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BrickShow Takedown


Phil B

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On 6/24/2018 at 1:17 PM, Ed Mack said:

]My son and I would rather watch people playing video games or shoving fireworks up their butts than videos reviewing LEGO sets. 

Hmmm.... just when I thought I was running out of things to watch on youtube... Btw, why wasn't I informed about this? 

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1 hour ago, Ed Mack said:

Funny thing is that they are so protective of their brand and crack down on people who want to promote their product, yet when it comes to the real thieves of intellectual property, they build factories in China and Mexico.  

Agreed.  Why the hell haven’t they shut down bogus bricks?

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Unfortunately that’s how corporate legal departments work. They're the worst. They have no connection to the company, the product or the fans.  They only care about the fat six figure paycheck.  
Speaking as someone who works in a corporate legal department (albeit not one for a consumer products company), this post is completely uninformed.

There are two things to understand about IP protection that I think are important here: (1) the need to go after infringers, and (2) the level of effort involved in going after infringers.

On the first point, a company with IP rights has to be diligent in going after infringers or risks the possibility of a court finding that its failure to do resulted in a waiver of whatever IP rights it may have once had. This is why companies will draw hard lines against people like Brickshow who are infringing their rights for purpose of promoting their products. There are likely other concerns at play as well, but this is often a major driver in situations like this.

On the second point, it is important to realize that it is much much easier to address infringement on a platform like Youtube than it is to go after an individual website or rogue manufacturer. Youtube had an entire compliance infrastructure built to respond to claims of infringement by rights holders because Google has deep pockets and doesn't want to get sued.

Bottom line in this case is that Brickshow played with fire by posting watermarked pictures and got burned. It sucks for them and everyone who liked watching their videos, but there is no mystery to why it happened.

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50 minutes ago, redcell said:



On the second point, it is important to realize that it is much much easier to address infringement on a platform like Youtube than it is to go after an individual website or rogue manufacturer. Youtube had an entire compliance infrastructure built to respond to claims of infringement by rights holders because Google has deep pockets and doesn't want to get sued.

 

In other words go after the small guys because it’s easier to nail them. Less legal entanglements. You proved my point. It backfires because shows like BS are promoting the brand. Instead of taking them down Lego should be working with them. YouTube will start to pay as they push away from their roots in attempt to be just another paid subscription service. 

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37 minutes ago, Mathew said:

Yes. YouTube gives the lawyers an easy framework to work within. They can be lazy and earn the fat check that way. 

I understand your axe you feel like you need to grind. It has nothing to do with going after "small guys." It's actually quite the opposite. 

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13 minutes ago, Pebble&Park said:

I understand your axe you feel like you need to grind. It has nothing to do with going after "small guys." It's actually quite the opposite. 

No axe to grind. Brickshow is small potatoes to the damage that’s been done by bogus bricks getting away with stealing from Lego. 

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2 minutes ago, Pebble&Park said:

I understand your axe you feel like you need to grind. It has nothing to do with going after "small guys." It's actually quite the opposite. 

I am not sure why people are having issues with either statement (as both opinions are making valid points).

The target might be the big guys, but it's the small guys that get destroyed (the big guys are fine).

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In other words go after the small guys because it’s easier to nail them. Less legal entanglements. You proved my point. It backfires because shows like BS are promoting the brand. Instead of taking them down Lego should be working with them. YouTube will start to pay as they push away from their roots in attempt to be just another paid subscription service. 
It has nothing to do with the size of the infringer...it has to do with the mechanism to address the enforcement. It's easier to send a takedown notice to Youtube than sue a contract manufacturer in China. That doesn't mean you don't go after the manufacturer, but it's easier, faster and far more visible when you go after the Youtuber

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Yes. YouTube gives the lawyers an easy framework to work within. They can be lazy and earn the fat check that way. 
Ha! If you think corporate lawyers make a fat check for taking down a single youtuber, you're further revealing the depths of your ignorance.

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I am not sure why people are having issues with either statement (as both opinions are making valid points).
The target might be the big guys, but it's the small guys that get destroyed (the big guys are fine).
The big guys are not necessarily fine. The mechanisms used to address the larger scale infringement move more slowly than the Youtube takedown process and the targets may profit from their activities in the meantime giving the appearance that all is well, but when they go down, they go down HARD. Brickshow may have lost their Youtube account, but they didn't have federal marshals raid their house and confiscate their computers and Lego or have an injunction entered preventing them from doing anything with Lego while awaiting a trial that they will lose and in which they will get slapped with a multi-million dollar judgment.

Just because you don't see larger infringers getting their ass handed to them by Lego, doesn't mean that it isn't happening.

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1 hour ago, redcell said:


Ha! If you think corporate lawyers make a fat check for taking down a single youtuber, you're further revealing the depths of your ignorance.

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They probably make more than most Lego set designers.  But the lackeys taking down YouTubers are most likely low level stooges like your self. 

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3 hours ago, redcell said:

It has nothing to do with the size of the infringer...it has to do with the mechanism to address the enforcement. It's easier to send a takedown notice to Youtube than sue a contract manufacturer in China. That doesn't mean you don't go after the manufacturer, but it's easier, faster and far more visible when you go after the Youtuber

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Ha! If you think corporate lawyers make a fat check for taking down a single youtuber, you're further revealing the depths of your ignorance.

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Do the lawyers get paid by the number of heads / infringers they took down ????

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Since it seems like we're all in a pissy mood, my only contribution to this thread is that they only thing that the Brickshow takedown revealed to me was that I really dislike M&RProductions.  I was on the fence before, but his video where he "broke" the news was really childish. 

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They probably make more than most Lego set designers.  But the lackeys taking down YouTubers are most likely low level stooges like your self. 
You're funny. It generally helps to know what you're talking about before you open you're mouth. You tend to look like less of an idiot when you do so.

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You're funny. It generally helps to know what you're talking about before you open you're mouth. You tend to look like less of an idiot when you do so.

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And it helps to pay closer attention when you're writing a post so you don't use you're instead of your


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