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Non-Fungible Olive Gardens
- JohnHaugeland 5y agoit says a lot about me that with the waste of electricity, the environmental damage, and the use of someone else's brand, all to do literally nothing, somehow the part i'm angriest about is that it's "olives garden," not "olive gardens"
- black_13 5y ago
- perihelions 5y agoThis is just plainly illegal under trademark law, isn't it?
- tyingq 5y agoSeems like the kind of project that either doesn't care, or welcomes the resulting cease-and-desist letters, DMCA filings, etc. Maybe they could argue fair use through parody, though it may look more like satire to the right person, which has no fair use protection.
- beckman466 5y agofamed Canadian business consultant Nathan Fielder has shown us how we can protect ourselves when critiquing big corporations by using an important tool: parody law. an example: https://www.youtube.com/watch?v=Y4KrdjAPohc https://www.youtube.com/watch?v=Y4KrdjAPohc
- skinnymuch 5y agoI was happy to see someone else bring up Nathan. I didn’t even realize how you described him the first read through. Ah yes the business consultant who got okay grades at an okay Canadian college. Nathan Fielder does indeed have a status as a parody artist of course. A family member is working for his new show. Says it seems way crazier than Nathan For You.
- beckman466 5y ago> A family member is working for his new show. Says it seems way crazier than Nathan For You. exciting! glad he’s working on new stuff!
- mike00632 5y agoWhat is the critique of Olive Garden here?
- beckman466 5y agoi can't tell if you're willfully misinterpreting or not. to answer your question: this whole NFT thing is a scam pushed by the propertied class/corporations.
- mike00632 5y agoThe question was, "What is the critique of Olive Garden here?" What you wrote is not an answer to that question. This question was supposed to make you doubt that a use of Olive Garden's copyright (which requires a critique of Olive Garden to be fair use) might not legally fall under fair use.
- Wowfunhappy 5y agoI wouldn't think so—what are the chances of someone confusing this website with the real Olive Garden? If this website were illegal, what would that mean for NintendoLife.com and 9to5google.com?
- ahnick 5y agoAfter radioshack.com I think the chances went up substantially.
- muzani 5y agoThe laws of the metaverse transcends the laws of the meatverse.
- deleted 5y ago[deleted]
- olliej 5y agoThis isn't any different from the bulk of NFTs that are simply selling other peoples property (or at least urls pointing to said data). This one is just pointing out the absurdity of the entire NFT concept.
- brosirmandude 5y ago"the bulk of NFTs". Are you implying a majority of NFTs do this? If so, I don't think that's correct. At least it very much doesn't jive with my experience or the creators I know. Yes it's definitely happening, and that obviously sucks, but I don't think it's as large scale of an issue as most people seem to think it is.
- hadlock 5y agoBy the time the lawyers draft the cease and desist and the 7 day response period ends, the novelty will be over. Also this might fall under parody law if viewed through the right lens.
- girvo 5y agoDoes parody/fair use apply to trademarks? Genuine question, I don't know myself
- kevin_thibedeau 5y agoThey're parodying NFTs not Olive Garden. Same scenario as Penny Arcade parodying video games with the unrelated Strawberry Shortcake property.
- muzani 5y agoDidn't someone get away with a fake Starbucks because they were parodying parody law not Starbucks?
- skinnymuch 5y ago“ Starbucks did not pursue legal action, although it did note to the press that it was "evaluating" the possibility while reinforcing that the "Starbucks" name is a protected trademark. Upon the episode's broadcast, it was acclaimed by television critics.” The store only lasted a few days. Who knows what would’ve happened otherwise. https://en.m.wikipedia.org/wiki/Dumb_Starbucks https://en.m.wikipedia.org/wiki/Dumb_Starbucks
- notfed 5y agoI imagine Olive Garden similarly wouldn't mind this website, but who knows. Maybe they'll take it down because they take it seriously and want in on the profits?
- quickthrower2 5y agoThey are selling NFTs. They are making money, albeit not a lot, on the back of the goodwill of the Olive Garden brand. I think this is distinct from true parody say paying to watch a comedian who makes a joke about Olive Garden, or a free site that makes a joke about them.
- aaomidi 5y agoParody :)
- chrisseaton 5y agoI don't think you're allowed to claim parody when you're making money from trading off the trademark.
- pessimizer 5y agoYou can sell a parody.
- chrisseaton 5y agoI think you can sell content that includes parody, but a product that is nothing but trading on someone else's business is likely to not stand up.
- aaomidi 5y agoPeople on YouTube do all the time. So do stand up comedians, books, blogs, reviewers, etc. I mean I'm not a lawyer and still enjoy this crap no matter what the legality is. And honestly the "is it legal" fight is for the courtroom, not here.
- Rebelgecko 5y agoWhat're you gonna do, file a lawsuit to hardfork the Blockchain?
- pedalpete 5y agoI would imagine this is a net positive for Olive Garden. I'm craving breadsticks just because I saw this. Sadly, I live in Australia, so no Olive Garden. They may be infringing on the trademark, but if the owner is going to benefit, they won't pursue charges.
- JohnHaugeland 5y agoyep 'course, someone has to figure out who did it, first
- weare138 5y ago>Is this affiliated with Olive Garden? >No. This is just a DMCA takedown notice waiting to happen.
- marcofatica 5y agoThey can take the site down but he NFTs can't be removed at this point
- kjrose 5y agoWeirdly the NFTs being forever is an argument in their favor. As hilarious as this whole charade is.
- acdha 5y agoIf blockchains weren't so inefficient, there'd be an interesting debate about the difference between something being fully removed versus simply being unavailable to many people to comply with legal requirements. Since they're not capable of storing even a modest JPEG, of course, that's moot since the referenced host would be the target of a takedown. If this wasn't a joke, it would make an interesting demonstration of how the value is purely the current social consensus: a receipt is of dubious value in any case but it would be especially unlikely to attract buyers when the target URL has been DMCAed.
- DennisP 5y agoThe JPEGs could go on filesharing networks. The NFT holders have an incentive to reseed them when necessary.
- acdha 5y agoSure, but you have to pay a fairly large fee for every transaction and since it's public the process of sending takedown notices can easily be automated. Are the bragging rights for a receipt really worth playing that game until you run out of money even if you do live in a jurisdiction where you can do that indefinitely without consequence?
- breckenedge 5y agoWhen You’re Here You’re (non)-Fungible. #wyhyf
- la6471 5y agoWTF?
- troymc 5y agoNFT.
- warning26 5y agoI love this because it highlights the absurdity of owning an NFT -- just like with these Olive Gardens, you're simply getting a pointer to another thing that you neither own nor control.
- heyitsguay 5y agoAh but not to worry, give the project enough money and they will definitely, totally give the NFT owners the assets that get purchased!
- mbg721 5y agoSomething had to highlight the absurdity of owning NFTs???
- rsecora 5y agoSelling shovels during a gold rush is the surest way to stay wealthy.
- nonameiguess 5y agoYou probably say that jokingly, but California's first millionaire, and the actual richest man from the real gold rush, Samuel Brannan, never owned a single plot of land with gold in it. He popularized the fact of gold's existence, getting everyone to come, and sold them the shovels and pans, at extremely high markups, due to monopolizing the local retail markets.
- Wiseacre 5y agoHis descendants must be the the creators of kubernetes.
- noduerme 5y agoThis is more like selling shovels during a pandemic.
- s5300 5y agoEvery day we stray further from The Real Taste of Italy^(tm)
- olliej 5y agoThis is wonderful. I love stage 5 in the roadmap, the console TBA note is a perfect addition.
- np_tedious 5y agoAbsolutely. Whole roadmap is hilarious
- TigeriusKirk 5y agoIf nothing else, the nft crowd is more fun than most tech groups.
- hn_throwaway_99 5y agoThe sad thing is I'd be willing to bet these guys make a significant amount of money from folks who bid up these tokens just for the lulz.
- edot 5y agoWell, they sold out over 800 Olive Gardens at $20 each, so that's $16k off of a joke. Good for them.
- yalogin 5y agoHow is Olive Gardens allowing this? They may choose to let it get them some free PR and then shut it down. Also, this doesn't make any sense. The whole thing is completely meaningless.
- tantalor 5y agoExplain "shut it down"?
- yalogin 5y agoSome kind of a legal notice? Its not that hard to imagine the legal options a company will have if someone is using their IP, right?
- pedalpete 5y agoYes, but it's on a distributed blockchain. An immutable record of ownership and held in a wallet protected by a private key. So what does "shut it down" mean in that sense? They can go after the owner of the NFT, and the people who minted the Olive Gardens in the first place, but are they going to take down all the ETH nodes? Perhaps all the NFTs will have to be transferred to the ownership of Olive Garden, but that isn't shutting it down.
- copo233 5y agoI want to ask you a framing question: have I violated anyone's rights if I tell you that I had Cheerios for breakfast this morning?
- exolymph 5y agoThey'll DMCA OpenSea and other popular frontends.
- mrshadowgoose 5y agoIt's hilarious (to some people), and those people paid to take part in that perceived hilarity. And how exactly would Olive Garden shut this down?
- quickthrower2 5y agoThis is a blatant scam. The clue? "NFTs for sale". Not sure how this survived HN submission and made it to the front page. If I set up a page begging for $20 donations for a DB entry in my postgresql DB and submit to HN should it be upvoted? EDIT: It has a link to opensea where you can buy the NFT. So I can pay the website money for nothing in return.
- ubercore 5y agoIt's not a scam, it's a joke.
- quickthrower2 5y agoIt has a link to opensea where you can buy the NFT. So I can pay the website money for nothing in return.
- mikeg8 5y agoNFTs. Look 'em up.
- seattle_spring 5y agoYou just unironically defined NFTs in general.
- quickthrower2 5y agoYes, that was intentional.
- shadowgovt 5y agoYes, and it would be funny if we did. I'm thinking of getting a breadstick.
- notfed 5y ago...and?
- muzani 5y agoI suspect everyone buying this knows it's a joke but are buying it because owning a unique piece of the joke holds some value to them. Eventually this will be a mark in history, like the Million Dollar Homepage.
- tsol 5y agoSo did they really make $16,000? Either way, it's amazing what some people will pay good money for
- bidder33 5y agodoesnt clash of clan s make like $1M a day or something ridiculous? at least people can resell these later on, or code something on top of them.
- alanlammiman 5y agoplease refer to the $100B or so spent on in-app-purchases
- iieme 5y agoThe team made less than $6,000 on primary sale.
- rjbwork 5y agoThis is pretty much one of Matt Levine's takes on all of crypto, and just the rampant financial speculation that has taken place in general since the beginning of 2020 - people bored and stuck at home are willing to throw away money to be part of a funny internet joke.
- seoulmetro 5y agoActually the underlying point is that, if you have ever been poor before, and you're living around lots of people in developed worlds now, you'll come to realise that everyone is so damn wealthy right now. We can shell out $$$ on things that are so materialistic, so consumable, so unnecessary just for our own use. People keep complaining about wealth, and such. But the truth is, average people are the richest they have ever been. And it's so apparent. It could all just be a credit/debt mirage. But the poor choice spending is definitely there.
- Aaronstotle 5y agoThe fact that they were minted for $20, and everything on Opensea right now is minimum $100 highlights the real NFT experience.
- baby 5y agoInteresting thing I've read today: real estate is becoming really expensive because it is slowly becoming more liquid on the liquid scale. Back then, it was hard to buy and sell a house, but as it's becoming easier and easier people treat it more and more like an investment. I think NFTs are trying to do the same for EVERYTHING. But, big but, not everything can be linked "loosely" to a blockchain. There's a lot of people talking about supply chain on the blockchain but so far I'm not seeing any convincing application. On the other hand art is really just about status and signaling, and it makes sense that they would convert more easily into this world.
- taurath 5y ago> art is really just about status and signaling I am convinced that crypto people know literally nothing about the world other than making numbers on a screen go up.
- LordDragonfang 5y agoCharitably, they were probably talking about the high-end art market, where that is definitely the case.
- JaimeThompson 5y agoThere is some evidence that a decent amount of the transactions in the high-end art market are disguised money laundering
- baby 5y agoThere’s a lot of economists and finance people working in the field.
- LordDragonfang 5y ago>I think NFTs are trying to do the same for EVERYTHING. I really fail to see how adding lengthy processing logic to transactions makes anything more liquid.
- mdoms 5y agoIt is very funny to see the number of pro-blockchain anti-regulation types complaining about Trademark violations and DMCA takedown notices here.
- shadowgovt 5y agoI'm torn between laughing at the absurdity and mild annoyance that the one down the street from me was already taken.
- Buttons840 5y agoAnother social experiment I've wanted to try is to start an alternative blockchain and sell popular NFTs on it. Not only are NFTs abundant, but the blockchains they can reside on are abundant. Imagine someone buys the Mona Lisa NFT for millions, and then you go and also buy the Mona Lisa NFT on another blockchain for $3.99. Or better yet, make a blockchain that simply mirrors NFTs sold on OpenSea. Couldn't get what you wanted on OpenSea, come to SecondSea and buy the same NFT on our blockchain.
- batch12 5y agoOr on the same blockchain, you could sell NFTs that represent popular NFTs.
- bradgessler 5y agoSomebody will put a stop that with a non-fungible blockchain.
- iieme 5y agoJust photocopy some rare Pokemon cards, it'll be easier
- k__ 5y agoThis is already happening. There are a bunch of EVM compatible chains, and people already forked many smart contracts over to them.
- aceazzameen 5y agoThis is brilliant! How deep can this rabbit hole go?
- ineedasername 5y agoAll the way down to wonderland and white rabbits and red Queens is my quess. With an NFT of the Chesire Cat's disappearing smile at the bottom.
- iab 5y agoHighSea? BeamSea? BeSeaGe? DejaView? Let's brainstorm here
- tdstein 5y agoI can’t believe how outrageous ETH gas fees are still. Currently $35 to mint a breadstick.
- r0b05 5y agoThis is the real crime.
- x62Bh7948f 5y agoI just made a script to right-click and save all the olive gardens.
- xwdv 5y agoCould people sell their souls as NFT? I’ve always wanted to say I own some souls. In the afterlife, these people would have to follow me when I arrive and be obligated to follow me forever on whatever adventures and activities I conduct there, and of course obey my commands.
- exolymph 5y agoNot on the blockchain, still might tickle your fancy: https://liminalwarmth.com/the-questionable-ethics-of-buying-and-selling-souls/ https://liminalwarmth.com/the-questionable-ethics-of-buying-...
- selimthegrim 5y agoMan, even the one in Kenner (New Orleans) memorably described by a Yelp reviewer as "The 9/11 of Italian food" is sold.
- k__ 5y agoThey have unlimited breadsticks but what does that mean? There has to be some kind of limit!
- rackjack 5y ago"meatspace Olive Gardens"
- dandigangi 5y ago$45 gas fee hahahaha
- thepasswordis 5y agoIf I buy a replica Rolex, which is indistinguishable from a real one, it has less value than a genuine. Why? Some of you are really stretching to find reasons to not understand NFTs and why people like them. Yes you can “right click save as”. I can also buy a replica Rolex, but I would much rather own the real thing. What’s the “real” that I’m buying with a gen Rolex as opposed to a rep?
- Haunted_Cabbage 5y agoI wonder if there's a targeted misinformation campaign.
- pavlov 5y agoYes, the campaign waged by venture capitalists to establish “web3” as a thing.
- mikeg8 5y agoRight click, save as = free. A worthy replica Rolex that feels similar in quality to a real one will still cost hundreds, if not thousands, of dollars. The $20 dollar replicas feel noticeably cheaper and will not provide the same satisfaction. If people feel like they can get more personal enjoyment from spending money on a digital asset that everyone else can enjoy for free, great. That's a signalling game. But I don't think its hard to understand why a lot of people are skeptical on the real utility behind NFTs in regards to art and creative works.
- deleted 5y ago[deleted]
- cdot2 5y agoThe "real" thing that you're buying is the social credit of having been able to afford a "genuine" Rolex. If Rolex sold them for less they would destroy their brand. This is why Apple prices their stuff so high.
- pistachiopro 5y agoI wonder if that's actually true. I mean, is the value of a Rolex retained in a world with true perfect replicas (like we can get with digital goods)? Right now, a good fake Rolex is still hundreds of dollars, and if someone does spot the difference you just look like a poser who's down $500, so why bother. The existence of the fashion cycle feels like an argument against NFTs. Yes, people like to signal with exclusive things, so influencers seek out new, exclusive fashions. Most of the time these styles are fairly easy to copy, though, and so the followers start wearing them and the influencers need to move on to the next thing. Eventually, anyone left wearing the old fashion looks kind of laughable. Yes, the actual NFT token always remains exclusive, but is that really something you can signal with on a human level? Or do too many right clickers eventually cause bored apes to go out of style and become laughable?
- stevespang 5y ago
- davepeck 5y agoLove this and now I want breadsticks. I happened to notice it earlier today on the "watch the NFT matrix" toy I've been working on: https://nft.chaindisco.xyz/contract/0xfEe84e716845ec7423c863fc72881804F8BD8441 https://nft.chaindisco.xyz/contract/0xfEe84e716845ec7423c863... -- instant laughter!
- noxplode 5y agothat's pretty cool! Open source!?
- deleted 5y ago[deleted]
- rsecora 5y agoPoe's law in motion.
- spoonjim 5y agoAre there any NFT’s legally tied to real assets? I can imagine something like an NFT of the Harry Potter copyright, enforced by courts, that lets average Joes trade little slices of that asset.
- alanlammiman 5y agoyou have tokenized shares, yes.
- jesterpm 5y agoWait, I've seen this one! If you like these NFTs, I have a bridge in Brooklyn to sell to you.
- gafferongames 5y agoThis is disgraceful. Shame on everybody involved in the NFT, blockchain, web3 and metaverse scam.
- bachmeier 5y agoSo is this a joke or a scam? There's no way to tell these days.
- Thrymr 5y agoWhy not both?
- notfed 5y agoI've noticed this is a pattern, sort of like Poe's law but for "satirical"-yet-monetized products. I.e., "without a clear indicator of the creator's intent, it is impossible to distinguish between a product or creative work created for the purpose of satire or the purpose of collecting profits from its oblivious users". Obvious examples are ButtCoin, DogeCoin. There are comedians/YouTubers whose "joke" is having low quality content.
- mwattsun 5y agoIt won't be long before someone sells their soul as an NFT
- alanlammiman 5y agoare you selling?
- mwattsun 5y agoI did a soul buy back after a lot of hard work and I'm my own man now so no hah hah
- n8cpdx 5y agoIt’s amazing how the media can be manipulated so easily. NFTs weren’t really a thing until someone did a media splash (some random artist). From a splash it turned into a story. Then the old non-tech people get scared/FOMO, so they of course have to write something up. And if big news sites are talking about it, it must be real news! About 10 people could have just ignored the bullshit and NFTs would be some niche thing that no one ever heard about. I wish more newsrooms had the self-confidence to filter out obvious bullshit. See also: all the metaverse nonsense Facebook spun up to distract everyone from their huge moral failings.
- alanlammiman 5y agoit's not (just) the media. It's human nature: you offer something sufficiently remarkable (in the sense that it invites a remark from people, whether positive or negative) and the remarks raise awareness which drive more remarks. A certain percentage of people think it's interesting/good and try it. It's the same principle behind populists saying outrageous things. The media amplifies it, but it happens even without media. You and I are a part of it right now, by commenting on this thread.
- black_13 5y agoZoidberg‘s Sandwich
- JetAlone 5y agoA limited run of Pasta Passes as NFTs would make a whole lot of sense.