Dildo copyright litigation? Dildo copyright litigation! This case was just filed in Arizona federal court. I figured some folks here might be interested. Mike can write a new chapter for his dissertation! @rahaeli.bsky.social @questauthority.bsky.social @neolithicsheep.bsky.social - ThreadSky

orcishlaw.bsky.social • 349 days ago

Dildo copyright litigation? Dildo copyright litigation!

This case was just filed in Arizona federal court. I figured some folks here might be interested. Mike can write a new chapter for his dissertation!
@rahaeli.bsky.social @questauthority.bsky.social @neolithicsheep.bsky.social

Comments

down10.bsky.social•348 days ago

@boozybadger.bsky.social !!!

rtushnet.bsky.social•348 days ago

Not the first dildo copyright case, if you must know

seansatori.bsky.social•348 days ago

Dildos might be (or not be) the most untapped art market out there.

staidwinnow.cultofsundries.com•348 days ago

*Ted Cruz has entered the chat.*

thatstoomuchcolby.bsky.social•348 days ago

I can’t read the whole thing, can you just give me the main thrust of the argument?

orcishlaw.bsky.social•348 days ago

You've made two horrible puns in a short amount of time. Joke's on you, now I'm going to follow you!

rahaeli.bsky.social•348 days ago

You'll have to scroll down past SinSaint's CGI error barf on their website, but here's comparison links for folks to make it easier to evaluate. Obviously these are all NSFW:

COUNT 1:
https://bad-dragon.com/products/crackers
https://sinsaint.com/dildos/asmodeus-silicone-sex-toy

laz1985.bsky.social•347 days ago

Wait. A toy with bumps vs. a toy without bumps? What?

laz1985.bsky.social•347 days ago

This isn’t really helping, I’m afraid.

theonecpk.bsky.social•348 days ago

Sounds like SinSaint’s counsel should write a letter with an attached check for $3000 and a settlement offer and say “here’s for your pains now fuck off”

crookedknight.bsky.social•348 days ago

The CGI error barf is there so it's also NSFW for web designers

rahaeli.bsky.social•348 days ago

COUNT 2:
https://bad-dragon.com/products/fenrir
https://sinsaint.com/dildos/astaroth-silicone-fantasy-toy-dildo

COUNT 3:
https://bad-dragon.com/products/kelvin
https://sinsaint.com/dildos/behemoth-silicone-cock-toy (URL given in complaint, looks like it's not currently for sale)

publiusmaximus.bsky.social•348 days ago

Can't wait to share

Notice: Undefined index: description in /home/globma5/sinsaint.com/storage-www/modification/catalog/controller/product

With my partner!

rahaeli.bsky.social•348 days ago

COUNT 4: the Bad Dragon product is not currently listed for sale, the URL in the complaint is https://da6npmvqm28oa.cloudfront.net/8898e549-5405-4d2a-b34b-9edd0a5d7c00.jpg
The SinSaint version is https://sinsaint.com/dildos/cobra-silicone-sex-dragon-toy

COUNT 5: https://bad-dragon.com/products/razor
https://sinsaint.com/dildos/crane-silicone-adult-toy

rahaeli.bsky.social•348 days ago

COUNT 6: https://bad-dragon.com/products/stan
https://sinsaint.com/dildos/gaur-silicone-toy

COUNT 7: https://bad-dragon.com/products/spritz
https://sinsaint.com/dildos/idyll-silicone-novelties-toy

COUNT 8: https://bad-dragon.com/products/ika
https://sinsaint.com/dildos/lao-silicone-adult-fantasy-toy

COUNT 9: https://bad-dragon.com/products/nocturne
https://sinsaint.com/dildos/monarch-silicone-orgasms-toy

rahaeli.bsky.social•348 days ago

COUNT 10: https://bad-dragon.com/products/vergil
https://sinsaint.com/dildos/ogle-silicone-adult-fantasy-toy

COUNT 11: https://bad-dragon.com/products/marcel
https://sinsaint.com/dildos/sauron-silicone-pleasure-toy

COUNT 12: https://bad-dragon.com/products/echohorn
https://sinsaint.com/dildos/tomee-silicone-exotic-toy

COUNT 13: https://bad-dragon.com/products/tyson
https://sinsaint.com/dildos/willy-silicone-fantasy-toy

rahaeli.bsky.social•348 days ago

My analysis as someone without experience in sculpture copyright but with experience in dildo shopping:

Count 1: absolute bullshit, those two designs have nothing to do with each other
Count 2: absolute bullshit, any similarity is bc they both started with the same inspiration (a wolf penis)

ethanjacobs.bsky.social•348 days ago

“Kelvin the Ice Dragon” is a weapons grade pun.

rahaeli.bsky.social•348 days ago

They have a lot of clever products with good copy, and always have! They used to be pretty much the only name in the field. Then people got tired of their business model (you can't actually buy what you want 90% of the time and their lead time can be incredibly long) and more shops started up.

heavenscalyx.bsky.social•348 days ago

Weren’t they also transphobic? I recall that as being the main reason my crowd talked about shopping elsewhere…

rahaeli.bsky.social•348 days ago

I haven't heard anything about that but I don't pay a lot of attention to them in particular

rahaeli.bsky.social•348 days ago

In their defense, the "restricting custom orders" thing is to address the lead time problem: it is very, very hard to keep up with a large number of orders and consistent production is very difficult at any kind of scale: it's an overall problem with the industry.

rahaeli.bsky.social•348 days ago

But they coasted on being the first (and still the name everyone thinks of) for a really long time and now they're mad that they've got a bunch of shops challenging them.

ethanjacobs.bsky.social•348 days ago

zoroark.ca•348 days ago

Trying to comprehend why they felt the need to show us 30 different colors of the same angle and not like 2 different colors and a view of all sides.

elfsternberg.bsky.social•348 days ago

I'm kinda enjoying the fact that you're going on about this, but I have to say that the "problem space" of "what will fit into a human orifice" is pretty well explored, so to speak.

rahaeli.bsky.social•348 days ago

Yeah, there's a huge difference between "bought a copy of a shop's product and cast a mold from it to make the exact same thing" -- which does happen! -- and parallel evolution of a concept, and this is all parallel evolution of a concept.

3dfrost.bsky.social•348 days ago

What often happens is a BD low-poly model gets ripped from their site and reuploaded; people download that file; then they edit it. A lot of the toys in this complaint would be recognized as BD models at a glance. To have this many supposed parallel evolutions at once is at best highly improbable.

3dfrost.bsky.social•348 days ago

I've seen a lot of dildos with common inspiration (like knots) and many that seem generic or, as you mentioned, the result of parallel evolution. There's so many stores with big lineups where you'd never have near this many similarities to BD models.

3dfrost.bsky.social•348 days ago

Even if there weren't a lawsuit, I could tell at a glance that most or all of these were ripoffs based on design details.

Will it hold up in court? I don't know. Do I care about BD that much? No, but a lawsuit like this could deter ripoffs of indie models, which I do care about.

lonelylupine.bsky.social•348 days ago

I have to allow some scripts to even see the SinSaint examples...and I don't feel safe doing that.

egrunin.bsky.social•347 days ago

Looks like the cause of the error is that they've taken the challenged items offline without updating their database.

salenstormwing.bsky.social•348 days ago

Where's @kenwhite.bsky.social to explain the DEPTHS of copyright infringement concerning dildos?

fopfox.ca•348 days ago

The evidence pdfs all list them as sculptures...my my

questauthority.bsky.social•348 days ago

oh my.

infamousunknown.bsky.social•348 days ago

I think @georgetakei.bsky.social has the copy write on that line.

;)

thatstoomuchcolby.bsky.social•348 days ago

I imagine there will be a lot of issues regarding the probative value of the evidence.

warcabbitmwm.bsky.social•348 days ago

Yes, Ha ha ha ha... YES!

timorous.cishet.net•348 days ago

Isn’t there a pretty obvious useful articles problem here, even after Star Athletica?

What I’m saying is that we need more dildo design patents

timorous.cishet.net•348 days ago

Having read the complaint they seem to be pleading around it, but if I were the D’s lawyers I’d move to dismiss on that ground

jkelber.bsky.social•347 days ago

I feel like you should spell out defendants given the subject matter and possible confusion.

azathothsdaddy.bsky.social•348 days ago

Oh your what?

buddygoodboy.com•348 days ago

There’s so much I want to say, and I can’t decide. I’m a dog caught between two equidistant treats.

riderius.bsky.social•348 days ago

"O brave new world, that has such people in't!"

dbeecher.bsky.social•348 days ago

Probably need to order some visual aids to properly cover this on stream

halfcockedlaw.bsky.social•348 days ago

Today's streaming topic: who owns the copyright to your penis?

dbeecher.bsky.social•348 days ago

Do you have publicity rights on those mold your own dildo things?

orcishlaw.bsky.social•348 days ago

I mean, we've already got ROP for timbre of voice, silhouettes, faces.... Why shouldn't a famous dong likewise be protected?

halfcockedlaw.bsky.social•348 days ago

Your honor, dozen of women have seen this penis. I have a right to market this popular tool.

onbluskysku.bsky.social•348 days ago

The Federal Circuit was once sent marijuana as a demonstrative in a plant patents case and had to have the marshals lock it up to prevent the clerks from committing a federal crime so there’s precedent

halfcockedlaw.bsky.social•348 days ago

Getting a witness to authenticate the evidence could be tricky.

mrose.ink•348 days ago

“In your professional opinion, is this specimen dank?”

parasyte.info•348 days ago

https://youtu.be/CX9XrZ9wvVA?si=LWTAipDP1aEhUu81

nocatsnomasters.bsky.social•348 days ago

Looking at the cited examples, I'm pretty surprised that BD had the balls to file that. That seems like a really soft case. They're going to have a hard time making it stick.

analoren.bsky.social•347 days ago

jokes aside, I was wondering what I was supposed to be noticing re: similarities. Like, some of them are pretty similar, but then there are some pairs that are just completely different so... like what's the case here?

nocatsnomasters.bsky.social•347 days ago

I am not a copyright lawyer. I think you're right that most, possibly all, of these claims lack merit. But actual experts might disagree for reasons that they are familiar with and we, as non-experts, are not. On the other hand, it's quite possible that there are no experts on dildo design copyright

nocatsnomasters.bsky.social•347 days ago

At that point, courts usually look to similar categories and make new rulings based on or with reference to what's been done previously. On the gripping hand, what constitutes a 'similar category', particularly in this case, could very much depend on the particular perspective of the judge.

nocatsnomasters.bsky.social•347 days ago

Juggling all those angles is pretty much what lawyers who specialize in copyright cases do for a living.

nocatsnomasters.bsky.social•347 days ago

In conclusion; Harmony Gold delenda est.

nocatsnomasters.bsky.social•348 days ago

( I have no plans to be older than eight about this case )

nocatsnomasters.bsky.social•348 days ago

I am absolutely living for the expert analysis filings on similarity.

wonkish.bsky.social•347 days ago

I look forward to the Nebula-only Legal Eagle video covering this.

swearyanthony.bsky.social•348 days ago

Hope some folks "file" an "amicus curiae" *wink wink nudge nudge*

miketheta.bsky.social•348 days ago

Sounds like it's something that will generate a lot of penetrating discussion, probing questions and bring about the agony and ecstacy of personal exploration.

ethanclsn.bsky.social•348 days ago

For the stupid (me) who's suing who?

nome.bsky.social•348 days ago

Also me!

corbiecore.bsky.social•348 days ago

IANAL (haha) but I believe plaintiff's name typically comes first, so it looks like Bad Dragon is suing Sin Saint.

orcishlaw.bsky.social•348 days ago

Here, Bad Dragon is the plaintiff, suing SinSaint.

You can usually assume that the first name is suing the second name, although appellate cases can be an exception, depending on the relevant state rules.

ethanclsn.bsky.social•348 days ago

Appreciate the explanation

orcishlaw.bsky.social•348 days ago

It's never a bad idea to ask for clarification!

ethanclsn.bsky.social•348 days ago

And now I know a useful thing!

dvandom.bsky.social•348 days ago

goldencoyote.bsky.social•348 days ago

Bad Dragon is gonna get their asses laughed right out of court and I'm going to LAUGH.

dbeecher.bsky.social•348 days ago

Just made sure the complaint is RECAP'd for everyone. https://www.courtlistener.com/docket/68361684/bad-dragon-enterprises-incorporated-v-sinsaint-incorporated/

theleakingpen.bsky.social•348 days ago

Just how civil can that cover sheet really be?

themadyokai.bsky.social•347 days ago

I'm trying so hard to take this seriously, but I can't because I am an immature 36 year old

newtype89art.bsky.social•348 days ago

Im assuming this is bad dragon going after the company that been selling knock-offs of thair stuff in spancers gifts

floofersthefox.bsky.social•347 days ago

I really don’t know that much about law but I’ve heard that “I can’t define it but I know it when I see it” test about obscenity
Depending on how conservative a court it goes to can they just declare the dildos illegally obscene on the get go before hearing it basically banning em?

dbeecher.bsky.social•347 days ago

Potter-Stewart’s “know it when I see it” predates the current obscenity standard by more than a decade so it’s not really a meaningful statement anymore.

And no, no one is trying to charge these as obscene, the court wouldn’t be able to just sua sponte declare something like that.

floofersthefox.bsky.social•347 days ago

Oh ok yeah Ik nobody was trying to change obscenity I was just worried a bad faith judge would attempt to ban them by issuing some BS morality ruling unrelated to the copyright issue

dbeecher.bsky.social•348 days ago

Also, @boozybadger.bsky.social, this seems... up your alley?

theleakingpen.bsky.social•348 days ago

PHRASING! Boom

orcishlaw.bsky.social•348 days ago

Ach! I was focusing on the dildo entrepreneurs, but how could I not also tag Boozy??

orcishlaw.bsky.social•348 days ago

I was going to look at the complaint, but maybe I should wait until the kids have gone to bed. That's a lot of exhibits...

dbeecher.bsky.social•348 days ago

The exhibits are safe, they're just copies of the copyright documents. Exhibit N has a list of URLs for the original and potentially infringing products for comparison.

ethanjacobs.bsky.social•348 days ago

The links to the allegedly infringing products are less kid-friendly.

babblingfringe.bsky.social•348 days ago

Yeah, that many CGI errors on a website could scar the kids for life. They’d never be able to do web design after!

Comments

Posting Rules

Reply