Samsung Forced YouTube To Pull GTA 5 Mod Video Because It Showed Galaxy Note 7 As Bomb (redmondpie.com)

An anonymous reader quotes a report from Redmond Pie: The Galaxy Note 7 wasn't just recalled, it was cancelled. For good. And that makes Samsung very cranky indeed. So when YouTube user HitmanNiko created a video showing a Grand Theft Auto 5 mod in which Galaxy Note 7 handsets can be used as grenades, it's perhaps somewhat understandable that someone inside Samsung took offense to the idea. What's incomprehensible though is the fact that Samsung has apparently set about trying to erase that video, and presumably others like it, from the Internet. The first step? Forcing YouTube to remove HitmanNiko's video. Trying to view the video now does nothing but display a message which says that the video is "no longer available due to a copyright claim by Samsung Electronics America" which leaves quite the bad taste in our mouths. The biggest issue here is that this is arguably the worst misuse of the DMCA we have ever come across, simply because nothing was copied, unless Samsung is trying to claim that by making the in-game grenades look like Galaxy Note 7 smartphones then the video creator was in fact in breach of copyright.

Comments

Re:DCMA Fair Use / Parody

[bluefoxlucid]

Not even.

The phone isn't copyrighted. Its existence and a representation of it as a material fact can't be copyrighted. You can't copyright the existence and form of your product in such a way that, for example, a novel writer can't mention that a person was using a Samsung Note 3 and describe the functionality he was using. Those are material facts.

The phone is a trademark--or at least its visual form and its name are potential trademarks. You may be able to patent the production of a phone in that form (design patent), and trademark a particular shape of a phone (like the Gibson and Fender headstocks--yes, their brand-identifiable shapes are trademarked); that applies only to actually making a phone.

Samsung is legally-required to protect its trademarks, else they lose them. That means a number of things. It means you can't make a DogRun Galaxy 7 phone (especially in substantially-similar design to the Samsung offering) because Galaxy and Galaxy 7 are Samsung trademarks. It means you can't use the Samsung name to brand your phone. If you do these things, Samsung must take action, or else the next guy to do the same thing can point out that Samsung hasn't protected their trademark.

A reference to a trademark isn't a trademark infringement.

A reference to a trademark in a book, in a TV show, in a video game, in literature about your own product, wherever it is, does not infringe trademark. Trademark distinguishes products. If you make a phone and, in the literature, identify that it is distinct from the Samsung Galaxy 7 by pointing out that it has similar or superior battery life to the Samsung Galaxy 7, you haven't infringed trademark because you haven't identified your phone as a Samsung Galaxy 7.

That video isn't parody, by law; it's non-infringing. It's a non-infringing reference to a trademark and to the existence of a product. Artistically, it's satire: it explores an existing material fact with humor and exaggeration. Even if it had no artistic defense, there's no standing for any intellectual property claim--copyright, trademark, patent, or otherwise. Samsung's phones blowing up is a material fact; it might be over-emphasized, but it's a thing that happened in the world, and the phones are a thing that exist in the world, and the thing in the game is a representation of that thing and not a counterfeit product.