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Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

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Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#201

Earlier quoted context omitted.

The American government insists that patents, trademarks, and copyrights are respected worldwide without jurisdiction because they got everyone else in the room to agree to do that in exchange for import market access. That's why the WTO TRIPS agreement exists. Everyone agreed to the same laws, and agreed to allow foreigners to sue domestic businesses, so it doesn't matter who has jurisdiction over what. America does…

> That's why the WTO TRIPS agreement exists. As far as I can tell, TRIPS includes the EU PDO protections, so why are US companies selling "fake" EU food products when the US government agreed to respect EU PDO trough TRIPS? Do EU companies simply not sue against that in US courts? I tried looking for cases like that, but I couldn't really find any examples. > Everyone agreed to the same laws, and agreed to allow fore…

I'm not privy to the trade negotiations involved, but WTO rules don't get 1:1 copied into local law. For example, TRIPS just says countries need to have adequate legal protection for DRM, but DMCA Section 1201 takes that as an excuse to create an anticircumvention regime far stricter than required by TRIPS. I'm also somewhat confident that you can't sue if PDOs weren't locally implemented; even if the US promised to implement them but never got around to it.

I have no idea what hurdles are involved with suing entities in China. I just know that many copyright owners find it too expensive to do so. Presumably, you'd need authorized legal representation in China to sue, which could be even more expensive. Legal translation would also be required, which would also cost money. These are all issues that current international law doesn't cover. Each jurisdiction is allowed to have it's own licensing standards and working languages. The closest thing I could think of to harmonizing that would be something like ISDS (investor-state dispute settlement), a process so onerous even the country that invented it hates them.

There's plenty of other small deviations from WIPO law that member countries have sort-of gotten away with, such as...

1. Moral rights - Canada makes them waivable, which basically makes them meaningless. The US went a step further and never bothered to implement them, arguing that economic rights and contracts were sufficient to protect moral rights. (On the other hand, the US did implement moral rights in VARA, which is why the 5Pointz artists were able to sue and win millions when the property owner badly whitewashed over their authorized graffiti.) 2. Copyright formalities - We spent a literal century trying to get rid of copyright formalities, leading to the world of today where everything is born copyrighted and it is literally impossible for something to fall out of copyright until it has been escheated to the public domain. However, if you do not register your copyright in the US, you cannot sue. Even if you register after-the-fact, you lose your statutory damages if the infringement happened before registration. For the vast majority of infringements, that means there's no money in enforcing your copyright, and all you can really get is some kind of a restraining order on the infringer.

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#202
post #56
post #22

Earlier quoted context omitted.

This request is not baseless at all. If you have in the supermarket a noname cheese that is branded "Grana Padano style", it would hurt the trademark.

> This request is not baseless at all. If you have in the supermarket a noname cheese that is branded "Grana Padano style", it would hurt the trademark. You don't sell cheese on YouTube, though. Why should private commercial interests be able to censure free speech around the globe?

It does not need to sell in any quantities. The mere presence of it hurts the trademark.

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#203
post #194
post #110

Earlier quoted context omitted.

I would be so happy to find Parmesan that‘s not named Parmesan, just for some more diversity. For example, I would prefer to avoid animal-based rennet if at all possible, but there is no real diversity in cheeses with a Parmesan-like flavor profile made with microbial rennet (I know of one such cheese and while it’s ok it’s also no amazing) and as far as I know Parmesan (actual Parmesan named Parmesan) with microbial…

Is it? It’s an invented problem. No shortage of Rennet even if meat consumption goes down by half.

I think that comes down to different models of ethics.
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