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<title>Techdirt. Stories filed under &quot;real&quot;</title>
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<item>
<pubDate>Thu, 5 Jan 2012 17:00:00 PST</pubDate>
<title>DailyDirt: In Money, We Trust (Sometimes)</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20101102/10463011687/dailydirt-money-we-trust-sometimes.shtml</link>
<guid>http://www.techdirt.com/articles/20101102/10463011687/dailydirt-money-we-trust-sometimes.shtml</guid>
<description><![CDATA[ Money is an interesting concept. Government institutions create a supply of money and try to control the value of it within some acceptable ranges. But when the value of money goes out of control, the <a href="http://en.wikipedia.org/wiki/Plano_Real">solutions</a> for getting it stabilized seem a bit illogical. Still, if you can get enough people to switch their faith from one money to another, it seems to work. Here are a few more stories on the topic of money and currency. 
<ul>
<li> <a title="http://www.npr.org/blogs/money/2011/11/10/142217235/leaving-the-euro-is-hard-to-do" href="http://n.pr/w8Kuxf">It's intriguingly difficult for any country that currently uses the euro to try to stop using it and switch to some other form of currency.</a> So difficult, in fact, there's a $400,000 prize for anyone who can figure out a process that would actually work and not create monetary chaos. [<a href="http://www.npr.org/blogs/money/2011/11/10/142217235/leaving-the-euro-is-hard-to-do">url</a>]</li>
<li> <a title="http://online.wsj.com/article/SB10001424053111904583204576542851688284590.html" href="http://on.wsj.com/yhkUOk">Some Brazilians are using locally-printed currencies instead of its national reais -- such as the capivari, which is just one of the 63 local kinds of money.</a> The capivari is a printed bill (with a picture of a rodent on it!), equal in value to the reai, but retailers give customers discounts for using capivaris (making these local bills into fancy coupons, essentially). [<a href="http://online.wsj.com/article/SB10001424053111904583204576542851688284590.html">url</a>]</li>
<li> <a title="http://www.guardian.co.uk/business/2011/feb/10/imf-boss-calls-for-world-currency" href="http://bit.ly/wy24wM">Last year, the IMF's Dominique Strauss-Kahn proposed an alternative to the dollar in central banks' foreign currency reserves.</a> A system of special drawing rights (SDRs) for central banks would be priced according to international trade instead of any single nation's currency. (It's not an entirely new idea, but it's never caught on.) [<a href="http://www.guardian.co.uk/business/2011/feb/10/imf-boss-calls-for-world-currency">url</a>]</li>
<li> <a title="http://blogs.ft.com/beyond-brics/2012/01/03/vietnamese-use-dollar-at-their-peril/#axzz1iQfxQoLT" href="http://on.ft.com/A5sxbt">In Vietnam, there's a penalty for posting prices in dollars instead of the local currency.</a> The local currency suffers from high inflation rates, so they might want to look into Brazil's monetary history for some lessons.... [<a href="http://blogs.ft.com/beyond-brics/2012/01/03/vietnamese-use-dollar-at-their-peril/#axzz1iQfxQoLT">url</a>]</li>
<li><b>To discover more stuff on economics, <a title="http://www.stumbleupon.com/to/stumble/topic:137" href="http://bit.ly/mPvUHR">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:137">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

As always, StumbleUpon can also recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20101102/10463011687/dailydirt-money-we-trust-sometimes.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101102/10463011687/dailydirt-money-we-trust-sometimes.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101102/10463011687/dailydirt-money-we-trust-sometimes.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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<item>
<pubDate>Fri, 18 Feb 2011 19:39:00 PST</pubDate>
<title>The Trademarking Of Duff Beer: How Fictional Trademarks Become Copyright Issues In The Real World</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110211/13014213060/trademarking-duff-beer-how-fictional-trademarks-become-copyright-issues-real-world.shtml</link>
<guid>http://www.techdirt.com/articles/20110211/13014213060/trademarking-duff-beer-how-fictional-trademarks-become-copyright-issues-real-world.shtml</guid>
<description><![CDATA[ <a href="http://www.hollywoodreporter.com/blogs/thr-esq/hollywood-docket-marvel-v-jack-98286?utm_medium=twitter&#038;utm_source=twitterfeed" target="_blank">THResq</a> points us to a fun, but thorough, law journal article by law student Benjamin Arrow, looking at <a href="http://www.entertainmentlawreporter.com/2011/02/fictional-trademarks-protectable.html" target="_blank">whether or not Duff Beer, from the Simpsons, is protectable as a trademark in the real world</a> (or you can <a href="http://iplj.net/blog/wp-content/uploads/2010/11/C04_Arrow_011111_Final.pdf" target="_blank">go directly to the paper</a>) (pdf).  The analysis is actually more complex than you would think, noting that as you shift from the fictional world of the Simpsons to the real world of beer production, the issue switches from being a trademark issue to a copyright issue, where the beer is a form of a derivative work on the copyrighted expression known as the cartoon of Duff Beer.
<blockquote><i>
Fox and The Simpsons' creator, Matt Groening, developed the
idea for the fictional brand, Duff. Therefore, when a real-world
manufacturer puts out a product by the same name, one might
think that it has stolen Fox's idea and that, as a matter of equity,
intellectual property law ought to furnish a remedy. But
intellectual property law does not protect ideas in the abstract.
While a real-world Duff manufacturer may have taken more than
just an idea, it is difficult to articulate how much more. Part of the
reason it is so difficult to conceptualize the injury Fox suffers
when another producer introduces a Duff Beer to the marketplace
stems from the fact that Duff Beer is a fictional product sold in a
fictional universe under a fictional brand name. Fox's injury looks
very different when we suspend our disbelief and plunge into the
fictional world of Springfield, accepting the fictional reality as our
own and when we pull back, remind ourselves that The Simpsons is
nothing more than a cartoon and view Duff Beer as one element of
a vividly imagined work of animated fiction. As a consequence of
this puzzle of perspective, Fox suffers a different intellectual
property injury depending on our vantage point.
<br /><br />
An analogy to Internet law helps explicate the puzzle. Writing
on the problem of perspective in this area of the law, Professor
Orin Kerr posits that "whenever we apply law to the Internet, we
must first decide whether to apply the law to the facts as seen from
the viewpoint of physical reality or virtual reality." Kerr terms
the perspective from inside virtual reality the "'internal
perspective' of the Internet" and the point of view of an "outsider
concerned with the functioning of the network in the physical
world rather than the perceptions of a user" the "external
perspective." In attempting to apply law to the Internet, our
perception of who is doing what to whom is not a mere cognitive
tool for conceptualizing difficult problems, Kerr contends.
Instead, our selection of perspective is itself outcome
determinative, because "[b]y choosing the perspective, we choose
the reality; by choosing the reality, we choose the facts; and by
choosing the facts, we choose the law." While Kerr suggests
that courts may dismiss this problem of perspective as "a minor
skirmish in the 'battle of analogies,'" he notes that courts "already
choose perspectives when they apply law to the Internet" without
realizing it.
</i></blockquote>
While this may just seem like a fun, little intellectual query, the second paragraph above highlights why it's actually pretty important.  For nearly a decade, we've been pointing out the <a href="http://www.techdirt.com/articles/20031113/1143235_F.shtml">problems</a> that occur when you take laws from the real world and pretend you can just apply them naturally into a virtual world.  The same thing applies here to some extent.  In this case, it's resolved via copyright law, since the creation of Duff Beer may be protectable under copyright in the real world, and any such beer would be derivative.  Trademark, on the other hand, which would apply <i>in</i> the fictional world, does not apply in the real world, since there's no real "use in commerce" of a product known as Duff Beer.
<br /><br />
Either way, the paper is a fun read, and actually raises a series of issues that are important and worth thinking about when discussing how the real world law applies on the internet in general and in wider "virtual" worlds.<br /><br /><a href="http://www.techdirt.com/articles/20110211/13014213060/trademarking-duff-beer-how-fictional-trademarks-become-copyright-issues-real-world.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110211/13014213060/trademarking-duff-beer-how-fictional-trademarks-become-copyright-issues-real-world.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110211/13014213060/trademarking-duff-beer-how-fictional-trademarks-become-copyright-issues-real-world.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>metamorphisis</slash:department>
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<item>
<pubDate>Fri, 19 Oct 2007 10:37:23 PDT</pubDate>
<title>Old Fogeyism Isn't That Surprising</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20071012/155623.shtml</link>
<guid>http://www.techdirt.com/articles/20071012/155623.shtml</guid>
<description><![CDATA[ Last week Thomas Friedman penned a <a href="http://www.nytimes.com/2007/10/10/opinion/10friedman.html?ex=1349668800&#038;en=5e873d3a6afc7378&#038;ei=5090&#038;partner=rssuserland&#038;emc=rss">silly column</a> claiming that Internet-based activism doesn&#39;t &quot;count&quot; as real political engagement. &quot;Activism can only be uploaded, the old-fashioned way &mdash; by young voters speaking truth to power, face to face, in big numbers, on campuses or the Washington Mall. Virtual politics is just that &mdash; virtual,&quot; he says. As <a href="http://www.informationweek.com/blog/main/archives/2007/10/thomas_friedman.html;jsessionid=F501ZLSPCHGQCQSNDLQCKH0CJUNN2JVN">various people</a> have <a href="http://blog.wired.com/27bstroke6/2007/10/tom-friedman-th.html">pointed out</a>, this is complete nonsense. I engaged in some campus activism in college in the late 1990s, and I have trouble even imagining how students coordinated their activities in the pre-email days. Blogs have proven an incredibly potent force for <a href="http://www.chicagotribune.com/news/nationworld/chi-jena_blog_web19,1,4794853.story">rooting out and publicizing injustice.</a> And I&#39;m sure the technologies that have evolved since I graduated are just as valuable to campus activists. Obviously, online activism <em>by itself</em> doesn&#39;t accomplish anything, but by the same token neither do telephone calls or newspaper columns. Rather, these are all tools that activists can use to coordinate their activities more efficiently. Many of the people who sign up for candidates&#39; Facebook groups <em>do</em> go to the candidates&#39; rallies or volunteer for their campaigns.<div><br /></div><div>However, I think we shouldn&#39;t be too hard on Friedman. After all, it&#39;s pretty common for older people to complain about young people and their new-fangled ways of doing things. There are journalism professors who <a href="http://www.techliberation.com/archives/042758.php">believe</a> that you have to publish on paper to &quot;count&quot; as a serious journalist. There were lots of people who looked down their noses at Internet dating when it began, and some people still <a href="http://www.techdirt.com/articles/20071007/230742.shtml">sneer</a> at efforts to improve the online matchmaking process. And of course, there are books <a href="http://www.lessig.org/blog/2007/05/keens_the_cult_of_the_amateur.html">arguing</a> that volunteer-driven content like Wikipedia is destroying our culture by undermining traditional ways of organizing information. Most of these arguments are silly, obviously, but it&#39;s not that hard to understand where they&#39;re coming from. If you&#39;ve spent decades thinking about an activity in a particular way (if, say, you&#39;ve been a print journalist for 30 years) you&#39;re going to have deeply-ingrained assumptions about how that activity is supposed to be done. And so when people start doing it a different way, it&#39;s inevitably going to seem incomprehensible and weird. So while I think Friedman&#39;s wrong, I don&#39;t think Friedman&#39;s being particularly obtuse. He&#39;s just fallen prey to garden-variety old fogeyism.</div><br /><br /><a href="http://www.techdirt.com/articles/20071012/155623.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071012/155623.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071012/155623.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>kids-these-days</slash:department>
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