4 ms·

Seems similar to Nintendo's use of their trademark as an anti-piracy measure in the early consoles.

pests 3y ago
That's digital and involved copyright though. If I go pry the OEM badge off a Ford car and try to re-sell it... it doesn't matter that its a Ford part or that Ford doesn't sell it to the public (only with a car, might be wrong here, but go with me)
- shagie 3y ago
  What if I go to a Ford part supplier and buy some Ford parts for cheap before they sent to Ford to be blessed, but after the Ford logo is stamped on them. Now I'm putting those parts in vehicles that I'm repairing. What happens when one of the parts that I put in goes to a dealership repair for a warranty repair? It may be as good as the Ford part (it's the same part), but Ford has no record of the serial number on it. Is Ford obligated to fix what appears to be a Ford part (what the customer thought was a Ford part) but isn't something that Ford ever sold, tested, or warrantied?
  - oez 3y ago
    That's not at all what is happening though. It's more like if I was to buy crashed Fords at salvage auctions to take the genuine parts from them, and Ford's private stasi force shows up at my house to take everything and then sell them for their own profit.
    - threeseed 3y ago
      Not sure what you are talking about. From the article, Jessa who operated the repair shop knew that the screens were counterfeit and tried to import them anyway. They were subsequently seized at the border. Apple is not coming to your house with some private force. They are simply using an IP enforcement program that is open to every copyright holder.
      - enragedcacti 3y ago
        > Jessa who operated the repair shop knew that the screens were counterfeit and tried to import them anyway. TFA: The parts aren’t being seized because they’re counterfeit. In fact, they’re demonstrably not counterfeit: the only reason an Apple logo is on a piece of a “third-party” component is because that piece is original OEM Apple hardware being legally re-sold
        dwaite 3y ago
        Are there any updates in the five years since this happened? An appeal or lawsuit actually filed?
        threeseed 3y ago
        > the only reason an Apple logo is on a piece of a “third-party” component is because that piece is original OEM Apple hardware being legally re-sold Because other companies are incapable of putting an Apple logo on their products ? It's literally what counterfeiters do.
        Clamchop 3y ago
        The case isn't closed when you spitball that it could be counterfeit but that's exactly what CBP is doing here. TFA: [due process good]
      - oez 3y ago
        Why are you conflating third party parts with counterfeits? If you actually read the article the reason the shipment was seized had nothing to do with the screens, it was the logo on the reused original parts that Apple believed were counterfeit. Besides, I'm not American so maybe my view is different, but if a company can pay money to a government agency for increased policing for their benefit, and that government agency raids businesses under the direction of that companies representatives, that is a private force. E: And the fact that it's open for any company to use does not make it better in any way whatsoever.
      - Reubachi 3y ago
- ChickeNES 3y ago
  It's digital /now/ but Nintendo also used the design of their logo embossed on FDS disks as a (very) primitive form of DRM (there was a corresponding piece of plastic in the drive that would only sit flush if the disk had the right cutouts).
  - dylan604 3y ago
    Until somebody finds the right die to use to cue the covers. Reminds of the concert venue that was using a hole punch to indicate to the bouncers the person had floor access. Somebody had a pocket knife and everyone was gathered around the corner trying to cut round circles to fool the bouncers. Or the people that reversed the TSA master key from photographs. Shape based "security" is a joke.
    - deleted 3y ago
      [deleted]
    - semanticist 3y ago
      The point wasn't that the shape was secret, it's that the shape was trade-marked, and so very easy for Nintendo to shut down anyone using it.
      - Luc 3y ago
        It didn't work like that though. A pirate doesn't need to copy the Nintendo logo to make the disc functional, they just need to make 2 rectangular slots on each side of the disc. Nintendo just arranged it so it fits nicely within their logo.
  - Clamchop 3y ago
    I wonder if this would have held up in the US if it had been disputed. Neither trademark nor copyright is allowed to be functional and Nintendo effectively made their mark a functional requirement for a disk to fit.
emodendroket 3y ago
Wasn't a carveout eventually made for this specific case though?

That's digital and involved copyright though. If I go pry the OEM badge off a Ford car and try to re-sell it... it doesn't matter that its a Ford part or that Ford doesn't sell it to the public (only with a car, might be wrong here, but go with me)

shagie 3y ago
What if I go to a Ford part supplier and buy some Ford parts for cheap before they sent to Ford to be blessed, but after the Ford logo is stamped on them. Now I'm putting those parts in vehicles that I'm repairing. What happens when one of the parts that I put in goes to a dealership repair for a warranty repair? It may be as good as the Ford part (it's the same part), but Ford has no record of the serial number on it. Is Ford obligated to fix what appears to be a Ford part (what the customer thought was a Ford part) but isn't something that Ford ever sold, tested, or warrantied?
- oez 3y ago
  That's not at all what is happening though. It's more like if I was to buy crashed Fords at salvage auctions to take the genuine parts from them, and Ford's private stasi force shows up at my house to take everything and then sell them for their own profit.
  - threeseed 3y ago
    Not sure what you are talking about. From the article, Jessa who operated the repair shop knew that the screens were counterfeit and tried to import them anyway. They were subsequently seized at the border. Apple is not coming to your house with some private force. They are simply using an IP enforcement program that is open to every copyright holder.
    - enragedcacti 3y ago
      > Jessa who operated the repair shop knew that the screens were counterfeit and tried to import them anyway. TFA: The parts aren’t being seized because they’re counterfeit. In fact, they’re demonstrably not counterfeit: the only reason an Apple logo is on a piece of a “third-party” component is because that piece is original OEM Apple hardware being legally re-sold
      - dwaite 3y ago
        Are there any updates in the five years since this happened? An appeal or lawsuit actually filed?
      - threeseed 3y ago
        > the only reason an Apple logo is on a piece of a “third-party” component is because that piece is original OEM Apple hardware being legally re-sold Because other companies are incapable of putting an Apple logo on their products ? It's literally what counterfeiters do.
        Clamchop 3y ago
        The case isn't closed when you spitball that it could be counterfeit but that's exactly what CBP is doing here. TFA: [due process good]
    - oez 3y ago
      Why are you conflating third party parts with counterfeits? If you actually read the article the reason the shipment was seized had nothing to do with the screens, it was the logo on the reused original parts that Apple believed were counterfeit. Besides, I'm not American so maybe my view is different, but if a company can pay money to a government agency for increased policing for their benefit, and that government agency raids businesses under the direction of that companies representatives, that is a private force. E: And the fact that it's open for any company to use does not make it better in any way whatsoever.
    - Reubachi 3y ago
ChickeNES 3y ago
It's digital /now/ but Nintendo also used the design of their logo embossed on FDS disks as a (very) primitive form of DRM (there was a corresponding piece of plastic in the drive that would only sit flush if the disk had the right cutouts).
- dylan604 3y ago
  Until somebody finds the right die to use to cue the covers. Reminds of the concert venue that was using a hole punch to indicate to the bouncers the person had floor access. Somebody had a pocket knife and everyone was gathered around the corner trying to cut round circles to fool the bouncers. Or the people that reversed the TSA master key from photographs. Shape based "security" is a joke.
  - deleted 3y ago
    [deleted]
  - semanticist 3y ago
    The point wasn't that the shape was secret, it's that the shape was trade-marked, and so very easy for Nintendo to shut down anyone using it.
    - Luc 3y ago
      It didn't work like that though. A pirate doesn't need to copy the Nintendo logo to make the disc functional, they just need to make 2 rectangular slots on each side of the disc. Nintendo just arranged it so it fits nicely within their logo.
- Clamchop 3y ago
  I wonder if this would have held up in the US if it had been disputed. Neither trademark nor copyright is allowed to be functional and Nintendo effectively made their mark a functional requirement for a disk to fit.

emodendroket 3y ago

Wasn't a carveout eventually made for this specific case though?