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September 2020
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Smart Locks Could Make Heartless COVID Evictions More Efficient

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Like most internet of broken things products, we've noted how "smart" door locks often aren't all that smart. More than a few times we've written about smart lock consumers getting locked out of their own homes without much recourse. Other times we've noted how the devices simply aren't particularly secure, with one study finding that 12 of 16 smart locks that they tested could be relatively easily hacked thanks to flimsy security standards, something that's the primary feature of many internet of broken things devices.In addition to being easily compromised, there are additional layers of concerns arising from the use of such locks. Privacy experts, for example, say many smart lock vendors' terms of service are overly broad, allowing the sharing of too much data with valued partners and landlords. And as smart locks become the norm in "smart" cities, there's also growing concern that such technology could make it easier than ever for landlords to evict users without much in the way of transparency or renter rights.While the smart technology in this case is advertised as an increase in efficiency, ethicists studying the rise of "smart" cities worry that the detachment created by the removal of physical interactions will make it easier to distance a landlord from the impact of his decision:

Adam Henschke, an applied ethicist working on areas that cross over between ethics, technology and security at the Australian National University, tells me that one of the concerns that people like himself have with smart cities is exactly this the power that such technologies have over access to basic goods and services. Henschke admits that while it's not uncommon for landlords to have the power to change people's locks as part of normal eviction processes, this technology obviously raises a bunch of other issues."His first concern is that it could be psychologically easier for a landlord, real estate agent or building manager to lock a person out. If this is done in person, then whoever changes the locks likely has to confront the tenant in person, says Henschke. Whereas, as this is being done remotely, it can be psychologically easier to make the decision to lock the tenant out.
That said, the piece includes some quotes by folks who believe existing legal protections will simply extend to protect renters and homeowners under an automated system where eviction becomes less of a physical affair and simply a cold few lines of code. And you'd certainly hope that's the case. But when you look at some of the new companies being created to make evictions a more efficient, gig-economy affair, fused with massive COVID-19 financial headaches, smart locks, and an apathetic/incompetent government, you have to pause and at least think about the potential ramifications of making eviction too automated and efficient:
"Civvl aims to marry the gig economy with the devastation of a pandemic, complete with signature gig startup language like "be your own boss," and "flexible hours," and "looking for self-motivated individuals with positive attitudes:" "FASTEST GROWING MONEY MAKING GIG DUE TO COVID-19," its website says. "Literally thousands of process servers are needed in the coming months due courts being backed up in judgements that needs to be served to defendants."
You'd hope that existing law and oversight steps up to protect the consumer, but as we work to make the eviction process a more automated and gig-worker backed affair (as usual only thinking about any potential problems after the fact if at all), it's kind of hard not to think we're going to find some creative ways to make existing problems worse.

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posted at: 12:00am on 29-Sep-2020
path: /Policy | permalink | edit (requires password)

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BrewDog's 'Elvis Juice' Now An Approved Trademark In The UK, But Not the EU

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You will hopefully recall that a few years back we discussed a trademark dispute between BrewDog, a UK-based brewery, and the Elvis Presley estate. At issue was BrewDog's grapefruit IPA dubbed "Elvis Juice" and the trademark application BrewDog had filed for it. Somehow, on first review, the UK IPO managed to side with the Presley estate, despite the fact that Elvis is a common first name, that the trade dress for the brew had nothing to do with Elvis Presley, and that this was all occurring in a country where Elvis Presley might not even be the most famous singing Elvis on the market. Fortunately, BrewDog appealed and won, so Elvis Juice is a registered trademark in the UK.But not the European Union. Side note: did you guys know that the UK stupidly got out of the EU? Crazy! Anywho, BrewDog also had an application to trademark Elvis Juice in the EU. The Elvis Presley estate also opposed that trademark. And, this time, the Presley estate won.

The craft brewing company, based in Ellon, had won the right to register the brand as a trademark in the UK in 2018. However, they have been denied exclusive rights to the name in Europe – potentially threatening sales on the continent.
Unlike its UK counterpart, the EU bought the Presley estate's line that throughout Europe people buying an IPA called Elvis Juice would somehow think it was associated with a crooner from the American 50s as opposed to, say, Elvis Costello. Or the two Elvises that legally changed their name to Elvis that also own BrewDog. How that makes any sense, or how anyone is making this connection in, for instance, Spain is beyond me.
In the case documents, the EU Intellectual Property Office ruled: “It is clear that the applicant’s submission based on the peaceful coexistence of the marks cannot succeed. No evidence actually demonstrating such peaceful existence on the pertinent market has been shown. In short…there exists a likelihood of confusion… A likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.”
I mean, if this were two years ago, when the UK IPO decision came down, the UK would have been part of that pertinent market. And that should have been all that was needed to side with BrewDog. This, somehow, went the other way.And, as a result, it's an open question as to whether BrewDog will keep its Elvis Juice branding as a whole, given the EU decision. Meanwhile, the EU IPO also ordered the brewery to pay the Presley estate costs.

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posted at: 12:00am on 29-Sep-2020
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