October 2024 - cypherpunks - lists.cpunks.org

Pro Golfer Looks To 2nd Circ. For Second Swing At NYC
by Gunnar Larson 09 Oct '24

09 Oct '24

Pro Golfer Looks To 2nd Circ. For Second Swing At NYC <https://www.law360.com/newyork/articles/1888060?nl_pk=ac5a3855-e47c-4403-be…> By Jonathan Capriel A PGA Tour golfer who suffered "severe and permanent injuries" is taking his trip-and-fall lawsuit against the city of New York back to the Second Circuit, looking to bypass the finding of a federal judge in Manhattan who found that the city was never put on notice about the dangers of the crosswalk that allegedly caused his fall. 2 documents attached | Read full article » <https://www.law360.com/newyork/articles/1888060?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1888060?nl_pk=ac5a3855-e47c-4403-be…>

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Judge Clarifies Licensing Curbs On Paul Newman Foundation
by Gunnar Larson 09 Oct '24

09 Oct '24

Judge Clarifies Licensing Curbs On Paul Newman Foundation <https://www.law360.com/newyork/articles/1887966?nl_pk=ac5a3855-e47c-4403-be…> By Ivan Moreno The foundation established by the actor Paul Newman cannot license his publicity and intellectual property rights to any university or other nonprofit, studio or publisher or any luxury brand for advertising, a Connecticut state court judge has said, responding to a request to clarify a preliminary injunction she issued. 4 documents attached | Read full article » <https://www.law360.com/newyork/articles/1887966?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1887966?nl_pk=ac5a3855-e47c-4403-be…>

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2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row
by Gunnar Larson 09 Oct '24

09 Oct '24

2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row <https://www.law360.com/newyork/articles/1888128?nl_pk=ac5a3855-e47c-4403-be…> By Matthew Perlman A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords. Opinion attached | Read full article » <https://www.law360.com/newyork/articles/1888128?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1888128?nl_pk=ac5a3855-e47c-4403-be…>

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FTX's Ellison To Give Up 'Substantially All Of Her Assets'
by Gunnar Larson 09 Oct '24

09 Oct '24

FTX's Ellison To Give Up 'Substantially All Of Her Assets' <https://www.law360.com/newyork/articles/1888126?nl_pk=ac5a3855-e47c-4403-be…> By Aislinn Keely Former FTX insider Caroline Ellison agreed to give up "substantially all of her assets" and cooperate with the FTX bankruptcy estate in a deal to resolve the claims against her in an adversary proceeding that sought to recover hundreds of millions of dollars from the collapsed crypto exchange's former leadership. Motion attached | Read full article » <https://www.law360.com/newyork/articles/1888126?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1888126?nl_pk=ac5a3855-e47c-4403-be…>

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Ex-FDNY Safety Chief Cops To Taking Bribes For Inspections
by Gunnar Larson 09 Oct '24

09 Oct '24

Ex-FDNY Safety Chief Cops To Taking Bribes For Inspections <https://www.law360.com/newyork/articles/1887992?nl_pk=ac5a3855-e47c-4403-be…> By Pete Brush A Staten Island firefighter who headed the New York City Fire Department's office tasked with fire prevention told a Manhattan federal judge on Tuesday he took thousands of dollars in exchange for speedier safety checks, pleading guilty to bribery conspiracy. 1 document attached | Read full article » <https://www.law360.com/newyork/articles/1887992?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1887992?nl_pk=ac5a3855-e47c-4403-be…>

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Ex-Aide To NYC Mayor Charged With Witness Tampering
by Gunnar Larson 09 Oct '24

09 Oct '24

Ex-Aide To NYC Mayor Charged With Witness Tampering <https://www.law360.com/newyork/articles/1887945?nl_pk=ac5a3855-e47c-4403-be…> By Frank G. Runyeon Manhattan federal prosecutors on Tuesday charged a former aide to New York City Mayor Eric Adams with witness tampering and destroying evidence, alleging he told five witnesses to lie to FBI agents investigating his boss. Complaint attached | Read full article » <https://www.law360.com/newyork/articles/1887945?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1887945?nl_pk=ac5a3855-e47c-4403-be…>

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Wirecard Loses £12M Fraud Claim Against Greybull Capital
by Gunnar Larson 09 Oct '24

09 Oct '24

Wirecard Loses £12M Fraud Claim Against Greybull Capital <https://www.law360.co.uk/financial-services-uk/articles/1887302?nl_pk=a94fc…> By Eddie Beaver Greybull Capital has defeated an £11.8 million ($15.5 million) fraud claim brought by Wirecard's insolvency administrator, which alleges that the private equity company lied about the source of money injected into Monarch Airlines a year before the carrier collapsed. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/1887302?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/1887302?nl_pk=a94fc…>

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SocGen Bids To Force €140M Clifford Chance Case To France
by Gunnar Larson 09 Oct '24

09 Oct '24

SocGen Bids To Force €140M Clifford Chance Case To France <https://www.law360.co.uk/financial-services-uk/articles/1887813?nl_pk=a94fc…> By William Janes Societe Generale SA relaunched its fight on Tuesday to force its €140 million ($154 million) negligence case against Clifford Chance LLP out of England, arguing before the Court of Appeal that it should be heard in France. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/1887813?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/1887813?nl_pk=a94fc…>

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Re: Meta Platforms, Inc. Board of Directors - USPTO, Digital Assets and Moscow Exchange
by Gunnar Larson 09 Oct '24

09 Oct '24

Dear Ms. Chollet: We have the documents you are looking for concerning the Moscow Exchange. xNY.io - Bank.orf would like to orgaize a secure channel to share this information with Meta. How would you like to proceed? Best, Gunnar -- Gunnar Larson xNY.io - Bank.org 917-580-8053 On Thu, Apr 7, 2022, 3:16 PM Chollet, Nicki <NChollet(a)kilpatricktownsend.com> wrote: > Dear Mr. Larson, > > We have reviewed your correspondence and are still unable to determine the > merits of your claim. Before we can properly evaluate or respond to your > claim, you will need to provide additional details regarding the basis for > your claim and documentation of your relationship with Moscow Exchange or > ownership in the Moscow Exchange mark (for example, trademark registration > certificates evidencing your ownership of the alleged marks in question). > > Meta Platforms reserves all rights. > > > Sincerely, > > > > > > > *Nichole Davis Chollet **Kilpatrick Townsend & Stockton LLP* > Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > 30309-4528 > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > > office 404 > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > 815 6010 | cell 404 906 6948 | fax 404 541 3387 > nchollet(a)kilpatricktownsend.com | My Profile > <http://www.kilpatricktownsend.com/en/People/C/CholletNicholeDavis> | > VCard <http://www.kilpatricktownsend.com/vcard/NicholeDavisChollet.vcf> > > *From:* Gunnar Larson <g(a)xny.io> > *Sent:* Thursday, April 7, 2022 2:45 PM > *To:* Chollet, Nicki <NChollet(a)kilpatricktownsend.com>; investor(a)fb.com > *Cc:* Meta_Defensive_Disputes < > Meta_Defensive_Disputes(a)kilpatricktownsend.com>; cypherpunks < > cypherpunks(a)lists.cpunks.org> > *Subject:* Re: Meta Platforms, Inc. Board of Directors - USPTO, Digital > Assets and Moscow Exchange > > > > > > > > Ms. Chollet: > > Should we fly with the Red Cross to Menlo Park? > > Gunnar > > -- > > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > On Wed, Apr 6, 2022 at 4:07 PM Gunnar Larson <g(a)xny.io> wrote: > > Ms. Chollet: > > Unfortunately, you receive this message with Meta's board of directors > under delinquency. > > > > Meanwhile, xNY.io would like to learn Meta's approach to USPTO filing > internationally in Jamaica. > > > > Ms. Chollet, Jamaica makes the story even so much more interesting and > important. > > > > Thank you, > > > > Gunnar > > -- > > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > On Sun, Apr 3, 2022 at 8:33 PM Gunnar Larson <g(a)xny.io> wrote: > > Dear Ms. Chollet: > > > > Thank you again for your reply on Friday specific to Meta's USPTO mark > application definition exactness to Moscow Exchange. Ms. Chollet, for > reasons you may be aware of, xNY.io must kindly implore Meta's board of > directors to recall all eight USPTO applications by 5:00pm Tuesday April 4, > 2022 EST. > > > > Being very clear, to make sure there is no confusion to xNY.io's honest > aim to protect digital asset innovation, Meta must understand that its > USPTO mark filing is defined exactly to the Moscow Exchange mark. Ms. > Chollet, laws in Russia and the United States often describe principles > relating to integrity and ethical conduct. Anyone who is regulated > (anywhere in the world) is subject to fit and proper requirements that can > be interpreted at will. > > - Meta should understand that international peace and security is far > more important than unnecessarily urging Meta's board of directors to do > the right thing. > - Furthermore, xNY.io submits Citigroup's Metaverse and Money > whitepaper on regulation profiling Mr. Zuckerburg's idea that, "There are > different types of integrity questions." With additional comment from > Nadine Dorries, Member of the United Kingdom Parliament and Secretary of > State for Digital, Culture, Media and Sport, who says "... Rebranding does > not work. When harm is caused, we are coming after it." > - xNY.io has collated 33 highlights to Citigroup's Metaverse and Money > whitepaper for Meta's board as general reference > https://drive.google.com/file/d/1REoa87GCmt2uhDp7ZYswbTRw4ygQgjsL/view?usp=… > > xNY.io asks not whether Meta's mark would damage the market for the Moscow > Exchange (by, for example, devaluing it through parody or criticism), but > whether it *usurps* the market by offering a competing substitute, > potentially causing significant damage to digital asset purity and > blockchain software technology innovation. > > > > Sending you the very best regards. > > > > Thank you, > > > > Gunnar Larson > > -- > > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > On Fri, Apr 1, 2022 at 6:18 PM Gunnar Larson <g(a)xny.io> wrote: > > Mr. Chollet: > > > > It would appear today's correspondence confirms that Meta is > seemingly aware of xNY.io's general concern. > > - Meta has no real advantage questioning xNY.io's relationship with > Moscow Exchange. Understand, xNY.io did not file USPTO application(s) > seeking approval for a mark that is defined near exact to that of Moscow > Exchange. > - Furthermore, on March 17, 2022 Sber announced > <https://www.sberbank.com/news-and-media/press-releases/article?newsID=cd44d…> digital > asset issuance. This is one day before Meta's March 18, 2022 USPTO > submission for mark approval relating to digital assets. > - Meta's board of directors may understand xNY.io's general concern of > coordination and/or lack of coordination that could risk global digital > asset marketplace purity. > - xNY.io asks not whether Meta's mark would damage the market for the > Moscow Exchange (by, for example, devaluing it through parody or > criticism), but whether it *usurps* the market by offering a competing > substitute, potentially causing significant damage to digital asset purity > and blockchain software technology innovation. > > Mr. Chollet, the last point is key to resolving any question of xNY.io's > relationship with Moscow Exchange. xNY.io's March 24, 2022 memo to Meta is > clear and honest. We expect that Meta will not aim to muddy the waters on > this important concern forward. > > > > With all due respect, Meta’s board of directors may understand xNY.io > cannot logically accept that the recent USPTO applications are not a > marketplace manipulation exercise at xNY.io’s overall expense. Meta’s board > of directors must ask itself, to the best of its knowledge, information, > and belief, if further inquiry is reasonable under the circumstances? > > > > Respectfully, > > > > Gunnar Larson > > -- > > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > On Fri, Apr 1, 2022 at 4:21 PM Chollet, Nicki < > NChollet(a)kilpatricktownsend.com> wrote: > > Dear Gunnar, > > > > We write to confirm we represent Meta Platforms, Inc. in connection with > this matter. Please direct all further correspondence on this matter to our > attention. > > > > We received your letter dated March 24, 2022 and your follow up from this > morning. We reviewed your correspondence, however, we are unable to > determine the merits of your claim. Specifically, your letter does not > provide any information regarding a specific application or registration > being asserted or any evidence of your relationship with any entity owning > rights in the alleged Moscow Exchange mark. Before we can properly evaluate > or respond to your claim, you will need to provide additional details > regarding the basis for your claim and documentation of your relationship > with Moscow Exchange or ownership in the Moscow Exchange mark. > > > > Meta Platforms reserves all rights. > > > > Sincerely, > > > > > *Nichole Davis Chollet **Kilpatrick Townsend & Stockton LLP* > Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > 30309-4528 > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > > office 404 > <https://www.google.com/maps/search/1100+Peachtree+Street+NE+%7C+Atlanta,+GA…> > 815 6010 | cell 404 906 6948 | fax 404 541 3387 > nchollet(a)kilpatricktownsend.com | My Profile > <http://www.kilpatricktownsend.com/en/People/C/CholletNicholeDavis> | > VCard <http://www.kilpatricktownsend.com/vcard/NicholeDavisChollet.vcf> > > > > *From:* Gunnar Larson <g(a)xny.io> > *Sent:* Friday, April 1, 2022 7:23 AM > *To:* investor(a)fb.com > *Cc:* MetaProsecution <MetaProsecution(a)kilpatricktownsend.com>; > cypherpunks <cypherpunks(a)lists.cpunks.org> > *Subject:* Re: Meta Platforms, Inc. Board of Directors - USPTO, Digital > Assets and Moscow Exchange > > > > > > > > Dear Meta Board of Directors: > > It has been eight days since our original correspondence, seeking clarity > between Meta's logo and the Moscow Exchange logo. > > > > Offering Meta the benefit of the doubt, noting this could simply be some > misunderstanding ... We seek Meta's clarification by 5:00pm today, Friday > April 1, 2022. > > > > Respectfully yours, > > > > Gunnar Larson > > -- > > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > On Thu, Mar 24, 2022 at 5:20 PM Gunnar Larson <g(a)xny.io> wrote: > > Dear Meta Board of Directors: > > > > Please find the attached memo > <https://docs.google.com/document/d/1f_fq1GaKNaAUGEyztdm-oMtIuEW2yXj4C5aoN0G…> addressed > to your attention. > > - Today’s correspondence is to kindly submit xNY.io’s overall concern > of Meta Platforms, Inc. and Moscow Exchange mark similarities, > specifically, both marks seemingly resemble a geometric design consisting > of two loops and/orovals touching or intersecting. > > xNY.io kindly asks Meta’s Board to respond by Friday, March 25, 2022 at > 5:00pm EST. > > > > Respectfully yours, > > > > Gunnar Larson > > -- > > *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* > > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> > - Digital Currency > > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> > - Entrepreneurship and Innovation (ip) > > > > G(a)xNY.io > > +1-646-454-9107 > > New York, New York 10001 > > > > > > > > > > ------------------------------ > > > Confidentiality Notice: > This communication constitutes an electronic communication within the > meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section > 2510, and its disclosure is strictly limited to the recipient intended by > the sender of this message. This transmission, and any attachments, may > contain confidential attorney-client privileged information and attorney > work product. If you are not the intended recipient, any disclosure, > copying, distribution or use of any of the information contained in or > attached to this transmission is STRICTLY PROHIBITED. Please contact us > immediately by return e-mail or at 404 815 6500, and destroy the original > transmission and its attachments without reading or saving in any manner. > ------------------------------ > > > ***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal > tax advice contained in this communication (including any attachments) is > not intended or written to be used, and cannot be used, for the purpose of > (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, > marketing or recommending to another party any transaction or matter > addressed herein. > > > > > > > > > > > > > > > > > > > >

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Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied
by Gunnar Larson 09 Oct '24

09 Oct '24

---------- Forwarded message --------- From: Gunnar Larson <g(a)xny.io> Date: Sun, Jul 14, 2024, 2:11 AM Subject: Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied To: cypherpunks <cypherpunks(a)lists.cpunks.org> *Moscow Stock Exchange* *Logo:* https://tinyurl.com/3v2fd3y2 *Meta's (Facebook) logo,seemingly is a shocker*: https://tinyurl.com/2p8csm8u What is extremely interesting, the copyright case below was filed on March 8, 2021: https://dockets.justia.com/docket/new-york/nysdce/1:2021cv02007/555642 Facebook announced their new Meta brand and logo on October 28, 2021: https://about.fb.com/news/2021/10/founders-letter/ xNY.io debating the Moscow Stock Exchange Logo and the Meta logo, "ask[s] not whether the second work would *damage* the market for the first (by, for example, devaluing it through parody or criticism), but whether it *usurps* the market for the first by offering a competing substitute." On Thu, Mar 24, 2022 at 12:05 PM Gunnar Larson <g(a)xny.io> wrote: > In other news, related to Meta's (FB) logo being very similar to the > Moscow Stock Exchange logo, something similar has been discussed in New > York. I found this quote very interesting: > > - "Lastly, regarding the fourth factor, concerning the effect of the > use on the potential market for or value of the copyrighted work, the Court > noted that this factor "ask[s] not whether the second work would > *damage* the market for the first (by, for example, devaluing it > through parody or criticism), but whether it *usurps* the market for > the first by offering a competing substitute." > > ---------- > > https://www.mondaq.com/unitedstates/copyright/1174834/russian-state-sponsor… > > TV-Novosti, a non-profit operating the Russian state-controlled > RT(formerly Russia Today) television networks and 38 associated RT YouTube > channels, has been sued for copyright infringement by Business Casual, an > American media company that creates documentary content, based on its use > of translated clips of Business Casual's documentaries in its own videos > posted to YouTube. > > Business Casual creates short original historical documentaries which it > posts to its YouTube channel. Its documentaries frequently feature > photographs of historical figures, using a process called "parallax" which > "transforms century-old low-resolution photographs into dramatically > restored high-resolution photographs" and "turn[s] two-dimensional images > into three-dimensional models . . . simulating a depth-of-field. This > optical illusion provides Business Casual's videos with an immersive > three-dimensional look and feel." > > The lawsuit relates to two of Business Casual's documentaries—"How > Rockefeller Built His Trillion Dollar Oil Empire" and "J.P. Morgan > Documentary: How One Man Financed America"—clips of which Business Casual > alleges TV-Novosti incorporated into three separate videos on its > "RT-Arabic" YouTube channel, including portions featuring parallax-enhanced > images, altering the brightness and saturation of the copied content and > replacing Business Casual's watermark with TV-Novosti's own in order to > hide from YouTube's algorithms. > > TV-Novosti moved to dismiss the copyright claims, arguing that it's use of > the clips is protected as fair use. However, after considering each of the > four statutory factors, Judge Koeltl of the Southern District of New York > denied TV-Novosti's motion, holding that while three of the four factors > weighed against finding fair use, "[t]he fourth factor, which the Supreme > Court has described as 'the single most important element of fair use,' > cannot be determined without further factual development." > > Specifically, regarding the first factor, concerning the transformation of > the use, Judge Koeltl found that while TV-Novosti's videos take portions of > the plaintiff's videos, re-arrange them, and add new commentary to them, > TV-Novosti had not made any meaningful changes to the visual clips > themselves, and "[m]erely overlaying new audio does not effect a sufficient > transformation . . . to find fair use as a matter of law." The Court > further noted that TV-Novosti had "not changed the purpose of the > parallax-enhanced images," i.e., to provide visual illustration for the > overlain audio commentary, but had instead "simply lifted the copyrighted > depictions . .. for the purpose of illustrating [TV-Novosti's] own video." > In addition, the Court found that the fact that TV-Novosti could have > sought to pay for the clips, but didn't, and tried to hide its use of the > excerpts from YouTube's algorithms, also weighed against a finding a fair > use under the first factor. > > Regarding the second factor, concerning the nature of the copyrighted > work, the Court initially noted that factual material such as that at > issue, "cuts less closely to the core of copyright." Nevertheless, the > Court held that the fact that source material for Business Casual's videos > was in the public domain weighed against finding fair use, because TV > Novosti could have simply used public domain photos of the historical > figures, rather than the modified clips, to create its videos. > > Regarding the third factor, concerning the amount of use in relation to > the copyrighted work as a whole, the Court noted that while only "small > portions of the entire copyrighted works were used"—excerpts of 7 seconds, > 1 minute and 28 seconds, and 8 minutes and 50 seconds in length—the > portions were "not so trivial as to warrant dismissal under the de minimis > doctrine." > > Lastly, regarding the fourth factor, concerning the effect of the use on > the potential market for or value of the copyrighted work, the Court noted > that this factor "ask[s] not whether the second work would *damage* the > market for the first (by, for example, devaluing it through parody or > criticism), but whether it *usurps* the market for the first by offering > a competing substitute." With this framing, the Court thus found that while > one the one hand, TV-Novosti's "videos are alternative ways of learning > about the lives of J.P. Morgan and John D. Rockefeller," on the other hand, > they "have a broader focus and are in a different language, meaning that > they cater to a different audience." These differences, the Court held, > were significant enough to preclude the Court from "determining the effect > of [TV-Novosti's] videos on the market for [Business Casual's] videos at > this time." > > The Court's recognition of the weight of the fourth factor in determining > fair use means that there may still be hope for TV-Novosti—time (and fact > discovery) will tell. For now, the takeaway may very well be that parties > seeking to raise a fair use defense should take care to emphasize any > characteristics of their use that distinguish not just their work, but its > target audience, including the scope of the work and the language (if any) > which communicates it. > > > -- > *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> > - Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> > - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 > -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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