this was meant to be a linguistics blog

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.

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?

Pattie selling shit with her stage name on it Really Obviously isn’t going to have any negative effect on the continued lining of Patagonia CEO pockets, as if that even fucking matters, and no amount of waxing poetic about “well they have to 🥺🥺🥺” is going to make me say anything other than “fucking stupid if true then”.

In terms of whose pockets are being lined:

Rather than selling the company or taking it public, Mr. Chouinard, his wife and two adult children have transferred their ownership of Patagonia, valued at about $3 billion, to a specially designed trust and a nonprofit organization. They were created to preserve the company’s independence and ensure that all of its profits — some $100 million a year — are used to combat climate change and protect undeveloped land around the globe.

The unusual move comes at a moment of growing scrutiny for billionaires and corporations, whose rhetoric about making the world a better place is often overshadowed by their contributions to the very problems they claim to want to solve.

At the same time, Mr. Chouinard’s relinquishment of the family fortune is in keeping with his longstanding disregard for business norms, and his lifelong love for the environment.

(NYT Gift Link)

Since 2022, 100% of Patagonia's profits have gone to climate and environmental causes. They have completely restructured the ownership of the company so that this will continue in perpetuity.

On Monday Nationals MP Alison Penfold introduce this private bill to federal parliament in an attempt to reshape the Sex Discrimination Act to target trans people while claiming not to target trans people

It is worth noting that this bill is being pushed by the National party, one of Australia's main right-wing parties. The party currently in power is the Labour party, our biggest left-wing/centrist party. The party pushing for this bill does not have the votes needed to pass it, and thus either needs to convince centrists to agree with them or are doing this to curry favour for the next election or some other goal.

When it comes to the bill itself, they are defining anything relating to one's sex in terms of the sex binary in a way which excludes intersex people in many ways. They also are changing the definition of sexual attraction, and the main change this makes is an exclusion of non-binary people in attraction. However, it is also worded so a trans woman lesbian is considered straight, and their definition also doesn't properly include asexual people. Those wording issues are already present in the original law, however.

If you don't know who your member is you can use this link to look up both state and federal members, just use your postcode or suburb to check.

Winter in Yellowstone can be harsh at times. The circle of life is cruel but necessary for survival. A bison had a “miscarriage” and dropped her calf in the snow. The opportunistic coyote happened upon the fetus and made a meal of it. While cruel, it is nature and the pure untamed wild.

This is maybe unlucky for the bison mother and lucky for the coyote, but there’s nothing cruel about a sometimes-scavenger cleaning up after a ranging herbivore’s miscarriage. It’s not like the bison mom was planning to drag her miscarriage through the snow, ceremonially wailing, to a common place of burial. Somebody was going to eat that thing, and good for them - food is harder to come by in the winter.

And one cannot start a caption telling me this takes place in Yellowstone - one of the most carefully managed parks in the world - and end the caption telling me this is “the pure untamed wild.” People are so invested in this fantasy of a nature that does not include us, a “wilderness” whose violence is somehow more truthful than our own, or which somehow confers authority on (professes the inescapability of) our own violent impulses. Men in particular seem to love to take photos of larger carnivores and caption them with this kind of sensationalized language. But is it cruel when a chickadee goes through an oak tree hunting every spider it can find? Is a family of chickadees massacring arthropods in a pine forest “the pure and untamed wild?” You’re never going to hear some guy talk about a cute little bird like that, even though chickadees are more active predators than coyotes. Why is there an attraction in labeling canids and other charismatic carnivores with this kind of language, and why do we use totally different language to describe smaller hunters of primarily non-mammalian prey?

i have a file or folder on my pc that i want to share with other people. let's call it gayshit.mp3

unfortunately gayshit.mp3 is 750mb and im not paying for discord nitro so i need another way to send it

i put it into qbittorrent and it makes a torrent file. this is essentially a very small file that points to gayshit.mp3 so other computers can find it. kinda like a treasure map

i send this tiny file to my friend, who loads it into qbittorrent. their computer takes a moment to find mine over the vast expanse of cyberspace and then (as long as my pc is running and the file is still where it should be), it gets copied from my hard drive to theirs

this is the cool part: if somebody else loads that tiny file, they can download it from both of us. if i'm offline but my friend is on, the third person can still get it. this also means that if two people have separate halves of the file, they can download the other half from each other. as long as some combination of people have the pieces between them, they can all have the whole thing.

crucially this does not require a server!!! you can just upload the file to a few people and as long as they keep it, it's still accessible. as long as somebody, somewhere is still connected, it's available forever. the only way it goes away is if everybody disconnects from it.