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Copyright governs who has the "right" to produce and distribute "copies" of books/music/movies/creative works. This is where fair use doctrine applies, because most creative works are referential by nature.
Weird Al is allowed to parody everything because he's operating under copyright law, not trademark law.
Trademark governs who can "trade" under what "mark" i.e. the brand identity of a company. Companies don't own their trademarked word forever, but they maintain the exclusive right to sell things under that brand in their specific market sector. Patagonia doesn't own the name of a geographical region, they just own the right to be the only company using that name to sell clothing and outdoor gear.
A drag queen name can be a parody of a clothing and outdoor gear company.
A company's trademarked logo can be used in parody creative works, with more leeway if it's not for commercial purposes. Trademark parody is allowed! Patagonia has been aware of and allowed Pattie Gonia's trademark parody for years.
Trademarks are specific to market sector. Actress Chase Infiniti could start a makeup line named after herself and her trademark would not infringe on the Infiniti car brand because they are different markets and there is no risk of confusion. Pattie Gonia could probably trademark her name to sell frozen veggie burgers and Patagonia would not care.
Drag queen Jan Sport did a collab with JanSport bags. What Jan Sport almost certainly did not do is independently apply to register "Jan Sport" as a trademark in order to sell bags on her own, because that would infringe on JanSport's own trademark in the bag market sector.
What Pattie Gonia is not allowed to do -- the thing that Pattie Gonia actually did do and is being sued for -- is apply to register "Pattie Gonia" as a trademark to sell clothing, because apparently Pattie is in talks with North Face and HydroFlask to sell "Pattie Gonia"-branded gear. These companies probably won't finalize anything unless Pattie shows that she actually owns the trademark. Unfortunately, "Patagonia" is already a registered trademark in the clothing market sector, and these two names are too similar to exist in the same sector (see: "likelihood of confusion" legal standard).
Your drag queen name can parody a clothing company. You can parody the trademarked logo of a clothing company. But you cannot use the same name to then go on to also become a clothing company.
In order to maintain their own trademark, Patagonia must sue for trademark infringement. If they don't sue, and Pattie Gonia gets her own trademark, Pattie could sue Patagonia for infringement on her trademark. You can see why Patagonia won't be dropping this suit no matter how much you harass them.
Yes, Pattie's legal fees to fight this will cost more than the $1 she's being sued for. Pattie could also not fight this, withdraw her trademark application, not spend any money, and carry on being an environmental activist drag queen named Pattie Gonia. She would probably be better off making nice with Patagonia in the hopes of a Jan Sport-esque deal where Pattie designs an exclusive fabric and Patagonia maintains the trademark, but apparently Pattie's legal team has been sassing off to Patagonia in their communications for years, has applied for a trademark they should 100% know they'll never get, and has now decided to play the victim on social media just in time for Pride month, so I don't know how likely that is. I guess we'll see!
This is mostly correct, but Iâd like to offer a small correction. The product deal with Hydroflask and North Face apparently occurred in 2022, and HydroFlask got Patagonia involved to make sure everything was in the clear. It seems like Patagonia was very agreeable about everything at the time, and only asked that Pattie Gonia and her partners avoid using the Patagonia logo and font or similar images, and to avoid putting the words âPattie Goniaâ on any products. This is the email exchange from 2022, from the recent Patagonia trademark complaint, including Pattie Gonia apparently agreeing to the limitations.
The new conflict is from Pattie Gonia using the Patagonia imagery and the Pattie Gonia name on her own merchandise. This is the email Patagonia sent, with the images they feel conflict with the 2022 agreement.
Pattie responded to that by disagreeing that she had broken any agreement, and also obliquely threatening to expose Patagonia for making tactical gear for the US military?
Itâs possible that Patagonia understood the terms from 2022 to be a good-faith ongoing agreement about keeping the brands separate, and Pattie interpreted it as an agreement limited to the now-ended North Face and Hydroflask collaboration. Itâs also possible that Pattie Gonia didnât believe she was actually agreeing to anything at all, since her responses were very neutral, though positive in tone, up until 2025. The email chain does, however, show what I think is a very clear effort on Patagoniaâs part to protect their trademark while also showing support and goodwill towards Pattie in her use of the Pattie Gonia stage persona.
âIf I had time travel Iâd kill Hitlerâ âIf I had time travel Iâd stop my favourite politician getting assassinatedâ youâre all thinking way too small. If I had time travel Iâd stop Neil Armstrong and Buzz Aldrin from dying on the moon due to Soviet sabotage, kicking off the Great Nuclear War and devastating half of the planet.
This is such a classic trainwreck post that has the vibes of a 2014 screenshot posted to Pinterest and then the last addition is just last Tuesday I canât even
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"The Montana court separately declared that transgender people constitute a suspect class under the state's equal protection clause. In legal terms, a suspect class is a group that has historically faced such severe discrimination that any law targeting them must meet the highest level of judicial scrutiny to surviveâthe same standard applied to laws that discriminate on the basis of race. [...] The practical effect is sweeping: any Montana law that singles out transgender people will now face strict scrutiny, meaning the state must prove the law serves a compelling interest and is narrowly tailored to achieve itâa standard that laws almost never survive.
"Because the decision rests entirely on the Montana Constitution, it is insulated from the U.S. Supreme Court. Under the principle of adequate and independent state grounds, the federal Supreme Court cannot review a state court's interpretation of its own constitution, so long as that constitution provides more protection than the federal one. [...] What this means in practice is that Montana's transgender residents now have a constitutional shield completely independent of the Supreme Court of the United Stateâs decisions."
The cops very clearly planted evidence on him because they had to make an arrest because all eyes were on them and whoever actually did the deed was making them look stupid.
Why would the real killer hero have kept the weapon on his person and traveled two states over while carrying it and a manifesto in his bag, conveniently turning the crime into a federal matter? The same guy whose bag they found in a park, filled with monopoly money? Why did the police turn off their bodycams, take Luigi's stuff, drive a block away, turn their bodycams back on, go back into the restaurant, and then arrest him?
From the moment of his arrest, even left-of-center media has been presuming his guilt without examining anything (e.g. calling him "the killer" instead of "alleged" or "accused") and then when I say he didn't do it, the nearest person chimes in with some quip that tells me they think he did do it but should go free anyway. Don't get me wrong, I would have the same attitude if he had done it. But he didn't. It makes me feel like the only sane person in the world, even among my staunchly leftist friends.
Remember that Luigi Mangione has had his civil rights completely trampled on (our legal system is built on innocent until proven guilty) because the NYPD is desperate to look tough on people who kill the rich. Luigi Mangione has not been proven guilty in a court of law. Remember that they tried to charge him with TERRORISM because it meant they could argue for the death penalty. The law enforcement system and the politicians who stand by them want to execute this man, who has not been proven guilty.
The advent of perfectly accurate live-translation tech made most communication with alien races extremely easy. Except for one thing: It has become readily apparent that every species calls their homeworld "earth", and figuring out which earth is meant in any conversation is now the big problem
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The other night husband and I were watching a documentary about the yeti where they were doing DNA analysis of samples of supposed yeti fur, and every one of them came back as bears.
Anyway, the next night we watched a thing about some pig man who is supposed to live in Vermont. People said it had claws and a pig nose but walked upright like a man. Now, I happen to know that sideshows used to shave bears and present them as pig men. So every piece of evidence they gave of this monster sounds to me like a bear with mange.
So now the running joke in our house is that everything is bears. Aliens? Bears. Loch Ness monster? Bear. Every cryptozoological mystery is just a very crafty bear.
Bears. Theyâre everywhere. Be wary. Anyone or anything could be a bear.
As the OP of this post, Iâm going to threaten that if this gets to one million notes by the 10 year anniversary on 1 June 2026, one year from today, I will get a lower back tattoo of the loch ness bear monster.
The amount of disbelief Iâm willing to suspend is directly proportional to how entertaining the show is. If a show is barely able to hold my attention and has betrayed my trust before, fuck you, thatâs not how cutting someoneâs head off works.
If Iâm glued to my seat every week and canât stop watching, then yes, absolutely, the professional athlete in a blond wig is indistinguishable from the 17 year old lead actress.
There's this category of TTRPG where the seemingly only selling point besides maybe artwork is giving players permission to jerk off to their own moral purity as manifest from buying the TTRPG.
Candela Obscura is the strawman put forward in this post, but itâs a game that actually exists:
[This was partially written by @ashweather, another member of the A.N.I.M. team.]
Let me preface this by saying that I donât think that the makers of Candela Obscura are morally evil, or that I think less of your moral worth if youâve played or enjoyed this game. Itâs just that, at best, the game has a really obnoxious and cowardly tone and at worst has a lot of shit in it that looks really bad if you think about it for more than 5 seconds.Â
If you think that tabletop RPGS are art (and we do), then they can be analyzed like art. They can have unfortunate implications or reflect unexamined reactionary politics. This post is going to be taking screenshots from both the quick start guide and the full rulebook to make this point - while the text between the two is broadly similar, the quickstart guide is more overtly finger-wagging and hostile, saying the quiet part out loud.Â
The thing about Candela Obscura is that it takes place in a fantasy 19th-century England/USA, but it really wants to pretend that it doesnât. It wants the aesthetics of this setting and almost every trope that comes baked into it, but also wants to act like itâs above all that. It wants to have its cake and denounce it too. Itâs so pants-shittingly terrified that it or the players might say or do something âproblematicâ that it loops back around to being incredibly offensive.Â
To take just a few examples, the text is absolutely riddled with this kind of sentiment:
(What the fuck do they think an âexplorerâ is? Also, I think I have some bad news about 19th century doctors.)
Okay. Look. A lot of this is gesturing at principles that are unobjectionable or even useful to keep in mind when writing a setting like this. Yes, itâs ideal to have a non-Eurocentric historical understanding of technology and culture. Yes, refugees are human beings with their own valuable skills and perspectives. Yes, if you uncritically write an expy of Victorian England or late 19th-century New England, youâre gonna end up with a bunch of insane stereotypes (especially Orientalist ones) that you probably shouldnât just blithely put to the page without thinking about them. And yes, bigotry is a bad thing, obviously.
The problem is twofold: The first is that Candela Obscura feels the need to take a patronizing tone towards its own readers, as though they were incapable of engaging critically with the setting or subject matter on their own terms. The second is that despite all of this finger-wagging, Candela Obscura absolutely does not present a setting with any critical thinking put into its basic construction. (We checked, by the way. None of what we are about to present is supposed to be in-universe propaganda. If it is intended to be, this is not made clear at all in the text itself.)
The game takes place primarily in the city of Newfaire and its surrounding environs - the Fairelands. The Fairelands are prosperous and idyllic, and all but outright stated to be âthe good guys.â All of the âproblematicâ aspects of the societies the game is emulating are either scrubbed without thinking about the implications of scrubbing them..Â
(Donât worry guys thereâs no colonialism here, this version of fantastical New York was settled on a Terra Nullius where nobody lived, right over the ruins of an ancient society with a mix of Egyptian and Mesoamerican coding who practiced strange and corruptive magicks. Remember, reader, this game wants you to go out of your way to avoid reproducing any harmful stereotypes from the era.)
..or are present without any historical or structural reasons for them to be present:
(Donât worry guys, sex work is lawful, profitable, safe, and socially acceptable! Oh yeah all the sex work happens in shady, spooky-looking crime districts that cops monitor, filled with drug-filled dens of illegal vice, though. By the way, there is no brothel listed in this districtâs points of interests, or any further discussion of what sex work in Newfaire is actually like.)
There are so many examples of this that we could spill a novelâs worth of digital ink talking about it. (We just donât have time to get into, for instance, their adventure inspired by the âradium girlsâ where the primary victim of the dangerous substance in question is a customer who is already dead when the adventure starts and not the workers who make the products.) Honestly though, this paragraph says more than we could in a hundred pages:
Here we find out that we are reading a TTRPG setting that has the same understanding of bigotry as the movie Crash. No institutionalized bigotry, just âbad actors who hold terrible beliefs.â Just bad apples, with no personal history or cultural roots to their ideas, who presumably sprung out of the ground one day declaring themselves Republicans. Not only do these bad actors come from nowhere, they donât go anywhere either. They donât belong to any social movements, they donât get organized, they donât push for regressive political changes, and if they ever do, they certainly never succeed at those goals.Â
You see, despite these bad apples, the soil they grew from is pure. And you know something else about the idyllic, almost utopian Fairelands? Theyâre under assault.
Thatâs right! Hale (which the Fairelands is a part of) is under assault from the dastardly, corruptive forces of⌠uh, âOtherwhere.â (Yeah, do they all have hooked noses and recessed chins too?) Thatâs where all of the dirty foreigners invaders come from, who want to take away the prosperity of the Fairelands!
Oh, or maybe their whole culture were all coerced into doing it by an evil rock or something, which is definitely less xenophobic. But whatever, who cares what the reasons were. The Fairelands are under attack, and as the dominant power in the world, they need to defend themselves. Against the âcolonists.â With nukes chain lightning.
(That last sentence continues on âtens of thousands..â You get the picture.) So, whew, glad thatâs over! Otherwhere is still really dangerous, though. They might even be developing weapons of mass destruction of their own:
You know, if Candela Obscura were a person, I have a feeling I wouldnât want to hear its thoughts on Israel.Â
You might be asking, where do the PCs fit in this? Well. The PCs are members of the in-universe organization Candela Obscura. They are an enormously powerful and widespread secret society of sometimes-cops sometimes-vigilantes who fight against the corruptive forces of magick to keep humanity safe. They keep dark secrets, âperform questionable acts in the name of the common good,â and operate entirely without oversight or responsibilities to anyone other than this organization. We are assured that this organization has the best interests of the regions they operate in and of all humanity in mind.
Itâs actually fine - cool, even! - that PCs are secret police/CIA agents who engage in morally dubious acts for the purported common good. Newfaireâs society being deeply flawed is fine! The Fairelands as a political entity furthering an explicit narrative of being persecuted is fine! The problem is not that any of these elements exist, the problem is that Candela Obscura is utterly allergic to examining them. The text seemingly does not understand the setting it has presented at all.
The game wants to be anti-conservative, but the only kind of story it can produce is one of heroes who are ultimately aligned with the dominant power of the world, preserving the good and righteous status quo by fighting against corruptive, foreign, magical forces. âGay transgender women of all races can be holy knights secret police fighting to protect the good kingdom democracy from the endless hordes of the evil dark race that has threatened its borders for a thousand in recent years!â
On a first read a while back, I said Candela Obscuraâs gameplay mechanics make it sound like a game more meant to create âactual-playâ shows than to be actually played. On examining the text more closely, thatâs more true than I even realized at the time. The reason the game has all these bits about how not to be problematic - all of these instructions for avoiding engaging with the more controversial aspects of the setting - is because itâs not really intended as a game to be played in a private environment. Itâs intended as brand guidelines for putting on an actual play show. If you google Candela Obscura, the IMBD page for the actual play series appears before the store page for the rulebook.
It seems like the game really doesnât want you to play a character outside of your own culture. And sure, as stated earlier, it is a good idea not to have a mysticized idea of other cultures, or represent them in a callous way. For a private game played at home, though, this is not really something you need to dedicate pages accounting for. Nobody outside the table has to hear a poorly-done accent or contend with a less-than-perfectly researched religious portrayal - and if there is a pervasive issue with someone being bigoted or leaning on stereotypes at the table, frankly, that is a problem that is outside the scope of a TTRPG to address.
However, if you are an actor on a show, portraying people from different cultures comes with a whole different set of (much more justified) baggage. Candela Obscuraâs approach to player attitudes on the setting makes so much more sense as brand guidelines than it does as a codification of how to play a game. "Donât have actors appear in insensitive costumes on camera." "Donât have actors say foreign words they donât know how to pronounce on camera." "Remember not to have your white actor do a Romani 'fortune-telling' scene on camera." "Donât show anything that could negatively affect the perception of the brand."
Weâd like to end this by contrasting this attitude with Coyote & Crow, a game made by indigenous Americans, and one that is also actually meant to be played. Coyote & Crow invites all players to (respectfully, in good faith) create characters from indigenous cultures. The creators have challenged those who avoid their game on the basis that âthey donât want to be disrespectful by playing itâ because that would involve portraying a Native character - in the end, who is that helping? That attitude results in potential players who remain just as ignorant of Native American cultures and - more importantly - donât buy or support their game!
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actually caring about the rights and safety of children is so stressful right now because a large amount of the time I'm sitting there internally screaming "THAT'S WORSE. THAT POLICY IS GOING TO ACTIVELY CAUSE HARM TO CHILDREN YOU ARE MAKING IT WORSE." and nobody cares because it's not actually about protecting children but the thing is children actually do need more protection very badly, just not like that. REALLY not like that. and the things that would actually protect children (education, greater personal autonomy, access to knowledge and resources that don't hinge on their parents being willing/able to provide them) would give adults less absolute power over them and that upsets too many people who see children as status symbols and tools and extensions of themselves.