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Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.
Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Highlights that Chamberlain and other cases are about personal property versus 1201’s use of copyright.
The nonprofit I work with, the Organization for Transformative Works (“OTW”) was established in 2007 to protect and defend fans and fanworks from commercial exploitation and legal challenge. Likewises, as a nonprofit, the Archive of Our Own doesn’t try to make itself sticky for users or advertisers even though it has registered accounts.
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