I can’t use your services, but those cookies - they’re awesome. You should really think about opening a business selling them. They’re incredible and any chance I can get some more next time you swing through the area? And, I’ll pay!”

And so with the support of family and friends (e.g., Helen Reddy as early financial investor), Wally launched into the cookie business.

The one sad note about Wally’s story was with respect to intellectual property rights. Turns out when Wally sold his business, unwittingly to him, he also lost the right to use his own surname to promote any new food products. I recall a court battle and being appalled that his counsel did not give him better advice when he signed the sell agreement but I digress.

In the end, Wally conveyed encouragement to follow one’s passions, gain the trust of family stakeholders and friends, then go for it. And if lucky enough to collect any awards along the way, not to hesitate to wear true colors - on sleeves, back, front pockets, chest, etc. - viva the Chocolate Chip Cookie DreamCoats!