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Tesla bricks Cybertruck over IP violations [debunked as hoax]

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TexasBob

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If this post is to be believed, Tesla shut down this man's CT because he made a rap song titled Cybertruck.


Jaw dropping if true. Brilliant viral marketing if false.
Rivian R1T R1S Tesla bricks Cybertruck over IP violations [debunked as hoax] 1754890465771-95
 

TexasBob

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I doubt Tesla's lawyers would write such a poorly reasoned letter. Tesla can't rely on its Trademark to complain about a song.

Trademarks are limited in scope to the uses specified in the application. In Tesla's case that is "Land vehicles; electric vehicles, namely, automobiles and trucks; trucks; pick-up trucks; automobiles; and structural parts therefor"

A song is pretty far outside of that scope.

To take things further, if the singer wanted to, they could even Trademark the term for use in songs and then sue Tesla if they ever release a cybertruck song.

There actually are other Cybertruck trademarks. For example someone other than tesla has exclusive rights to use the term CyberTruck Challenge in the context of educational services related to heavy vehicle cyber security. https://tsdr.uspto.gov/#caseNumber=...TION&caseType=DEFAULT&searchType=statusSearch
 

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COdogman

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It's far more likely his Cybertruck just stopped working on it's own than it being ordered by legal :giggle:
 

MountainBikeDude

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I doubt Tesla's lawyers would write such a poorly reasoned letter. Tesla can't rely on its Trademark to complain about a song.

Trademarks are limited in scope to the uses specified in the application. In Tesla's case that is "Land vehicles; electric vehicles, namely, automobiles and trucks; trucks; pick-up trucks; automobiles; and structural parts therefor"

A song is pretty far outside of that scope.

To take things further, if the singer wanted to, they could even Trademark the term for use in songs and then sue Tesla if they ever release a cybertruck song.

There actually are other Cybertruck trademarks. For example someone other than tesla has exclusive rights to use the term CyberTruck Challenge in the context of educational services related to heavy vehicle cyber security. https://tsdr.uspto.gov/#caseNumber=...TION&caseType=DEFAULT&searchType=statusSearch
Agreed. The letter seems pretty weak, but then to disable a vehicle owned by the person accused of copyright infringement seems like a massive overreach on Teslas behalf. So the whole thing seems fishy. Why wouldn't they go straight after YouTube in that case and have the song removed... that's still up btw...

The song is pretty....
 

NeedSumCoffee

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Tesla has deactivated vehicles in the past. There was a famous one in Russia where they put a machine gun on the roof and said they were gonna use it in the war. Tesla immediately remotely disabled it.

That one is understandable though. I can’t imagine Tesla would do this in the US over a song. But then again… I went and listened to the song and now I understand. It is so bad, Tesla simply doesn’t want to be associated with it.
 

Great Gatsby

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Agreed. The letter seems pretty weak, but then to disable a vehicle owned by the person accused of copyright infringement seems like a massive overreach on Teslas behalf. So the whole thing seems fishy. Why wouldn't they go straight after YouTube in that case and have the song removed... that's still up btw...

The song is pretty....
I'll be so mad if this song gets stuck in my head now. As much as I want to hate it, can't help but to admit that it is a bit catchy.
 

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Zoidz

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I question it specifically regarding disabling the truck. Seems excessive and legally questionable.

Additionally, there is something called "fair use". I am not an attorney, but I wonder if this might apply. It's a defense in court, not a right. Depending on many vague legal nuances, he could be completely legal BUT he would have to assert that in a courtroom as a defendent. Not worth the $$$.

Fair Use
"Examples of purposes and characters that have successfully been used by defendants as a fair use defense against infringement liability include parody, criticism, commentary, educational use, charitable (nonprofit) use, and “transformative” uses where the new work takes on a new character separate from that in the original work."
 

MountainBikeDude

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To further cast shade on this whole thing, another user was able to make his cybertruck show a similar error, with his own text.
"Braincells deactivated" etc. both on the truck, and the laptop

 

cbrcanuck

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It worries me that anyone believes this is true. It is GREAT marketing for the song, but that's all. Everything else about it is only 50% good fakeness at this point in our internet trajectory.
 

Dark-Fx

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I question it specifically regarding disabling the truck. Seems excessive and legally questionable.

Additionally, there is something called "fair use". I am not an attorney, but I wonder if this might apply. It's a defense in court, not a right. Depending on many vague legal nuances, he could be completely legal BUT he would have to assert that in a courtroom as a defendent. Not worth the $$$.

Fair Use
"Examples of purposes and characters that have successfully been used by defendants as a fair use defense against infringement liability include parody, criticism, commentary, educational use, charitable (nonprofit) use, and “transformative” uses where the new work takes on a new character separate from that in the original work."
It's only fair use if upheld in court.
 
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