Threadless deals with plagiarism

(Updated since original posting; see end of post for details)

Paging boogah!

Interesting situation playing out at ThreadlessI think this may be the first time a stolen design made it through voting and so on, onto cotton, without being spotted. Here’s the design, supposedly by someone called ‘rocketrobyn’:

And here’s the (apparently original) stencil art by miso and ghostpatrol:

BTW, note the perspective being copied from the photo’s odd angle, to the shirt design…

The Threadless design’s submission page has some classic comments:

  • Boney_King_of_Nowhere: Wow. Are you by any chance a fan of Bansky? Because this is almost a rip off. Almost. Awsome though.
  • rocketrobyn (this is my design): Thank you for the positive comments. I really like this shirt too! [...] I’m not sure who Bansky [jm:sic] is, but I’ll check it out!

Heh.

I heard about this via You Thought We Wouldn’t Notice, a street-design plagiarism blog, where ghostpatrol (one of the stencil artists) posted a blog post about the situation. In the comments there, Jake from Threadless pipes up:

jake n on 12 Dec 2006 at 4:30 am

hey, jake here from threadless. i was just made aware of this situation and want to give you all my assurance that we will handle this properly.

the designer will not be paid and the design will either be removed or licensed from the original designer if they are willing.

give us a couple days to sort the details.

Not to appear whingy, 2 hours later “n.” posts:

The original owners are not willing to license this design to Threadless, and want it removed from the site. Neither artist has yet been contacted by Threadless.

Bit of patience there ;)

More links:

It’s an interesting situation, and so far Threadless is handling it very well as far as I can see — the only people who aren’t are some other graf and stencil artists in the reaction threads, vituperating about Threadless not using psychic powers to detect plagiarism:

i tell you, you aren’t printing any of my subs, i know it as they score way too low to get noticed. but on the off chance that someone rips off a design i’ve done, as blatantly as this…i would definitely seek reparations from threadless and the offending subber. do a background check with the subbers available websites etc.

Background checks?! wtf.

Good reaction from miso though:

Once again, we own automatic copyright on these images,…

To clarify — we are not blaming Threadless. They didn’t take the design knowing that it was stolen [if they had done so witch such knowledge, we would be approaching this very differently].

This is the fault of the “designer”, and hopefully this will sort itself out in the next few days. [Who, by the way, has claimed to have done these designs -- "This is a t-shirt I designed for Threadless."]

As yet, either GP nor I have yet been contacted by either the company or “designer” to fix this, but Jake from Threadless has left a very nice comment for us on “You Thought We Wouldn’t Notice”.

The Threadless blog reactions are worth watching if you want to follow the ongoing drama.

Update: reposted to preshrunk. In the comments there, someone notes that it’s not the first Threadless tee to make it to production before plagiarism was spotted — The Killing Tree was first. There are some oblique references to this in this blog post’s comments.

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Maximise value, not protection (fwd)

Here’s an excellent quote from the OpenGeoData weblog, really worth reproducing:

”We think the natural tendency is for producers to worry too much about protecting their intellectual property. The important thing is to maximise the value of your intellectual property, not to protect it for the sake of protection. If you lose a little of your property when you sell it or rent it, that’s just a cost of doing business, along with depreciation, inventory losses, and obsolescence.” — Information Rules, Carl Shapiro and Hal Varian, page 97.

Words to live by!

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Web x, where x != 2.0

Regarding the O’Reilly/CMP “Web 2.0 (SM)” trademark shitstorm, Sean McGrath humourously suggested a workaround — using a different revision number instead of “2.0″, specifically e, 2.71….

However, it’s not quite that simple in many jurisdictions, apparently. It seems that trademark law — in the US, at least — allows trademarks which include a number to also cover uses within roughly plus or minus 10 of that number. In other words, CMP’s application will cover the range from Web -8.0 (SM) (assuming negative numbers are included?) to Web 12.0 (SM).

So much for “Web 3.0″, “Web 2.1″, “Web 2.71…”, and so on. Back to the drawing board, Sean! ;)

(disclaimer: IANAL, of course. Credit to Craig for that tidbit.)

Update: doh, got the value of e wrong…

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Avian Flu, Health vs. IP Protection

Over at O’Reilly Radar, a question came up as to whether Roche’s patent on Tamiflu should be respected if, in the event of a pandemic, people were dying on a large scale due to an inability for Roche to produce Tamiflu in sufficient quantities.

James Love of cptech.org recently pointed out that the WTO made an exception for a situation like this, allowing importation of medicines from foreign countries in violation of local patent licenses in the case of an emergency, in a 30 August 2003 decision:

Your country would benefit from importing generic medicines produced under a compulsory license, in order to build up adequate stockpiles or to obtain needed medicines in the event of a crisis.

However, many developed-world countries have explicitly made a commitment never to use this limited TRIPS waiver, namely the following:

Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom and the US.

Another 10 countries about to join the EU said they would only use the system to import in national emergencies or other circumstances of extreme urgency, and would not import once they had joined the EU: Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic and Slovenia.

So there you have it; the trade representatives for many developed-world countries took some kind of ’strong IP’ high moral stand, and gave up this ability. I’ll bet national health authorities are, right now, wandering government halls around the world, looking for trade representative asses to kick…

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The Adelphi Charter

I’ve just finished Sir John Sulston’s inspiring book about the Human Genome Project, The Common Thread, in which he discusses how he found himself on one front line of the battle between intellectual ‘property’ maximalism attempting to grab ‘property rights’ over the human genome, and the common good, preserving such rights for all humanity and unfettered research. (Thankfully, he — and therefore the latter side — won.)

I’ve been meaning to post a few choice quotes here about it at some stage, but haven’t had the time — I’ve had to just limit myself to correcting the Wikipedia entry for the Human Genome Project instead. ;)

Anyway, Sir John is in the news again, as part of a new international initiative — the Adelphi Charter:

Called the Adelphi charter, it is an attempt to lay out those principles. Central among them are the ideas that policy should be evidence-based and that it should respect the balance between property and the public domain, not eliminate the latter to maximise the former.

Coverage:

Very encouraging to see something taking off at this level. I hope it does well, and I hope Ireland and the EU’s lawmakers take note, since I’ve been hearing a lot of IP maximalist party-line from there recently…

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Counterfeit Cops

IP: A funny IPR-enforcement-related story from New Scientist (sorry, subscriber-only link):

Just before delegates (to the 28 May ‘Global Congress on Combating Counterfeiting’) left Brussels to ponder their future anti-counterfeiting measures, a salutary tale started doing the rounds.

The WCO (World Customs Organization) produces a CD database of the codes needed to identify goods by type so that local customs authorities can collect the appropriate duties. The discs sell for EUR 1000 apiece, but WCO investigators have found that staff at some border posts, which are supposedly the front line in counterfeit detection, are not using the official CDs. Instead - you’ve guessed it - they are buying cut-price pirated copies, complete with crudely photocopied, plainly fake covers and sleeve notes.

Physician, heal thyself!

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