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Comment by eigenspace

6 hours ago

This is extra bizarre to me, because for most purposes German law doesnt operate on a system of "legal precedent" the way countries which adopted the UK model do.

Am I missing something about Germany following a precedent system for patent/copyright or something, or is this even dumber than it sounds?

As a legal theory, "this default judgement against an anonymous AliExpress seller is binding on literally everyone in the world" kinda reminds me of the Dune nft bros' "we bought a book about Dune and therefore now own the intellectual property rights to Dune."

Except this one is apparently coming from actual accredited lawyers? (Who knows, I'm not a lawyer, maybe it really does work that way and Fender is the first company to figure out how to exploit this)

  • If it does work that way then this is going to get very funny, isn't it?

    https://gettrumpguitars.com

    Because the only way Trump Guitars can sell an LP-type guitar to US customers is that Gibson also lost a body-shape case like this (to Washburn, if I remember right?)

It's that dumb.

Sorry, I rushed through my comment and perhaps didn't make it clear.

They have a default judgement only. But they used it to demand US-based manufacturers recall European-bound inventory, destroy it and certify it destroyed.

Even though they know full well that inventory can legally be sold in the USA — which is part of the near-comical gaslighting walkback the FMIC CEO attempted the other day. They are already admitting it's not a USA thing.

  • Yikes. I guess we'll find out in a couple months that Fender had replaced their legal department with ChatGPT 3 or something.