News for hackers. Stuff that matters.
Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by Cthulhu_ on Wednesday April 24, 2019 @05:56AM (#19736912)
That is one argument that is often made, however the real issue is that if Nintendo doesn't do this takedown, does not protect its intellectual property, they may lose it entirely - to retain a copyright you have to actively defend it.
Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by jMyles on Wednesday April 24, 2019 @06:00AM (#19736929)
Please. What's the actual scenario you are envisioning here? Do you really, honestly believe that a jury is going to conclude that Nintendo is no longer the rightful owner of a trademark on Mario? Because they didn't take legal action against a C64 port? And what copyright are you talking about anyway? I thought this was a discussion about the Mario trademark?

This "you have to defend your IP" nonsense very quickly veers into propaganda in my estimation. Stated better here: https://www.eff.org/deeplinks/2013/11/trademark-law-does-not...

There is no realistic timeline in which the outcome you are suggesting comes to pass.

Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by classichasclass on Wednesday April 24, 2019 @06:01AM (#19736933)
I think you're thinking of trademark defense, not copyright.
Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by pbhjpbhj on Wednesday April 24, 2019 @08:20AM (#19737617)
It's also false for TM.
Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by boomlinde on Wednesday April 24, 2019 @04:07PM (#19742118)
Depending on who you ask, failure to police your trademark may either weaken it or outright serve as evidence of abandonment by genericization. Either way, it may lessen your claim to the mark.
Re:Super Mario Bros. Commodore 64 Fan Port Hit with DMCA by pbhjpbhj on Thursday April 25, 2019 @04:42PM (#19752325)
>evidence of abandonment by genericization //

That's not at all how genericisation works it's really quite the opposite of abandonment.

The way one abandons a registered trademark, assuming we're talking about the registered rights [I only know about the un-registered rights in the UK, not sure what the scope of unregistered marks is in USA], is by not paying your renewal fees.

What it may do is reduce your damages claim to actual damages from the point when you notify the infringer.

Regardless, even if it were the case that one was required to notify all users there is always the option to offer a limited license for use of marks, so the layman idea of "you have to prosecute or you'll lose your mark" would still be wrong under such a regime.

Whilst the law is not logical, if you think about it allowing the law to work in the way claimed would actually provide a route to easily invalidate any [registered] trademark. One would simply use the mark for trade in a hidden way that the owner could not discover, the failure to notify of the infringement would then -- if the common wisdom held -- invalidate the mark and cause it to be abandoned. Millions of people would be falling over themselves to register Microsoft all the time because they were selling a product using that name and MS never notified them; it would be an entirely unworkable system.