e dot dot dot
a mostly about the Internet blog by

November 2021
Sun Mon Tue Wed Thu Fri Sat
 
       


Rock Band Doomscroll Has Trademark App Opposed By id Software

Furnished content.


id Software is not a complete stranger to silly IP enforcement actions. Between trying to own concepts that are un-ownable and occasionally trying to throw its legal muscle around to bully others into not using common words in their own video game titles, the company has proven that it is perfectly capable of playing the IP bully. But at least in those specific instances, if you squint at them, they kinda sorta seem like industry-related, almost understandable IP disputes.When it comes to how id Software enforces its venerated Doom trademarks, however, that is not the case. The company has a history of opposing and/or sending C&Ds to all kinds of barely related or unrelated commercial entities for trying to register anything that has to do with the word "doom": podcasts, festivals, and entertainment properties. And now, it appears, thrash metal bands too.Dustin Mitchell, like many of us in recent years, came across the term "doomscrolling" and decided that "Doomscroll" would be a cool name for his next metal band. After having the idea, he decided to apply for a trademark on the name for musical acts. And then came the opposition from id Software.

In October, Mitchell was noodling around on his guitar before bed when he decided to check his email one last time. A message from a lawyer appeared in his inbox. “Dear Mr. Mitchell,” it read. “My law firm represents Id Software LLC which owns the video game DOOM and related registered trademarks.” That day, October 13, it continued, was the deadline for Id Software LLC, or anyone else, to oppose his trademark application to register “doomscroll.” The lawyer asked Mitchell to agree to extend the deadline. That way, Mitchell and the Doom developer could find time to reach a resolution before any legal action went down.Mitchell immediately felt funny; even a little sour. He was 10 in 1993, when Doom took the gaming world by storm, empowering edgelord gamers to head-pop demons with a bevy of firearms against the background of fiery hell. He had played Doom and Doom 2 back in the day, both of which he describes as “awesome,” and had listened to the metal-inspired soundtrack for 2020’s Doom Eternal, which he describes as “not bad.” Now Mitchell found himself in an unexpected standoff with its developer. He loved those games as a kid, he says, but “they're trying to take something away from me that is completely unrelated to them.”
Unrelated in every way. No matter what soundtracks id Software has produced for Doom titles, unless it registered its mark for the music space, that's entirely besides the point. And even if it did register its mark for musical acts or productions, that still probably doesn't make this a valid opposition. "Doomscroll" is not in any way a reference to the video game series. Instead, it's become a common slang term for how everyday folk use social media. They're not related. Also, the words are not the same and I'm finding it very hard to believe that the metal-thrashing public would somehow be confused into thinking that id Software is somehow involved.And yet id Software is simply making trouble for a musician because it can.
The company owns several trademarks around the word “doom” and video games; in the last month, the company has also filed oppositions to trademarks for “ODoom” and “Doomlings.” Prior to that, Id Software filed oppositions to entertainment properties the Maryland Doom Fest, Garden of Doom, and Doomsday Happy Hour. JB, the guy behind the Maryland Doom Fest, says he didn’t pursue the trademark after Id’s initial opposition. It would have been too expensive, he guesses. Jeff, who tried to trademark Garden of Doom, his podcast, says he came to an agreement with the lawyers representing Id Software; he says he just can’t make a movie or video game called Garden of Doom.Right now, the fate of Doomscroll is in the hands of Id Software and the Patent Office. The Trademark Trial and Appeal Board is processing the Doom developer's opposition. A hefty trial schedule was sent out mid-October, which stretches deep into 2023. It may not be that Id Software even wants the Doomscroll trademark; it might just not want Mitchell to form a progressive thrash metal band that, maybe, someone will confuse with the storied game series.
Except that's not going to happen. Either Mitchell, who works at Amazon during the day, is going to fight a likely long and arduous process at the TTAB or, more likely, is going to realize that such a fight isn't worth the personal cost it would take. And, therefore, id Software's bullying will work as likely intended, to simply make a smaller entity give up the fight.Which is why, as we so often say, trademark bullying works. Which sucks.

Read more here

posted at: 12:00am on 23-Nov-2021
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



NYPD Continues To Screw Over Its Oversight By Denying Access To Bodycam Footage

Furnished content.


The NYPD's war on its oversight continues. The secretive law enforcement agency has spent years fighting accountability and transparency, making up its own rules and engaging in openly hostile actions against public records requesters, city officials, internal oversight, and the somewhat-independent CCRB (Civilian Complaint Review Board). Journalists say the NYPD is worse than the CIA and FBI when it comes to records requests. The FBI and CIA say it's worse than a rogue state when it comes to respecting rights.The NYPD probably doesn't wonder why it houses bad cops. In fact, it probably doesn't not even consider the worst of its ranks to actually be "bad" cops. Making things worse on the accountability side, the NYPD answers to two very powerful law enforcement unions, which makes it all but impossible for the department to punish bad cops, even if it wanted to. And while it's subject to public oversight via the CCRB, it has the power to override the board's decisions to ensure cops engaged in misconduct aren't punished too harshly for violating rights and destroying the public's trust.The NYPD began wearing body cameras in 2017 as part of comprehensive reforms put in place by consent decrees issued by federal courts presiding over civil rights lawsuits over the NYPD's surveillance of Muslims and its minority-targeting "stop and frisk" program.But body cameras continue to be mostly useful to prosecutors and of negligible value to the general public that was supposed to benefit from this new accountability tool. As ProPublica reports, even the civilian oversight board can't get the NYPD to hand over footage crucial to investigations of misconduct.

In some instances, the NYPD has told CCRB investigators no footage of an incident exists, only for the CCRB to later learn that it does. For example, during one investigation of an incident for which the NYPD said there was no footage, an officer later told investigators that she had her camera on.Other times, the NYPD has acknowledged footage exists but refused to turn it over, citing privacy issues. In one case, an officer slammed a young man into the pavement, sending him to the hospital with a brain bleed. Seven body cameras worn by officers captured parts of the incident. But the NYPD withheld almost all the footage from CCRB investigators, on the grounds that a minor’s face could be seen in some of it.
This stonewalling is detailed in the NYPD Inspector General's latest report [PDF], which finds yet again that the NYPD has zero interest in holding its officers accountable. The NYPD is supposed to be subject to its oversight, but the reality is the oversight is subject to the NYPD.
The agency must rely on NYPD to produce BWC footage that is responsive to a request, making the progress of investigations dependent on NYPD’s capacity and discretion. As mentioned above, and discussed further below, capacity and manpower issues at NYPD have caused extensive delay in the past, and easily could again. But the problems are also substantive. For example, an NYPD searcher may consider certain tags to be not relevant or responsive even if the requesting CCRB investigator would have disagreed. This is problematic since only the investigator has complete knowledge of the investigation, and therefore is best suited to know what may be relevant. In such a case, not only might relevant BWC footage be withheld, but the CCRB investigator would never even know that such footage existed in the first place.
Even when the CCRB obtains footage, it could be redacted into abstraction by NYPD liaisons, who everyone has to assume are acting in good faith, even when it appears apparent they aren't.
When only NYPD has seen the unredacted footage, the redaction analysis, legal or otherwise, is impaired because NYPD has sole discretion regarding handling of the footage, but incomplete information as to the facts of the investigation and its procedural posture. This is especially problematic when the grounds asserted by NYPD for redaction are disputed or otherwise in doubt. Given the information disparities, the requesting investigative agency may find it difficult to effectively challenge the redactions, which can produce inaccurate or unnecessary redactions, cause additional delay, or force the requesting agency to make disclosures that may infringe on the independence or confidentiality of its investigations.
And, instead of things improving as time goes on, the NYPD's cooperation with its oversight appears to be getting worse.
CCRB reported that in the second quarter of 2019, 99 percent of BWC video requests remained open for 20 or more business days, or longer than one month. From the beginning of 2018 through the second Quarter of 2019, the percentage of footage returned redacted grew from six to 63 percent. CCRB also reports that there were occasions in which it was not notified that video had been redacted, nor was it provided an explanation for such redactions.
Since the NYPD retains control of all body worn camera footage, it can claim no relevant footage exists, even when it does. And there's no way for the CCRB to challenge this claim unless it comes up with evidence elsewhere that points to the existence of footage the NYPD claims is nonexistent.
Moreover, current (pre-MOU-implementation) procedures have resulted in a number of “false negative” returns. False negatives are defined as instances in which NYPD reports there is no relevant footage for a particular search, yet CCRB later learns that a pertinent video does exist. CCRB reports learning about false negatives through other police documents, during interviews, or via footage provided to the media, and attributes these false negatives in part to potential incompleteness of NYPD search criteria, incomplete tagging of videos in the system, as well as lack of geotagging of footage. Due to the inability to conduct its own searches, CCRB cannot be certain how many negative search results are accurate.
The solution is -- as the IG suggests -- that CCRB be given direct access to body camera footage. Quite obviously, the NYPD will never agree to this. And, since it runs its footage through Evidence.com -- Axon's proprietary portal -- the NYPD will be able to stonewall future requests by pointing to the fine print in Axon's contract or simply refusing to provide CCRB with access licenses.Unless the city is willing to give the CCRB some teeth, it will continue to be nothing more than the illusion of oversight. The NYPD has to answer to the public, and it has shown it's unwilling to do that on any level. New York legislators need to be willing to stare down the blue-uniformed 800-lb gorilla in its midst. If it can't, the NYPD will continue to be as awful as it has been for decades.

Read more here

posted at: 12:00am on 23-Nov-2021
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



November 2021
Sun Mon Tue Wed Thu Fri Sat
 
       







RSS (site)  RSS (path)

ATOM (site)  ATOM (path)

Categories
 - blog home

 - Announcements  (0)
 - Annoyances  (0)
 - Career_Advice  (0)
 - Domains  (0)
 - Downloads  (3)
 - Ecommerce  (0)
 - Fitness  (0)
 - Home_and_Garden  (0)
     - Cooking  (0)
     - Tools  (0)
 - Humor  (0)
 - Notices  (0)
 - Observations  (1)
 - Oddities  (2)
 - Online_Marketing  (146)
     - Affiliates  (1)
     - Merchants  (1)
 - Policy  (2717)
 - Programming  (0)
     - Browsers  (1)
     - DHTML  (0)
     - Javascript  (5)
     - PHP  (0)
     - PayPal  (1)
     - Perl  (37)
          - blosxom  (0)
     - Unidata_Universe  (22)
 - Random_Advice  (1)
 - Reading  (0)
     - Books  (0)
     - Ebooks  (1)
     - Magazines  (0)
     - Online_Articles  (5)
 - Resume_or_CV  (1)
 - Reviews  (2)
 - Rhode_Island_USA  (0)
     - Providence  (1)
 - Shop  (0)
 - Sports  (0)
     - Football  (0)
          - Cowboys  (0)
          - Patriots  (0)
     - Futbol  (0)
          - The_Rest  (0)
          - USA  (0)
 - Windows  (1)
 - Woodworking  (0)


Archives
 -2021  November  (45)
 -2021  October  (48)
 -2021  September  (46)
 -2021  August  (47)
 -2021  July  (48)
 -2021  June  (47)
 -2021  May  (47)
 -2021  April  (49)
 -2021  March  (48)
 -2021  February  (42)
 -2021  January  (46)
 -2020  December  (47)


My Sites

 - Millennium3Publishing.com

 - SponsorWorks.net

 - ListBug.com

 - TextEx.net

 - FindAdsHere.com

 - VisitLater.com