We have TV shows (and a Superbowl) to highlight the best TV commercials each year. People will send YouTube links to people for all sorts of stuff. Heck, the "Will It Blend?" campaign became a bona fide internet meme ... and it's entirely a company's advertising. I still send people the Terry Tate: Office Linebacker ads (and I'm not even a fan of US football).
Do advertising right, and people will *want* to see it.
I thought that line was important, but you point out a great reason why it's almost designed to make them fail. Now Netflix won't need to buy as many DVDs/Blu-rays, since the demand will be lessened by the time they're actually allowed to ship.
That makes no sense. That's like saying you bought your Ford in Mexico, so Ford in the US isn't getting paid for it if you bring it here and then sell it. How do you think that Ford in Mexico got the rights to produce the cars?
Similarly, the rights holders in other countries paid for the rights to manufacture the CD's, so the artist has already been paid from the sale in the other country. Why should the artist get to double-dip?
Stuff like that is going to get retailers into trouble pretty quickly, unless they update their listings. That should give some push-back to the movie industry.
I said that in the second comment! Of course, I am not a lawyer.
Carol Shepherd, your post is great. If you come back, I'd really appreciate your opinion on the scenario I brought up where someone made a recording of Buffer in person and released it into the public domain.
You make an excellent point about confusion with Buffer's own "endorsement" of a product, but that wouldn't provide any protection against a DJ using the public domain sample as a hook for a song or live set, would it? A good attorney might try and argue the "brand confusion" angle still, but I don't think anybody really assumes that George W. Bush sung "Sunday Bloody Sunday" because someone chopped up his speeches to make the vocal.
If the radio station pulled a clip from the top of a boxing match or hockey game, it wouldn't be trademark infringement, but rather a copyright violation against the respective sanctioning body/league.
If anyone ever recorded Buffer saying that phrase outside of an official broadcast, couldn't it be released into the public domain and repeated freely forever after?
Even if the original recording was made in violation of something printed on a ticket, it wouldn't legally wrap up the recording itself (as Mike pointed out in the Erin Andrews case). Since trademark doesn't apply to a sound recording (I don't think), Buffer couldn't legally do anything about it, could he?
I could talk about establishing a connection with your customers and all that, or I could ask if you know what a Snuggie is. It isn't a brand name people know, and plenty of others have made imitation products, but they still do plenty of business.
If you can tell me what TV station broadcasts in 1080p, I'll use your numbers. Blu-ray would definitely bump it up a bit, but not much weighed across the national average.
Keep in mind, that number is for an average American, not tech-savvy folks.
I wonder what metrics they used. An hour of HD TV is only a couple gigs. Radio-quality MP3's would be less than a gig for an entire day. Newspaper is on the order of megabytes. The numbers seem strange at first glance.
As Chronno mentioned before, that happens all the time with people taking pictures in public places and putting them on Flickr, or any of thousands of other places on the web.
Is it your claim that parents should have to blur all the faces out at their kids' sports matches, unless they can get release forms from everyone in attendance?
What privacy would be violated? He's on the public street.
Google lowering the resolution of the images because of these concerns has made it far less useful for finding things ... all of which are, by definition, in view of the street.
Your post-MTV attention span length piece, featuring music from The Postal Service (a band that worked remotely via digital recordings), offered up freely worldwide and embedded on your technology-themed blog is so old fashioned!
Looking at the original article, it's a MySpace profile page that was shutdown, not an external website. Therefore, MySpace has every right to take it down, with the possible risk of alienating some users.
"The definition of insanity, the saying goes, is doing the same thing over and over again and expecting different results."
This faux-definition bothers me (especially the frequent attribution to Einstein to make it sound more important). Anyone who has studied modern physics knows there are plenty of things you can do the same way and get different outcomes.
On the post: Bakery Claims Trademark On Smiley Face Cookies; Sues Competing Cookie Firm
On the post: Google Explains Why Ad Blockers Aren't A Problem
We have TV shows (and a Superbowl) to highlight the best TV commercials each year. People will send YouTube links to people for all sorts of stuff. Heck, the "Will It Blend?" campaign became a bona fide internet meme ... and it's entirely a company's advertising. I still send people the Terry Tate: Office Linebacker ads (and I'm not even a fan of US football).
Do advertising right, and people will *want* to see it.
On the post: Warner Bros. Gets Netflix To Delay Movies; You Don't Save Your Business By Pissing Off Your Customers
Re:
On the post: A Case That Has It All: Kim Kardashian, Twitter, Libel, Cookie Diets... And The New FTC Sponsorship Rules
On the post: Canadian Record Labels Get Indie Record Store Owner To Plead Guilty... For Getting Rare CDs
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On the post: Canadian Record Labels Get Indie Record Store Owner To Plead Guilty... For Getting Rare CDs
Re: Re: Re: Re: Re:
Similarly, the rights holders in other countries paid for the rights to manufacture the CD's, so the artist has already been paid from the sale in the other country. Why should the artist get to double-dip?
On the post: Blu-Ray's Managed Copy Appears To Be Another Hollywood Disaster In The Making
Re: Re:
On the post: Average American Consumes 34 Gigs Of Data Per Day; Good Thing ISPs Want To Limit You To 5 Gigs/Month
Re: Re: Re: Video use...
On the post: Let's Get Ready To Ruuuuuuuuumble... About The Difference Between A Copyright And A Trademark
Re: Re: Both copyright and trademark could apply
Carol Shepherd, your post is great. If you come back, I'd really appreciate your opinion on the scenario I brought up where someone made a recording of Buffer in person and released it into the public domain.
You make an excellent point about confusion with Buffer's own "endorsement" of a product, but that wouldn't provide any protection against a DJ using the public domain sample as a hook for a song or live set, would it? A good attorney might try and argue the "brand confusion" angle still, but I don't think anybody really assumes that George W. Bush sung "Sunday Bloody Sunday" because someone chopped up his speeches to make the vocal.
On the post: Let's Get Ready To Ruuuuuuuuumble... About The Difference Between A Copyright And A Trademark
Thoughts and Questions
If anyone ever recorded Buffer saying that phrase outside of an official broadcast, couldn't it be released into the public domain and repeated freely forever after?
Even if the original recording was made in violation of something printed on a ticket, it wouldn't legally wrap up the recording itself (as Mike pointed out in the Erin Andrews case). Since trademark doesn't apply to a sound recording (I don't think), Buffer couldn't legally do anything about it, could he?
On the post: Dilbert Explains Why Just Copying Others Is A Dumb Business Model
Re: Re: Re: strawman
On the post: Average American Consumes 34 Gigs Of Data Per Day; Good Thing ISPs Want To Limit You To 5 Gigs/Month
Re: Video use...
On the post: Average American Consumes 34 Gigs Of Data Per Day; Good Thing ISPs Want To Limit You To 5 Gigs/Month
I wonder what metrics they used. An hour of HD TV is only a couple gigs. Radio-quality MP3's would be less than a gig for an entire day. Newspaper is on the order of megabytes. The numbers seem strange at first glance.
On the post: Dilbert Explains Why Just Copying Others Is A Dumb Business Model
Re: strawman
On the post: Musician Chases Down Google Street View Car To Promote His Music
Re: Re: Re: Re: Re:
Is it your claim that parents should have to blur all the faces out at their kids' sports matches, unless they can get release forms from everyone in attendance?
On the post: Musician Chases Down Google Street View Car To Promote His Music
Re:
On the post: The Difference Between Innovation And Invention... In Two Minutes With A Whiteboard
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On the post: Yes, MySpace Is Allowed To Delete MySpace Page That Tries To Show Fake And Real MySpace Celebs
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On the post: Mandelson Wants Gov't To Have Sweeping Powers To Protect Copyright Holders
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(Just playing along....)
On the post: Entertainment Industry Wants More People To Know About OpenBitTorrent Tracker
"Insanity"
This faux-definition bothers me (especially the frequent attribution to Einstein to make it sound more important). Anyone who has studied modern physics knows there are plenty of things you can do the same way and get different outcomes.
/nerding
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