Dramacow FineBros - Copyrighting React Videos Controversy, the Ongoing Shitstorm, Sadly Increasing Subs

4Macie said:
What I'm getting at is this: I don't think the Fine Bros apology is sincere. I think they knew exactly what they were doing and they explained it to the people exactly how they were going to do it. But with this backlash, they're trying to dig themselves out of the hole, CLAIMING that they just wanted to protect their show and their show's format...
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Of course it isn't sincere. It's like the little kid that get's caught trying to sneak a cookie from the cookie jar. Even though the kid has crumbs all over his face and the jar is busted all over the floor, he'll still say he didn't do it. He was just trying to spread the worldwide phenomenon of cookies to the world by trademarking them in his stomach.
 
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Hahaha!!!.jpg


Now, it is starting to hit them right where it hurts. In the wallet.

DerSandstrom said:
Of course it isn't sincere. It's like the little kid that get's caught trying to sneak a cookie from the cookie jar. Even though the kid has crumbs all over his face and the jar is busted all over the floor, he'll still say he didn't do it. He was just trying to spread the worldwide phenomenon of cookies to the world by trademarking them in his stomach.
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Ah, but first we must all license his IDEA of cookies so we can all -- as a community -- share the cookies.



With him.

Well, actually, he wants you to share your cookies with him; And pay him for the privilege.

(Good god. This is giving me SCO Group flashbacks all over again.)
 
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4Macie said:
What I'm getting at is this: I don't think the Fine Bros apology is sincere. I think they knew exactly what they were doing and they explained it to the people exactly how they were going to do it. But with this backlash, they're trying to dig themselves out of the hole, CLAIMING that they just wanted to protect their show and their show's format...but I still don't think Trademark is the way to do that particular thing... So essentially, they were trying to Trademark "REACT" and then fuck over the "competition".
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It's pretty common for IP owners to try to somehow hybridize copyright, trademark, and whatever else they can think of into some kind of super-right that really doesn't exist. It's just usually not done in this buffoonishly clumsy a way.
 
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I think we should take a step back and take a look at the people they are hiring to help them file these patents.
https://trademarks.justia.com/866/89/react-86689364.html

The attorney they hired for this is this guy, Edwin Komen
https://lawyers.justia.com/lawyer/edwin-komen-639230
https://www.linkedin.com/in/edkomen
Mr. Komen maintains a full spectrum worldwide copyright and trademark practice with extensive background knowledge of the rules and regulations governing practice and procedure before the United States Copyright Office and United States Patent and Trademark Office including the Trademark Trial and Appeal Board.
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Source: http://www.sheppardmullin.com/ekomen

http://www.sheppardmullin.com/
https://twitter.com/sheppardmullin

This is a guy working for a multinational law firm, a law firm that has Bank of America listed as one of their clients. These are not people that a mom and pop shop would be able to afford. I find a very hard to believe that their very expensive lawyer with supposedly 39 years of experience the field would not comprehend the broadness of the patent that they were trying to file. While I would love to give The Fine Brothers a benefit of a doubt, but from everything I am hearing and considering who they have as a lawyer I'm in the "They are greedy fucks" category.
 
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Red_Rager said:
This is a guy working for a multinational law firm, a law firm that has Bank of America listed as one of their clients. These are not people that a mom and pop shop would be able to afford. I find a very hard to believe that their very expensive lawyer with supposedly 39 years of experience the field would not comprehend the broadness of the patent that they were trying to file. While I would love to give The Fine Brothers a benefit of a doubt, but from everything I am hearing and considering who they have as a lawyer I'm in the "They are greedy fucks" category.
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The applications themselves are the kind of overly broad shit that often gets filed and often gets approved and is only questioned when litigation arises out of it. I have no doubt a professional did them, and just looking at them on their face, it's not at all out of the norm for claims to be overly broad on their face to the extent that they could reasonably be challenged, and yet nobody actually does challenge them.

What I seriously doubt legal counsel had anything to do with was advising these two dolts to make that shakedown video. That's really what caused their problems.
 
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AnOminous said:
The applications themselves are the kind of overly broad shit that often gets filed and often gets approved and is only questioned when litigation arises out of it. I have no doubt a professional did them, and just looking at them on their face, it's not at all out of the norm for claims to be overly broad on their face to the extent that they could reasonably be challenged, and yet nobody actually does challenge them.

What I seriously doubt legal counsel had anything to do with was advising these two dolts to make that shakedown video. That's really what caused their problems.
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Well, I'd say its about time for all IP Law....ALL OF IT....to be seriously, completely rethought.
It became obvious that shit was getting out of control back when folks in the 80s and 90s filed "joke" patents....and saw their joke patents taken completely seriously by the Patent Board.

Somebody patented the wheel as a joke, and the Patent system didn't care.
Somebody else patented fire as a joke, and the Patent system didn't care.
Whatever you do, don't mow your lawn, because some smartass "owns" the smell of fresh cut grass, and "producing that specific fragrance as a byproduct of lawn maintenance leaves the lawn cutter in violation of the patent."
Same goes for making a snowman without permission: http://loweringthebar.net/2011/09/t...es-patent-for-method-of-making-a-snowman.html
 
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AnOminous said:
Xerox means only one specific corporation (although of course now people "xerox" things meaning a photocopy but you still couldn't come out with a competing line of photocopiers called Xerox).
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They are (or were) actually worried that they are going to loose their trademark to genaracism, I've seen magazine adds that were just "it's a photo copy, not a Xerox. It's only a Xerox if it's made on a true and honest Xerox copier. Don't genaracise our trademark."
 
waffle said:
They are (or were) actually worried that they are going to loose their trademark to genaracism, I've seen magazine adds that were just "it's a photo copy, not a Xerox. It's only a Xerox if it's made on a true and honest Xerox copier. Don't genaracise our trademark."
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Google does exactly the same thing, and people still talk about "googling" something all the time. They're prudent to do that, because other trademarks have suffered that genericized fate. You can now wash down a couple aspirins with a thermos full of water. Xerox still retains its status as a trademark, at least in the U.S. and much of the world.

Those are trademarks that started distinctive, though.

This isn't even really a trademark but a claim of a trademark. Trademark registrations don't necessarily mean one has a valid trademark under law. They just establish notice, i.e. that anyone else using that trademark is presumed to be aware of registered trademarks before using them in commerce.

Why they really screwed up by going apeshit during the waiting period is that there's a lower threshold to challenge a trademark during the challenge period, whereas if you get sued over a registered trademark, you actually have to litigate the issue in a court. This might result in the trademark being invalidated or at least narrowed, but you're still out a ton of money.

What they've done by massively overreaching and then advertising their massive overreach preemptively is run the risk of not only losing their overly broad claims, but losing even the trademarks that might have ultimately ripened into "acquired distinctiveness" and become legitimate.

tl;dr they overreached and are going to lose not only their broad claims but possibly any chance of legit rights they might have eventually had.

Needless to say, that's dumb.
 
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Soon they'll fall through the 13.7M mark, as they're losing about 1.5k subscribers per hour currently.

It looks like there isn't all that much sentient subscribers left. It's like they never really reached one million in real subscribers, and most of the active ones mostly left.

I'd go as far as to say the current influx of subs weighting against the haemorrhage is mostly trolls and those, who want to downvote every single one of their new videos that they may put out.

Either way, it doesn't seem like the drama will be over as soon as their subscriber count flat-lines, before it starts to go up again. They have a ton of angry people on their backs and even those who try to reason on their favour see what FinedBros could become.

I'd say something about rape, murder and prison, but that joke has been beaten to death. They should just close their channel. It would be a perfect end of the whole shitstorm.
 
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Purple Man said:
Soon they'll fall through the 13.7M mark, as they're losing about 1.5k subscribers per hour currently.

It looks like there isn't all that much sentient subscribers left. It's like they never really reached one million in real subscribers, and most of the active ones mostly left.

I'd go as far as to say the current influx of subs weighting against the haemorrhage is mostly trolls and those, who want to downvote every single one of their new videos that they may put out.

Either way, it doesn't seem like the drama will be over as soon as their subscriber count flat-lines, before it starts to go up again. They have a ton of angry people on their backs and even those who try to reason on their favour see what FinedBros could become.

I'd say something about rape, murder and prison, but that joke has been beaten to death. They should just close their channel. It would be a perfect end of the whole shitstorm.
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Common sense would have told them to close their channel days ago. It also would have told them that making stupid ideas like this would lead to loads of pissed off people.
 
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