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Joined 1 year ago
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Cake day: June 11th, 2023

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  • I’m not sure its a sure thing for adobe (the established company) that this newer company is infringing per se. You need to do business with the trademark to ‘use’ the mark - the caption makes it sound like they will change their mark before doing any business? On the other hand, advertising counts as doing business where the mark is associated but that can get a bit tricky…

    If we assume this is not an advertisement, then it’s just like anyone else scribbling down the logo of another company on a sheet of paper and saying I made a thing


  • I absolutely agree with the second half, guided by Ian Kerr’s paper “Death of the AI Author”; quoting from the abstract:

    > Claims of AI authorship depend on a romanticized conception of both authorship and AI, and simply do not make sense in terms of the realities of the world in which the problem exists. Those realities should push us past bare doctrinal or utilitarian considerations about what an author must do. Instead, they demand an ontological consideration of what an author must be.

    I think the part courts will struggle with is if this ‘thing’ is not an author of the works then it can’t infringe either?




















  • I think what you say is fair if not true - one difference (and I’m sure there are more) is these weren’t lands acquired by conquest/military subjugation, but rather by agreement with the landholding populations to live in peace. What actually happened was the indigenous populations were lied to in one way or another such that the European nations never held up their side of the bargains because of ambiguity in the agreements in addition to Europeans plainly lying about what was being agreed to.

    I think this is evident in the ways the Canadian Reconciliation Calls to Action use language such as “call upon the Government of Canada…to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation…[which] would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and reaffirm the nation-to-nation relationship between Aboriginal peoples and the Crown

    Essentially these lands were never legally taken which is why the indigenous groups can/should lay claim to them. That makes this scenario different than a group being displaced by military conquest (which is technically recognized as a legal, albeit cruel, mechanism for displacing people).