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The Pirate Bay Is Actually Suing Someone for Trademark Infringement...

Wednesday, February 13, 2013
by  paul

This is a thousand times more ironic than your mustache and Pabst, and both sides are trying to make a point.  The fun started yesterday, when Finnish anti-piracy group CIAPC created a Pirate Bay parody site, which looks like this...        

 

Which is, of course, based on this, with a healthy amount of page code (like CSS) scraped to get the job done.

 

All of which violates the Pirate Bay's strict usage policy related to their logos and images.  Which is why the Pirate Bay is now moving to sue the Finnish group, with a self-aware irony designed to make a point.  "We feel that we must make a statement and therefore we will sue them for copyright infringement," a Pirate Bay spokesperson told Torrentfreak.

 

"If not even IFPI and their friends can respect copyright, perhaps it's time to move on?"

 

Actually, you're probably too young to remember this, but there was a deadly-serious situation just like this back in 2000, involving none other than the original Napster.  The painfully ironic mayhem started when the Offspring lifted the Napster logo for some t-shirts and shwag, which drew the very serious (and not so self-aware) cease-and-desist letter.  The parties ultimately worked it out, before Napster was massively crushed by a slightly larger legal concern.

  

 





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    Comments (48)

    Visitor Wednesday, February 13, 2013

    Visitor Friday, February 15, 2013

    How Pirate Bay makes money from stealing your property:

    http://www.guardian.co.uk/media/2013/feb/05/pirate-sites-advertising-illegal-music-downloads?CMP=twt_gu


    Visitor Friday, February 15, 2013

    Let's burn The Pirate Bay to the ground.


    Visitor Friday, February 15, 2013

    Proxy blocking will suffice, it's starting already...


    Myles na Gopaleen Wednesday, February 13, 2013

    This is truly hilarious

    The irony is nearly complete.

    If CIAPC set it up so that the home page was an enter button that actually is a user link that downloads the allegedly infringing image/data.

    Then Pirate Bay would have to send takedown notices everytime someone else posted a fresh link.


    Visitor Thursday, February 14, 2013

    "Then Pirate Bay would have to send takedown notices everytime someone else posted a fresh link"

    Exactly how would they do that? :)

    The Pirate Bay is a criminal organization, founded by convicted criminals who are forbidden to operate the site.

    Which means they can't send any legitimate takedown notices to anybody.

     

     


    Visitor Thursday, February 14, 2013

    Criminals can own copyrights and trademarks.

    Running a background check is not part of the takedown process, so if you own a copyright you can send a notice


    Visitor Thursday, February 14, 2013

    "Criminals can own copyrights and trademarks."

    Certainly -- and The Pirate Bay are as entitled to protect their Intellectual Property as anybody else.

    Only problem is they can't do it without exposing themselves.

    But by all means, let's hope they'll do it anyway... :)

     


    Erik P Wednesday, February 13, 2013

    Too funny...


    dishes can't eat Wednesday, February 13, 2013

    The irony just OOOZES out of this. don't feel all that nice, now does it PirateGhey?


    Visitor Thursday, February 14, 2013

    ...wait till they find out they've been played...


    Visitor Thursday, February 14, 2013

    The ships look nothing alike. A fail to see that there is an actual case here. But it is entertaining.


    Visitor Thursday, February 14, 2013

    "A fail to see that there is an actual case here."

    No, you can't just take their code. :)

    Sure, the people behind the Pirate Bay are convicted criminals, but they are still as entitled to protect their Intellectual Property as anybody else.

    CIAPC's trap is absolutely hilarious and the pirates fell for it -- big time!


    Trademark v. Copyright Thursday, February 14, 2013

    In the USA the code is protected under copyright, so you can't scrape it and use it without permission.

    Layout of a design is not protected under copyright. So there could be some discussion about separation of copyrightable elements from the non-copyrightable elements.

    The sinking ship image is not an exact duplicate. Not even close, so there is not much of a copyright claim there otherwise Pirate Bay could sue everyone that uses pirate ship images.

    As for trademark, you must ask: Would the average consumer be confused as to the source/owner of the service provided by the Finnish website? Well a consumer at Pirate Bay probably knows what is going on and would not be confused, however an average consumer may be confused and think that the Finnish site is just a subsidiary of Pirate Bay. So this is a judgement call that could be heard in court somewhere, I don't knowwhat court would take the case.


    Visitor Thursday, February 14, 2013

    "The sinking ship image is not an exact duplicate. Not even close, so there is not much of a copyright claim there otherwise Pirate Bay could sue everyone that uses pirate ship images."

    You're absolutely right, though I'm not sure why you're telling me this.

    I explicitly mentioned the code; not the image or the layout...

     


    Trademark v. Copyright Thursday, February 14, 2013

    Sorry I meant to reply to first visitor.

    With so many "Visitors" sometimes a reply is made to the wrong one.

    And the first visitor was explicitly talking about the ship image and you are talking about the code. So why were you talking about code?

    My point was, there is more of a trademark case based on similarity of design than there is a copyright case based on scraping code.  There is not much of a copyright case if the code represents un-copyrightable design elements which appears to be the case here.


    Visitor Saturday, February 16, 2013

    "With so many "Visitors" sometimes a reply is made to the wrong one."

    Sorry, I know it's confusing.

    "So why were you talking about code?

    My point was, there is more of a trademark case based on similarity of design than there is a copyright case based on scraping code.  There is not much of a copyright case if the code represents un-copyrightable design elements which appears to be the case here."

    Code, design, content and fonts are deliberately lifted -- and the drawing is clearly paraphrasing the Pirate Bay logo. All in all, I would say we're looking at a classic infringement case here.

    So if the Pirate Bay don't sue now, they probably won't be able to sue anybody for copyright and/or trademark infringement ever again (it's like muscles; use them or lose them).

    This means that anybody could upload 10,000 pages that look exactly like Pirate Bay proxies next month.

    And that could very well be the purpose of the exercise...

     

     


    Sore Mouth Thursday, February 14, 2013

    There's a typo in the article.

    The Pirate Bay spokesman gave this comment to TorrentFreak, they didn't give it to themselves.


    Visitor Thursday, February 14, 2013

    "The Pirate Bay spokesman gave this comment to TorrentFreak, they didn't give it to themselves."

    You think there's a difference between the two?


    paul Thursday, February 14, 2013

    That typo is copyrighted under international law.  Who can I sue?

    /paul


    David Thursday, February 14, 2013

    Surely a simple case of parody fair usage, in the USA if not Finland.  I'm sure Prof Larry Lessig would agree.  Maybe the CIAPC should ask him to defend them.  Pro bono, of course.


    Visitor Thursday, February 14, 2013

    You actually think we're going to see a complaint, I mean with names on it? :)

     


    Visitor Thursday, February 14, 2013

    There is no such thing as bad publicity, right?


    Visitor Thursday, February 14, 2013

    "There is no such thing as bad publicity, right?"

    Wrong, publicity can be fatal for criminals...

     


    Nice Guy Eddie Thursday, February 14, 2013

    Sometimes. It didn't hurt quite a few American gangsters for years.

    What could be dangerous is showing up in court to argue your case and the police grab you and toss you on the first plane to a country that will put you in a cell for a long time


    Visitor Thursday, February 14, 2013

    "It didn't hurt quite a few American gangsters for years"

    But it destroyed them in the end...

    "What could be dangerous is showing up in court to argue your case and the police grab you and toss you on the first plane to a country that will put you in a cell for a long time"

    That's one of many unpleasant scenarios, yes.


    Visitor Friday, February 15, 2013

    Sounds like some Mafiaa style justice.


    Visitor Friday, February 15, 2013

    "Mafiaa"

    And it's Talk Like a Pirate Day again... :)


    supize Thursday, February 14, 2013

    where are all the comments from the digitards who love to jump on with "music must be free" , "copyright inhibits", "change your business model" talking points, etc etc? 

    *crickets*

     


    Visitor Thursday, February 14, 2013

    They are selling t-shirts


    Visitor Thursday, February 14, 2013

    Music must be free, and you should change your business model.

    Happy?


    steveh Friday, February 15, 2013

    yes! where is casey?? where is jw??


    Visitor Friday, February 15, 2013

    lol


    Visitor Friday, February 15, 2013

    Probably have real jobs and can't sit and debate unemployed musicians all day.


    Visitor Friday, February 15, 2013

    Or perhaps they grew up.


    kneejerk Friday, February 15, 2013

    Or realized that arguing with a troll like you isn't worth the effort


    Visitor Friday, February 15, 2013

    Or they gave up... :)

     


    AnAmusedGeek Thursday, February 14, 2013

    For all the small minds, here's my fretardist quota for the day:

    Change your model, information wants to be a ballet dancer,etc 

     

    Ok that's out of the way.  I find this pretty funny, but PB has sued people before, so it's not really suprising.  I bet they're laughing their butts off over someone giving them the chance to sue over infringement.  *grabs popcorn*


    Visitor Thursday, February 14, 2013

    Obvious fair use, at least in the USA. Parody is one of the strongest protected exceptions to copyright.


    F-lawyer Friday, February 15, 2013

    Not in Finland - Finnish copyright law does not have an exception for parody. It's also deliberate as it was left out while the other exceptions in EU Dopyright Directive were implemented in Finland.


    Visitor Friday, February 15, 2013

    If the Pirate Bay is to be taken seriously, they have sent a lot of complaints and c&d letters by now.

    So how do anti-pirates react to the threats?

    http://piraattilahti.fi/


    Visitor Friday, February 15, 2013

    Here is an interesting angle on the story:

    It's a bit odd though, so first you have to understand that pedophile views and comments are quite common on the piracy blog torrentfreak.com.

    Now, one of the blog readers writes in a comment that the Pirate Bay could do to the Finnish anti-pirates what a Children's Organization did to child porn activist and pirate-hero Matti Nikki:

    Matti Nikki stole the layout from a Save The Children webpage owned by the Children's Organization and changed the title to Save The Pedophiles.

    This initiative was popular among pedophiles and pirates, but the Children's Organization didn't think it was funny.

    So they took Mr. Nikki to court -- and won:

    http://torrentfreak.com/anti-piracy-group-rips-off-pirate-bay-website-faces-lawsuit-130213/#disqus_thread

    (It's one of the last comments in the threads.)

     


    Visitor Saturday, February 16, 2013

    Hm, that's odd -- the anti-piracy site is still up:

    http://piraattilahti.fi/

    Seems the Pirate Bay can't be trusted, huh?

    Must be a huge disappointment for the criminals to see their leaders exposed as a couple of wimps...


    Visitor Saturday, February 16, 2013

    OK, now it's getting funny. :)

    I have to admit that I thought the trap was way too naive at first.

    But now it seems that our pirates may take the bait. Given the fact that the Pirate Bay is a criminal organization however, they can't do so in public.

    So, according to TorrentFreak, they may try to hide behind a group of middle men, most likely a pro-piracy/pedophilia organization.

    http://torrentfreak.com/anti-piracy-group-to-the-pirate-bay-we-want-you-to-sue-us-130216/

    And that could be bloody:

    The front organization will probably be forced by law to reveal the identities of the criminals behind Pirate Bay, and if they refuse to do so they'll be guilty of criminal conspiracy to conceal evidence or to cover-up organized crime.

    So the pirates have painted themselves into a corner:

    Either they expose themselves as harmless wimps and lose a lot of respect in the criminal world -- or they expose their identies at the risk of going back to jail.

    Decisions, decisions...

     

     


    Nice Guy Eddie Saturday, February 16, 2013

    Yes very interesting. 

    And they have to do something. 

    As we speak I am sure there are at least a half dozen organizations out there that are working on their own pirate bay "parody" sites


    Visitor Saturday, February 16, 2013

    "I am sure there are at least a half dozen organizations out there that are working on their own pirate bay "parody" sites"

    :) Some of them may even be indistinguishable from Pirate Bay proxies.

    Imagine that!

    Thousands of Pirate Bay proxies -- linking to iTunes and Amazon!

     


    Visitor Saturday, February 16, 2013

    ...oh, and the 10.000 fake proxies would obviously be listed on even fakier proxy info sites...

     


    got clue Tuesday, February 19, 2013

    ..then I see that FAke sites are solving piratebay problem...

    I see here Pirate Parody made by TPB and finnish TTVK Ry (CIAPC) is swallowing it on whole, xD .

    Here is an interesting angle on the story:

    It's a bit odd though, so first you have to understand that pedophile views and comments are quite common on the piracy blog torrentfreak.com.

    Now, one of the blog readers writes in a comment that the Pirate Bay could do to the Finnish anti-pirates what a Children's Organization did to child porn activist and pirate-hero Matti Nikki:

    Matti Nikki stole the layout from a Save The Children webpage owned by the Children's Organization and changed the title to Save The Pedophiles.

    This initiative was popular among pedophiles and pirates, but the Children's Organization didn't think it was funny.

    So they took Mr. Nikki to court -- and won:

    http://torrentfreak.com/anti-piracy-group-rips-off-pirate-bay-website-faces-lawsuit-130213/#disqus_thread

    (It's one of the last comments in the threads.)

     


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