I find it funny that the videos that these guys make are built ENTIRELY on the idea of taking someone else's content and re-purposing it to make money for themselves under the idea of fair use. However, if you get anywhere close to their format of videos, they send a takedown notice.
From what I can gather the Fine Bros are approaching this with the MCN model (despite their verbal dancing to the contrary). They are going to take around 40% of your revenue, they will not allow you to use their branding or logos, and there is no kind of filtering or screening program for the content in the network so what is the gain for joining their network?
And now that they are trying to Trademark their various REACT names, they will certainly push harder on takedowns under the guise of 'protecting our trademark'. They are also very vague about what constitutes the elements of their brand, making it easier for them to cast a wide takedown net.
Watch them carefully try to reframe the issue while not being specific about the reality of what they are really trying to do.
Here is AlexHD's summary of Dan Olsen's video at the top of response (Video is 10 minutes long)
1) The Fine Bros have no case when it comes to trademarking their format "people react to things", it is simply too broad and too shallow, and too close to the concept of "people react to things". You cannot trademark the concept "people react to things", the same way as you cannot trademark the concept of "reality TV singing competition".
2) The only thing unique about their videos is their branding, which they are perfectly okay to trademark and license. "Kids React!" with an exclamation point would be fine, but "Kids React" or "Elders React" are already popular phrases within the platform. Sounds okay so far, right?
3) Here's where it gets scary. React World has no mechanisms in place for quality control. It isn't like their Burger King example where a license owner has a certain expectation of service delivery. They are literally crowdsourcing the making of React videos to everyone.
4) With tens of thousands of React video channels signing up for free, none of them will ever be able to become reasonably profitable for the creator, however ALL of them will be monetised by Fine Bros Entertainment, taking a 30-50% cut of revenue.
5) And here's where it gets even scarier. Fine Bros will be able to leverage their influence to take down channels that are not part of their brand, forcing them to become part of the React brand (and forfeit a cut of their revenue), or being taken down completely. THIS IS RACKETEERING.
No one can defend the Fine Bros after seeing the true nature of their licensing plan. This isn't about enabling YouTubers to make money from the React brand, it's about creating a giant network of people to do the Fine Bros' work for them, and then taking a vast portion of the spoils while leaving creators with pennies.
There are so many small things about what they are doing that are normally looked down upon by Techdirt. I'm surprised they got a pass.
Was it poorly executed by them? Yes. That poor execution pointed a magnifying glass at what they are really doing and that is where their problems really lay. Ironically by releasing that video prior to the comment term on their Trademark application, they probably doomed themselves to not getting the Trademarks.
It's amazing. City Council already wants to use this to "leverage" waze into doing what they want.I truly think that some city council member lives in an area where through traffic has increased.
A Los Angeles city deal with traffic app Waze may be great, but some local communities are being inundated with “cut-through” traffic that must stop, a Los Angeles City Councilman said Tuesday.
Paul Krekorian introduced a motion to help local neighborhoods, saying Waze should send drivers away from residential streets and onto major roadways as part of the company’s data-sharing agreement with the city.
Mayor Eric Garcetti announced last week that the city is sharing road closure data with Waze to improve its service, and in return the city is getting live updates about traffic patterns around the city.
Krekorian introduced a motion saying that the city should “leverage” on this pact by asking Waze to point drivers to major roads, instead of allowing them to take short cuts through residential neighborhoods.
Interestingly enough, it is going to be Wil's measured reaction that is going to benefit him greatly from this incident.
I have kept up with Wil's blogs on and off for a few years and agree that he is one of the ones that gets it. His blog about someone posting his content for free was well done. He (for the most part) does not rail against his fans who would like the free material. He is very careful NOT to call out the other site and drive traffic there and he reminds everyone that he is trying to make a living.
What has happened today? The social media sites have picked up the story and drove a huge amount of traffic to his site. Millions of people are going to find out that Wil has a new audiobook out there (I certainly didn't know) and now reddit and others are starting drives to support Wil by purchasing his audiobook on his site.
So even though I don't think he calculated this approach, he is going to benefit greatly from his blog against the guy posting his book. So I think he still gets it.
Techdirt has not posted any stories submitted by vfxguy.
on a side note...
Here's a good video summing up the nuances of this issue.
Thanks to Dan Olson for the video explanation.
From what I can gather the Fine Bros are approaching this with the MCN model (despite their verbal dancing to the contrary). They are going to take around 40% of your revenue, they will not allow you to use their branding or logos, and there is no kind of filtering or screening program for the content in the network so what is the gain for joining their network?
And now that they are trying to Trademark their various REACT names, they will certainly push harder on takedowns under the guise of 'protecting our trademark'. They are also very vague about what constitutes the elements of their brand, making it easier for them to cast a wide takedown net.
Watch them carefully try to reframe the issue while not being specific about the reality of what they are really trying to do.
Fine Bros update video video released Sunday night
https://www.youtube.com/watch?v=0t-vuI9vKfg
Here is AlexHD's summary of Dan Olsen's video at the top of response (Video is 10 minutes long)
1) The Fine Bros have no case when it comes to trademarking their format "people react to things", it is simply too broad and too shallow, and too close to the concept of "people react to things". You cannot trademark the concept "people react to things", the same way as you cannot trademark the concept of "reality TV singing competition".
2) The only thing unique about their videos is their branding, which they are perfectly okay to trademark and license. "Kids React!" with an exclamation point would be fine, but "Kids React" or "Elders React" are already popular phrases within the platform. Sounds okay so far, right?
3) Here's where it gets scary. React World has no mechanisms in place for quality control. It isn't like their Burger King example where a license owner has a certain expectation of service delivery. They are literally crowdsourcing the making of React videos to everyone.
4) With tens of thousands of React video channels signing up for free, none of them will ever be able to become reasonably profitable for the creator, however ALL of them will be monetised by Fine Bros Entertainment, taking a 30-50% cut of revenue.
5) And here's where it gets even scarier. Fine Bros will be able to leverage their influence to take down channels that are not part of their brand, forcing them to become part of the React brand (and forfeit a cut of their revenue), or being taken down completely. THIS IS RACKETEERING.
No one can defend the Fine Bros after seeing the true nature of their licensing plan. This isn't about enabling YouTubers to make money from the React brand, it's about creating a giant network of people to do the Fine Bros' work for them, and then taking a vast portion of the spoils while leaving creators with pennies.
There are so many small things about what they are doing that are normally looked down upon by Techdirt. I'm surprised they got a pass.
Was it poorly executed by them? Yes. That poor execution pointed a magnifying glass at what they are really doing and that is where their problems really lay. Ironically by releasing that video prior to the comment term on their Trademark application, they probably doomed themselves to not getting the Trademarks.
While Waze may have made nice with the LA Cops, City Council has issues
http://mynewsla.com/government/2015/04/28/cut-through-traffic-caused-by-waze-app-must-stop -l-a-councilman-says/
From the article:
A Los Angeles city deal with traffic app Waze may be great, but some local communities are being inundated with “cut-through” traffic that must stop, a Los Angeles City Councilman said Tuesday.
Paul Krekorian introduced a motion to help local neighborhoods, saying Waze should send drivers away from residential streets and onto major roadways as part of the company’s data-sharing agreement with the city.
Mayor Eric Garcetti announced last week that the city is sharing road closure data with Waze to improve its service, and in return the city is getting live updates about traffic patterns around the city.
Krekorian introduced a motion saying that the city should “leverage” on this pact by asking Waze to point drivers to major roads, instead of allowing them to take short cuts through residential neighborhoods.
(untitled comment)
I have kept up with Wil's blogs on and off for a few years and agree that he is one of the ones that gets it. His blog about someone posting his content for free was well done. He (for the most part) does not rail against his fans who would like the free material. He is very careful NOT to call out the other site and drive traffic there and he reminds everyone that he is trying to make a living.
What has happened today? The social media sites have picked up the story and drove a huge amount of traffic to his site. Millions of people are going to find out that Wil has a new audiobook out there (I certainly didn't know) and now reddit and others are starting drives to support Wil by purchasing his audiobook on his site.
So even though I don't think he calculated this approach, he is going to benefit greatly from his blog against the guy posting his book. So I think he still gets it.
Techdirt has not posted any stories submitted by vfxguy.
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