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	<title>Comments on: Pirate Party Battles LEGO Over Copyright and Trademark Injunction</title>
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	<link>https://torrentfreak.com/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/</link>
	<description>Breaking File-sharing, Copyright and Privacy News</description>
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		<title>By: SoundnuoS</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026791</link>
		<dc:creator><![CDATA[SoundnuoS]]></dc:creator>
		<pubDate>Sat, 26 Jan 2013 09:18:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026791</guid>
		<description><![CDATA[Thanks, but I&#039;m almost 100% doing teaching atm. I&#039;ll hopefully get something out there at some point, but nothing at the moment.
You could say I&#039;m writing to protect the market for my future work :)
Mostly it&#039;s out of some sense of loyalty with current and future musicians. Copyright really is needed in order for musicians to make money from the music they put out.
I&#039;m not saying no fair use ever, but the protection it gives is the only thing there is.

I&#039;m also thinking about what this will do one or two generations out. You say pirates are willing to pay for what they appreciate, and I&#039;m sure this is true for many. I&#039;m also sure that equally many are going &quot;cool, free stuff!&quot;
You already hear a lot of people saying records should be considered some kind of promotion. Imo it&#039;s a slightly absurd idea. There&#039;s no other line of work where it&#039;s suggested that people should put out their main product for free in order to be able to do some other work. (It has worked for some people doing software, but that really is a different set of conditions and possibilities)

My concern is that if piracy becomes even more mainstream this will within a generation be the default attitude. No one will even think of a record as something that should cost money.
That will mean future musicians would lose one important source of income making their job even harder.

I&#039;m also concerned purely as a fan of pop culture. I feel the reluctance to pay for entertainment will lead to less profitable (read: no mass appeal) products being unable to find support.
This will lead to less diversity and choice for people looking for options and I think we&#039;re already seeing some of this happening.

Thanks for the olive branch.]]></description>
		<content:encoded><![CDATA[<p>Thanks, but I&#8217;m almost 100% doing teaching atm. I&#8217;ll hopefully get something out there at some point, but nothing at the moment.<br />
You could say I&#8217;m writing to protect the market for my future work :)<br />
Mostly it&#8217;s out of some sense of loyalty with current and future musicians. Copyright really is needed in order for musicians to make money from the music they put out.<br />
I&#8217;m not saying no fair use ever, but the protection it gives is the only thing there is.</p>
<p>I&#8217;m also thinking about what this will do one or two generations out. You say pirates are willing to pay for what they appreciate, and I&#8217;m sure this is true for many. I&#8217;m also sure that equally many are going &#8220;cool, free stuff!&#8221;<br />
You already hear a lot of people saying records should be considered some kind of promotion. Imo it&#8217;s a slightly absurd idea. There&#8217;s no other line of work where it&#8217;s suggested that people should put out their main product for free in order to be able to do some other work. (It has worked for some people doing software, but that really is a different set of conditions and possibilities)</p>
<p>My concern is that if piracy becomes even more mainstream this will within a generation be the default attitude. No one will even think of a record as something that should cost money.<br />
That will mean future musicians would lose one important source of income making their job even harder.</p>
<p>I&#8217;m also concerned purely as a fan of pop culture. I feel the reluctance to pay for entertainment will lead to less profitable (read: no mass appeal) products being unable to find support.<br />
This will lead to less diversity and choice for people looking for options and I think we&#8217;re already seeing some of this happening.</p>
<p>Thanks for the olive branch.</p>
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		<title>By: Wally</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026772</link>
		<dc:creator><![CDATA[Wally]]></dc:creator>
		<pubDate>Sat, 26 Jan 2013 05:38:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026772</guid>
		<description><![CDATA[Take a good look at the pirate in the video.....look familiar??? Seems awfully close to a Lego figurine holding a Pirate Party flag to me.]]></description>
		<content:encoded><![CDATA[<p>Take a good look at the pirate in the video&#8230;..look familiar??? Seems awfully close to a Lego figurine holding a Pirate Party flag to me.</p>
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		<title>By: Gene Poole</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026751</link>
		<dc:creator><![CDATA[Gene Poole]]></dc:creator>
		<pubDate>Sat, 26 Jan 2013 03:30:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026751</guid>
		<description><![CDATA[Hey, listen, let me ask you something...separate from this pirate party schleck that I don&#039;t really care about anyway.

You&#039;re at least somewhat in the court of copyright maximalisation, at the very least you support the existence and use of copyright.

Now, given previous conversations with you I&#039;m led to believe that you&#039;re a musician yourself. Question: do you have a blog that you sell your music privately out of? and can one see the link? 

I can see an artist disagreeing with piracy if they feel that they&#039;re getting ripped off as a result, but I can not see an artist actively pushing for copyright unless they personally stand to profit from it, it doesn&#039;t stand to reason. So, do you have a place that one can see your music and possibly purchase it? I&#039;m more than happy to take a chance on your product, and always on the lookout for new music. Despite what some seem to want to believe, pirates are perfectly willing to put their money where their mouth is.

Consider it an olive branch.]]></description>
		<content:encoded><![CDATA[<p>Hey, listen, let me ask you something&#8230;separate from this pirate party schleck that I don&#8217;t really care about anyway.</p>
<p>You&#8217;re at least somewhat in the court of copyright maximalisation, at the very least you support the existence and use of copyright.</p>
<p>Now, given previous conversations with you I&#8217;m led to believe that you&#8217;re a musician yourself. Question: do you have a blog that you sell your music privately out of? and can one see the link? </p>
<p>I can see an artist disagreeing with piracy if they feel that they&#8217;re getting ripped off as a result, but I can not see an artist actively pushing for copyright unless they personally stand to profit from it, it doesn&#8217;t stand to reason. So, do you have a place that one can see your music and possibly purchase it? I&#8217;m more than happy to take a chance on your product, and always on the lookout for new music. Despite what some seem to want to believe, pirates are perfectly willing to put their money where their mouth is.</p>
<p>Consider it an olive branch.</p>
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		<title>By: SoundnuoS</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026658</link>
		<dc:creator><![CDATA[SoundnuoS]]></dc:creator>
		<pubDate>Fri, 25 Jan 2013 21:07:00 +0000</pubDate>
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		<description><![CDATA[@Gene Poole

The arguments for fair use would be stronger if the clip wouldn&#039;t be built entirely around the figures.

For trademarks the PP should have been aware that dilution isn&#039;t necessarily just about a competing product using someone elses trademark.
In this case imo it becomes stronger through Lego&#039;s stated anti-piracy position.

Anyway, as I said I&#039;m just speculating. Lego thinks they have a case, but I&#039;m fine with letting the czech court decide.]]></description>
		<content:encoded><![CDATA[<p>@Gene Poole</p>
<p>The arguments for fair use would be stronger if the clip wouldn&#8217;t be built entirely around the figures.</p>
<p>For trademarks the PP should have been aware that dilution isn&#8217;t necessarily just about a competing product using someone elses trademark.<br />
In this case imo it becomes stronger through Lego&#8217;s stated anti-piracy position.</p>
<p>Anyway, as I said I&#8217;m just speculating. Lego thinks they have a case, but I&#8217;m fine with letting the czech court decide.</p>
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		<title>By: Ironic</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026359</link>
		<dc:creator><![CDATA[Ironic]]></dc:creator>
		<pubDate>Fri, 25 Jan 2013 01:00:00 +0000</pubDate>
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		<description><![CDATA[@Stranger, Lego was started in 1949 but they were building other toys before they ripped off Kiddicraft.]]></description>
		<content:encoded><![CDATA[<p>@Stranger, Lego was started in 1949 but they were building other toys before they ripped off Kiddicraft.</p>
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		<title>By: Gene Poole</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026345</link>
		<dc:creator><![CDATA[Gene Poole]]></dc:creator>
		<pubDate>Fri, 25 Jan 2013 00:29:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026345</guid>
		<description><![CDATA[I think you&#039;re (possibly deliberately) obfuscating the definition of &quot;commercial&quot;

http://en.wiktionary.org/wiki/commercial

&lt;i&gt; Noun

commercial (plural commercials)

    An advertisement in a common media format, usually radio or television. &lt;/i&gt;
 
 - This is pertaining to the Pirate Party&#039;s advertisement utilizing lego figures. While it is a &quot;commercial&quot; (advertisement), it is not &quot;commercial in nature:

&lt;i&gt; Adjective

commercial (comparative more commercial, superlative most commercial)

    Of or pertaining to commerce.  [quotations ▼] &lt;/i&gt;

The Pirate Party commercial you are referring to is not presented as &quot;for profit&quot;, in that they are not trying to sell you anything. It is a non-commercial commercial. This is one of the prongs of the four-pronged fair use doctrine, and I think you would find that this advertisement would fall very easily within the other 3 prongs as well.

As far as trademarks go, the PP indeed support trademarks, because their use is specifically to protect a consumer from fraud, from buying a product with the same name that isn&#039;t the same product. To use SDM&#039;s analogy, a consumer buying &quot;evian&quot; bottled water expects to be drinking &quot;mineral water coming from several sources near Évian-les-Bains, on the south shore of Lake Geneva.&quot; 

What the consumer does not expect is to be drinking tapwater that has been bottled by Bob Evian, who is piggybacking off the name to sell his product. This is the purpose of trademarks.

However, as previously illustrated to you, the PP are not infringing a trademark by using Lego&#039;s products. They bought the product and made a video utilizing them. As they are not selling plastic bricks for hobby building, they are not in danger of infringing on Lego&#039;s trademark. No consumer is going to see the product and buy the Pirate Party&#039;s &quot;Lego Pirate Kit&quot;, thinking they were buying official Lego merchandise, because no such product exists.

there is no conflict of interest, whatsoever.]]></description>
		<content:encoded><![CDATA[<p>I think you&#8217;re (possibly deliberately) obfuscating the definition of &#8220;commercial&#8221;</p>
<p><a href="http://en.wiktionary.org/wiki/commercial" rel="nofollow">http://en.wiktionary.org/wiki/commercial</a></p>
<p><i> Noun</p>
<p>commercial (plural commercials)</p>
<p>    An advertisement in a common media format, usually radio or television. </i></p>
<p> &#8211; This is pertaining to the Pirate Party&#8217;s advertisement utilizing lego figures. While it is a &#8220;commercial&#8221; (advertisement), it is not &#8220;commercial in nature:</p>
<p><i> Adjective</p>
<p>commercial (comparative more commercial, superlative most commercial)</p>
<p>    Of or pertaining to commerce.  [quotations ▼] </i></p>
<p>The Pirate Party commercial you are referring to is not presented as &#8220;for profit&#8221;, in that they are not trying to sell you anything. It is a non-commercial commercial. This is one of the prongs of the four-pronged fair use doctrine, and I think you would find that this advertisement would fall very easily within the other 3 prongs as well.</p>
<p>As far as trademarks go, the PP indeed support trademarks, because their use is specifically to protect a consumer from fraud, from buying a product with the same name that isn&#8217;t the same product. To use SDM&#8217;s analogy, a consumer buying &#8220;evian&#8221; bottled water expects to be drinking &#8220;mineral water coming from several sources near Évian-les-Bains, on the south shore of Lake Geneva.&#8221; </p>
<p>What the consumer does not expect is to be drinking tapwater that has been bottled by Bob Evian, who is piggybacking off the name to sell his product. This is the purpose of trademarks.</p>
<p>However, as previously illustrated to you, the PP are not infringing a trademark by using Lego&#8217;s products. They bought the product and made a video utilizing them. As they are not selling plastic bricks for hobby building, they are not in danger of infringing on Lego&#8217;s trademark. No consumer is going to see the product and buy the Pirate Party&#8217;s &#8220;Lego Pirate Kit&#8221;, thinking they were buying official Lego merchandise, because no such product exists.</p>
<p>there is no conflict of interest, whatsoever.</p>
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		<title>By: SoundnuoS</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026228</link>
		<dc:creator><![CDATA[SoundnuoS]]></dc:creator>
		<pubDate>Thu, 24 Jan 2013 20:31:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026228</guid>
		<description><![CDATA[The things I&#039;ve been asking about in my posts. The PP are usually saying that commercial use should be compensated. Imo this is moving very close to copyrighted material being used in a commercial without compensation. That it&#039;s a commercial for a political party isn&#039;t really an excuse.
And since the PP claim to be ok with trademarks, it shouldn&#039;t come as a surprise to them that shapes of goods can be trademarked and  that Lego would defend theirs.]]></description>
		<content:encoded><![CDATA[<p>The things I&#8217;ve been asking about in my posts. The PP are usually saying that commercial use should be compensated. Imo this is moving very close to copyrighted material being used in a commercial without compensation. That it&#8217;s a commercial for a political party isn&#8217;t really an excuse.<br />
And since the PP claim to be ok with trademarks, it shouldn&#8217;t come as a surprise to them that shapes of goods can be trademarked and  that Lego would defend theirs.</p>
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		<title>By: joespivey</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1026105</link>
		<dc:creator><![CDATA[joespivey]]></dc:creator>
		<pubDate>Thu, 24 Jan 2013 14:26:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1026105</guid>
		<description><![CDATA[Are you an idiot? Unless you the brand of the pen is immediately obvious from the colour of the ink (which it won&#039;t be), then there is no analogy. I would imagine that Bic would be pissed off if the Pirate Party made their slogan out of easily identifiable Bic pens.]]></description>
		<content:encoded><![CDATA[<p>Are you an idiot? Unless you the brand of the pen is immediately obvious from the colour of the ink (which it won&#8217;t be), then there is no analogy. I would imagine that Bic would be pissed off if the Pirate Party made their slogan out of easily identifiable Bic pens.</p>
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		<title>By: Gene Poole</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1025939</link>
		<dc:creator><![CDATA[Gene Poole]]></dc:creator>
		<pubDate>Thu, 24 Jan 2013 00:06:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1025939</guid>
		<description><![CDATA[Alright, I&#039;ll bite: what&#039;s the inconsistency?]]></description>
		<content:encoded><![CDATA[<p>Alright, I&#8217;ll bite: what&#8217;s the inconsistency?</p>
]]></content:encoded>
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		<title>By: SoundnuoS</title>
		<link>/pirate-party-battles-lego-over-copyright-and-trademark-injunction-130118/#comment-1025929</link>
		<dc:creator><![CDATA[SoundnuoS]]></dc:creator>
		<pubDate>Wed, 23 Jan 2013 23:31:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=63435#comment-1025929</guid>
		<description><![CDATA[Yepyep, Im really just speculating here. (And pointing out what I feel is some slight inconsistency in the Pirate Party&#039;s position on things)]]></description>
		<content:encoded><![CDATA[<p>Yepyep, Im really just speculating here. (And pointing out what I feel is some slight inconsistency in the Pirate Party&#8217;s position on things)</p>
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