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Strange turns of IP law

First, four publishers have sued the Internet Archive for "mass copyright infringement" following IA temporarily suspending waiting lists on borrowing e-books:

The plaintiffs — John Wiley & Sons and three of the big five U.S. publishers, Hachette Book Group, HarperCollins and Penguin Random House — are trying to block the nonprofit group's operations and recover damages for scores of allegedly infringed works.

"Its goal of creating digital copies of books and providing them to whomever wants to download them reflects a profound misunderstanding of the costs of creating books, a profound lack of respect for the many contributors involved in the publication process, and a profound disregard of the boundaries and balance of core copyright principles," the publishers argued.

The Internet Archive didn't respond immediately to NPR's request for comment on Wednesday. But in a statement issued Monday, Brewster Kahle of the Internet Archive expressed the group's disappointment with the lawsuit.

"As a library, the Internet Archive acquires books and lends them, as libraries have always done. This supports publishing, authors and readers. Publishers suing libraries for lending books, in this case protected digitized versions, and while schools and libraries are closed, is not in anyone's interest," Kahle said. "We hope this can be resolved quickly."

Second, Netflix has defended a worldwide trademark on "Space Force," to the chagrin of the United States Space Force:

When Donald Trump has discussed the newest branch of the U.S. armed services, he struck a bellicose tone. "Space is a war-fighting domain just like the land, air and sea," the president told an audience of Marines in March 2018. Two years later, after Congress appropriated money for his vision for a Space Force, and Trump held an Oval Office ceremony to unveil the official flag of the unit, he added that it was high time the country moved to protect strategic American space infrastructure. "As you know, China, Russia, perhaps others, started off a lot sooner than us," Trump said.

But his administration has proven dovish when it comes to protecting the "Space Force" name itself. On May 29, Netflix premiered its comedy series Space Force, from The Office showrunner Greg Daniels and star Steve Carell. The U.S. military has done nothing to stop the streamer’s satirical take, nor could it thanks to the First Amendment. But less noticed is how around the globe, the streaming giant has outmaneuvered the U.S. government to secure trademark rights to "Space Force" in Europe, Australia, Mexico and elsewhere. Meanwhile, the Air Force merely owns a pending application for registration inside the United States based on an intent to use. Meaning that the feds have gotten a place in line but no confirmed trademark rights thus far.

That's not necessarily a problem. Netflix can produce a television series without confusing consumers, just as the military can train fighting astronauts without anyone mistakenly thinking the streamer is sponsoring such an academy.

Conflict potentially arises when trademark users begin trafficking in similar products. Imagine for a moment that a “Space Force” jumper begins appearing in retail stores. Who’s selling? The U.S. military or Netflix? Trademarks help clarify the source of goods and services.

I'll just stick with US Navy-branded goods—or just call them both "Bruce"—to avoid confusion.

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