 Ahoy Hoy! Today I'm going to, I know normally it's a dank memes from site 19 video, we're going to push that to Thursday because there's an important piece of news in the scp community which has been mostly ignored and overlooked mainly because I think the presentation of that news has been let's say through rose colored glasses. So on November 23rd there was and there was a holiday to worry about or else I'd have gotten to this sooner but on November 23rd there was an update on the scp legal fund page about the trademark currently owned in Russia by Andrey Dukson. I'm going to read that to you in its totality and then we'll talk a little bit about what the implications of it means and part of why I think the approach here is more rosy and positive than I think it deserves to be. Hello everyone apologies for the delay in posting an update after the violation details were made public on the 10th but the results were more complex than anticipated in some aspects were not revealed to us until today that's another important matter we were supposed to get an update on the 10th we didn't get it until about two weeks later. Back to the reading the Russian federal anti-monopoly service has ruled that Dukson violated fair competition laws by using the trademark against Russian social media groups and content creators one content creator in particular was deemed to be owed unspecified monetary damages from the losses Dukson's actions caused them. In addition the committee has officially stated the following the scp foundation name and logo were created by parties other than Dukson Dukson did not commission their creation the parties which created the scp foundation name and logo did not transfer their rights to Dukson nor did they ever intend to do so and the actions taken by Dukson may be an act of unfair competition in and of themselves and would lead to an illegitimate monopoly due to using said trademark towards where's works and services not protected by said trademark. The committee chose not to rule however this is important the committee chose not to rule on whether or not the registration of the trademark was legal as Russia is a first to file country meaning the barrier for their particular jurisdiction to overturn the mark is very high it was our hope that the federal anti-monopoly service would decide to do so as it would have been significantly faster than an actual intellectual property lawsuit but the ruling is still a victory as it has established multiple pieces of evidence we will use in a copyright infringement lawsuit we've been preparing against Dukson this will not be a quick process sadly with COVID language barriers multiple national legal jurisdictions and the peculiarities of the case all slowing things down that being said the scp foundation wiki scp russian branch and our legal representation are all committed to seeing the case through with the facts and rulings we've established via the federal anti-monopoly service the support of our legal counsel and the creators of the scp intellectual property and the blatant disregard Dukson has shown to IP law we will win the lawsuit as always thank you to everyone who's made this possible and we hope you're staying safe so um first of all the way this has been phrased makes it sound like it's a great win everything's great but this is actually sort of a setback it's not a loss i wouldn't call it a loss but it is definitively a setback the idea and what would have been the ideal solution the ideal outcome would have been to see the uh trademark itself invalidated that didn't happen so what they have refused to basically rule on here is whether or not his trademark is valid or invalid they're just leaving that up to you know that's not our business not our that was a whole not our monkey not our problem sort of thing uh which is problematic because even if they find situations or instances where of the trademark there's trademark infringement for example that indicates if he still owns the trademark that there would would necessarily be instances and we'll find out how that works out but that there could be instances in which he could enforce his trademark rushes a first to file a country and that's very true which makes it a bit difficult again for them to say hey this trademark's invalid because the problem is that he's enforcing a trademark and copyright and trademark law are completely separate things and this statement from the scp wiki on the legal case you would imagine has been well you would imagine we raised 164 thousand dollars for it would have been vetted by somebody who is a lawyer so you would expect that they would make some sort of distinction between copyright law and trademark law in the actual explanation of what's the steps going forward they don't um but they are completely different things there's intellectual these are intellectual property laws so it's trademark and copyright law are under the same umbrella of intellectual property law but they are completely separate types of so what he's doing is basically saying that the logo and anything with the logo on it being sold in russia is an infringement of its trademark right um the thing i think that he is possibly going to actually get dinged for the content creator either wasn't selling or in a completely separate thing was just had an scp community on facebook i believe and he had that taken down based on his trademark or he threatened them to take it down based on his trademark that was probably not a valid use of his trademark but i'm guessing i don't know that for sure i don't know any of this information for sure because frankly the basic details of their case and all the involved um like levers and all all the details are being kept somewhat close to the chest it seems like a very you know these look it's but we have no idea like one content creator in particular was deemed to be owed unspecified monetary damages from the losses duskin's actions caused them which content creator doing i'm guessing it's the facebook people but i don't know that for sure it's not technically facebook it's a russian it's the russian version of facebook actually so let me be clear about that i don't know that's one of those things is going to be it's going to be interesting in practice as it comes up but we are not out of the woods as a community not yet not by a long shot in fact this is again being clear here a setback not a step it's a step forward it's like one step forward and two steps back we now have some basis apparently as a community to sue this guy in russia but at the same time his trademark is still being considered valid in russia so that sucks anyway i wanted to give you guys an update and also kind of reflect on the way that not a big fan of the way they've been informing us how this has been going i assume a certain level of competence from them and that has so far stayed my tongue with regards to criticism i assume they're doing the best they can and so far i've seen nothing that says that they're not uh but it is starting to get a little frustrating how like little information is coming out like we pushed really hard for this uh legal fund and we're not getting very good information about the actual legal case we're getting like results at the end of it and non-vague results at that i'd like links to the documents that were published you know what i mean like that that's the kind of thing you would expect to show this is where our money has gone right we're not getting that there's no links to the documents published there's just a summary that doesn't include a whole lot of details or information uh that's written in such a way as to make it seem like things are going better than they are and that is worrying but not necessarily indicative solely of trouble it's just a worrying thing that i've noticed about this and i think they're doing their best i just didn't think that they were prepared for uh they're doing their best because a lot of these people are doing this work for free anyway i mean we raised 164 thousand dollars that's not a lot of money for a lot for a lawsuit let's be let's be real here it's a lot of money it's not really a lot of money for what we're doing here so the guy that's posting this is probably not getting paid it's a whole bunch thing so for and i don't mean this in a negative sense for an amateur operation i think they're doing all right but i would love to see a little bit more details information links to the documents translations that i can look up and and so on and so forth we don't have that anyway that's it so we're gonna do our dank memes from site 19 video on thursday this week i've been moving it around i'm gonna i would really wish i could stop having to move it but then things like this comes up come up and i want to get to them as quickly as i can once i notice them this is another thing i didn't see any announcements of this on social media it may have been on social media but i didn't see it on the day of like i saw it several days later when it was too late for me to actually change my content anyway thank you very much for watching if you enjoyed the video please hit the subscribe button and then the notification bell next to that so you're notified when i upload new videos and then head on over to patreon.com forward slash d samarian and pledge at any level like everybody here on the screen already has including dr j redacted and sinjiriki who both pledged at a hundred dollars and morgan who has pledged at forty dollars and there's going to be a link in the description uh to a podcast that i did with the forlorn founder guys who are a group of well a pair of people who do live action scp content from time to time uh but they also have a we we they it's complicated we they have a podcast that we do from time to time it's not super like frequent but every once in a while we do it and i did one with uh with them for just basically based around me talk about all sorts of stuff head on over there there'll be a link in the description and thank you for letting me know that i'm not alone out here i will see you all again on thursday