What is IP? Why is it Important?

[some seeing eye]

Here is a humorous blog post http://justburnus.blogspot.com/2015/09/ ... again.html on the great sandwichco scandal of 2015.

Actually the scandal is not funny.

Intellectual Property, IP, is a branch of law. It covers things like trade secrets, patents, copyright and trademark. BMORG created, owns and protects its trade secrets, copyrights and trademarks. Each one has different ways to be protected and a whole series of court cases to cover the special cases.

Trademark has to be continually defended or it is lost. An example is when you ask for a CokeTM is a restaurant and the wait person says "We only have PepsiTM." (Or the reverse) If either trademark owner, CokeTM or PepsiTM were to let it slide, they would lose the power to enforce the trademark in the future making it worthless. Then people could literally sell water as coke. (Not saying there might be advantages to people drinking more water!) This is the main reason the BORG has to go after the issue: if you don't use it and defend it you literally lose it.

An example of trade secrets would be the contract the BORG has with, say, its medical provider. No you don't get to read that contract, nor can you see the details of ticket sales or super detailed expense breakdowns. Contract law also comes into play in the form of the fine print on the back of your ticket which is a contract. All in all, the BORG, because they are smart or were just lucky, have a pretty cool pattern of interlocking IP puzzle pieces. And burners are pretty quick to report companies who mess with the BORG IP, usually the IP team is "we are already on that, thanks."

So if the BORG doesn't respond to the theft of IP by a sandwichco owned by a hedge fund who ran an ad campaign by a Hollywood ad agency, on a GoogleTM (AlphabetTM) platform, YouTubeTM, then any company can do it in the future, and that would be disgusting.

IMO

[VultureChow]

It's a shame really. Were it not for the corporate advertising, it would just be a funny parody video and parody is protected. It's why BoA can't sue Spank of America.

[DrYes]

It's a shame really. Were it not for the corporate advertising, it would just be a funny parody video and parody is protected. It's why BoA can't sue Spank of America.

Or Mattel can't sue Barbie Death Camp.

[some seeing eye]

You could look at the case law, but I would guess that corporations don't sue individual persons for parody infringement because their is no gain. But they could. And they did in this Dancing Baby vs Prince via YouTube http://cdn.ca9.uscourts.gov/datastore/o ... -16106.pdf The 9th Circuit ruled that greater consideration be give to fair use.

And the org is on the sandwichco: http://blog.burningman.com/2015/09/news ... shameless/

I hope the BORG can get the message to ad world creatives that attend the event, not to exploit it for their own careers by using it in ad campaigns.

The corporate persons could sue BM camps, but it would probably create more bad publicity than good.

[Bless]

The sandwich company had to know what it was doing would run afoul of copyright law. I mean, would they go to Disneyland without permission or licensing and shoot a commercial with Mickey Mouse eating a sandwich? I doubt it.

[some seeing eye]

Windowseat, the agency based in LA who is responsible, took a risk. I wonder how many burners are personal friends with them and could splain it?

[VultureChow]

There is a surprising number of burners defending the ad. Even going so far as to explain how it's NOT an ad. I really don't understand people anymore.

[Token]

IP cuz me bladder has limited capacity.

As for the BMORG, fuck em. They opened the kimono with their PR campaigns long ago. If Marian didn't try so hard to market the crap out of their IP, wouldn't be dealing with this right now.

Sue them, don't sue them, makes no difference to anyone who pays for their ticket to get in.

[VultureChow]

You know it does. The only thing keeping us from the Coors Light Burning Man Experience is diligent protection of IP. And we might debate some of the org policies, but that TRULY would be a major defeat for the event.

[AntiM]

You know it does. The only thing keeping us from the Coors Light Burning Man Experience is diligent protection of IP. And we might debate some of the org policies, but that TRULY would be a major defeat for the event.

Ah, the Whatever, USA experience by Bud?

[forty_eight]

The ad is still out there.

Did teh Org have any ground to stand on, after all?

It wasn't shot on the playa (best I could tell). The shape of BRC wasn't exact. The Man did look quite a bit like the Man which is the one place I thought they might get traction.

Can you really not mention Burning Man in a commercial due to it being an infringement on IP?

Overall, I just wonder what the Org can really do.

It sure has made burners appear to be overly serious and lacking senses of humor. Which is irony unto itself, lol!

[forty_eight]

Cuddle Puddles should be renamed Hot Sandwich Parties to re-appropriate these stolen cultural goods.

[theCryptofishist]

Just so you know, you don't own the name of your camp or village. Unless, of course, you've done the bureaucratic nasty, of course.

[Bless]

Any update as to why the sandwich commercial hasn't been taken down yet?

[The Rod]

My guess is that BMORG is not the only corporation with a large budget for litigation purposes...

[some seeing eye]

My uneducated guess is that it will slightly be edited to conform. Personally I think the production company in LA is due for shaming. A slight edit is what happened for the DJ music video which offended in 2014 (and contributed to the new drone policy).

[apprehensive]

BMORG likely have a load of IP lawyers who are also Burners that they can draw upon for little or no cost.

[forty_eight]

Any update as to why the sandwich commercial hasn't been taken down yet?

Maybe it doesn't actually violate any IP?