```json
{
    "title": "The Schwimmer Concept: Commercial Aggregation v. Non-commercial Aggregation",
    "url": "https://performancezen.com/2005/01/16/the-schwimmer-concept-commercial-aggregation-v-non-commercial-aggregation/",
    "datePublished": "2005-01-16",
    "dateModified": "2022-04-29",
    "language": "en-US",
    "description": "Martin Schwimmer, a trademark lawyer, has ignited a controversy over \"commercial\" aggregation services (here and here). It poses an interesting argument. The gut-reaction instinct is to marginalize his comments as…",
    "author": "spierzchala",
    "publisher": "Performance Zen"
}
```

# The Schwimmer Concept: Commercial Aggregation v. Non-commercial Aggregation

[Martin Schwimmer](http://trademark.blog.us/blog/), a trademark lawyer, has ignited a controversy over "commercial" aggregation services ([here](https://web.archive.org/web/20050213031802/http://trademark.blog.us/blog/2005/01/14.html#a1530) and [here](https://web.archive.org/web/20050425071114/http://www.schwimmerlegal.com/blog/2005/01/15.html#a1531)).

It poses an interesting argument. The gut-reaction instinct is to marginalize his comments as fringe element of the blogosphere. But [Russell Beattie's comments](https://web.archive.org/web/20181022132734/https://www.russellbeattie.com/blog/1008249.html) point out that line between public and private, personal and commercial use become extremely blurred in a new medium.

Perhaps what Martin Schwimmer should do is leap from the Trademark bubble and help DEFINE how a service such as Bloglines can use his content in a way that he agrees with. The law profession is far to reactive and non-solution oriented.

Don't quote old broken rules; be a leader and make new, effective ones. Leadership comes from bold new initiatives and the willingness to see what is, and make what should and can be.

I issue a challenge to Martin Schwimmer: lead, don't follow.