00:02:48.280with some, like, government topic, even though it's very important. I feel that you have really
00:02:52.140threaded the needle on social media of how you do that. Honored, first of all. We'll be clipping
00:02:58.440that and sending that to anyone I ever pitch for funding in the near and distant future all at the
00:03:03.820same time. But yeah, it's an interesting way of looking at politics or trying to really essentially
00:03:10.980get it in front of new eyes. And we've learned anything from the last number of years is that
00:03:16.780the old formula isn't working. And what I really, you know, try and do, whether it's on Insta or
00:03:22.980TikTok or YouTube shorts, for God's sake, is figure out a way that it slips into people's
00:03:29.540day to day, their radars, what they're scrolling through anyways. So if that's an aesthetic outfit
00:03:35.700video that also happens to have three news stories on it in a way that's explained how we actually
00:03:42.180speak, then by all means, I'll keep doing it. Okay. Well, the first story I want to talk about,
00:03:46.920I think kind of fits in your wheelhouse. And that is this story about influencer vibe theft. So
00:03:53.960the question is sort of, can someone sue you for copying your vibe or aesthetic on social media?
00:04:01.160Did you hear about this story? I did. And so what was interesting is I heard just sort of
00:04:05.820the general overview and the people article. And I opened my phone maybe an hour before actually
00:04:11.180we hopped on here and the influencer that was suing was giving her spiel about like what
00:04:18.100actually went down and how she felt like the people article and also any other sources that
00:04:22.980covered it were like missing the beef of it the real you know the real core of what the lawsuit
00:04:29.800was which I found so interesting and does also show sort of that angle like how sometimes things
00:04:34.880can get lost in the social media sauce, aka where's nuance. Miss her. Nuance is MIA.
00:04:41.040So in her TikTok, she says that this is so much more than her trying to copyright a beige aesthetic
00:04:47.060and that the media is sort of failing to tell this story accurately because they're focusing
00:04:51.460on the most ridiculous parts of her suit, the beige aesthetic part of it, and ignoring the0.76
00:04:56.880more interesting meaty aspects of it. I believe her intention was to look so similar to me and
00:05:02.180copy my post so similarly that she could profit off my business. A lot of articles are claiming
00:05:08.320I'm suing over a beige aesthetic. I have never claimed to own beige and I'm not suing anyone
00:05:14.120over a color or a trend. The story the media is telling is missing so many details and the way
00:05:18.760that they're spinning it to make it seem like it's all about an aesthetic to create drama is
00:05:23.680misrepresenting the importance of this case. So the meat of what's happening here is that it's a
00:05:28.300lawsuit where one influencer is not just saying that somebody else is mimicking her aesthetic,
00:05:32.920which is this beige neutral vibe, but going so much further to mimic many aspects about her
00:05:38.800business as an influencer that she argues is being done intentionally to create brand confusion
00:05:44.020and siphon from her business as an influencer and content creator. So while you might have heard of
00:05:48.760this lawsuit as, oh, this influencer thinks she owns the color beige, and yeah, that part of it
00:05:54.380might be kind of funny. The issue is so much deeper than that. It goes to, can someone essentially
00:05:59.740steal the entire look and feel of someone else's business, even if that business relies on visual
00:06:05.760aspects or visual aesthetics that may not traditionally be able to be copyrighted as
00:06:10.660somebody else's intellectual property? You know, the way that somebody wears their hair or a
00:06:14.620specific tattoo or a specific manicure or a specific pose in photos. So I looked both of
00:06:19.720these influencers up and it is uncanny like it goes so much further than just a beige look
00:06:26.140here's what went down influencer sydney nicole gifford did a joint photo shoot with 2023 with
00:06:31.780another influencer named alissa shiel after this shoot giffords claims that shiel started copying
00:06:37.460her sort of minimal beige aesthetic and specific poses in her content but it's not just about the
00:06:43.860specific pose, because when she would do that, you know, well-worn influencer pose where you
00:06:49.460have the phone in front of your face in a mirror, like obscuring your face, the two are essentially
00:06:54.640identical. Like it is very difficult to tell one influencer from the other. Like she's not wrong.
00:07:00.700It is uncanny. And if you're making money from your look as an influencer and somebody else
00:07:05.340comes in and starts doing that exact same thing to maybe create a little bit of brand confusion,
00:07:09.280I get it. Then S.H.I.E.L.D. blocked her on Instagram and TikTok. So Gifford sent a cease and desist, and those cease and desists were ignored. So Gifford filed a first-of-its-kind federal lawsuit in 2024 alleging copyright infringement, trade dress misappropriation, and unfair competition.
00:07:28.160So like you, Sammy, I don't think of this as like a frivolous lawsuit.
00:07:33.820Like I was like, oh, this is deeply interesting because as we know, influencers and content
00:07:39.760creators are a big part of the lifeblood of like e-commerce.
00:07:43.420And so it's like how brands like Amazon become very economically successful.
00:07:47.180So we're not talking about just like, oh, she stole my look.
00:07:50.360What she's arguing about is like a very specific kind of copyright and IP dispute.
00:07:55.940And so it raised the question of, can somebody sue somebody for allegedly stealing their intellectual property on social media?
00:08:05.300Which, again, I just find super interesting.
00:08:08.100According to the fashion law site, Giffords, who commands over half a million followers across platforms like Instagram, TikTok, and Amazon Storefront,
00:08:15.040alleges that S.H.I.E.L.D. systematically replicated her content and online persona to mislead followers and unfairly compete in the influencer marketing space.0.90
00:08:24.760Central to Gifford's suit were her claims that she'll copied her copyright-protected1.00
00:08:28.240images, mimicked her appearance down to specific physical traits such as a flower tattoo, and0.99
00:08:33.320appropriated the distinctive visual and stylistic elements associated with her brand.
00:08:37.720So something I do find interesting about this is I just, I mean, I'm no attorney, but visually
00:08:44.820when I look at both women's content, there is definitely a lot of aesthetic overlap happening.
00:08:50.340one of the women just recently had a child and I'm like oh well luckily that is one way to make
00:08:55.240like I was like okay well that is a distinction because they're so otherwise they're so similar
00:08:59.940and it makes me wonder like in the age of Instagram is can anybody claim to sort of be
00:09:08.220unique or distinct when so much of what gets popular on Instagram because of algorithms
00:09:13.600is things that seem like copies of each other right like all of the influencers use this
00:09:18.620specific pose they're all they have a specific manicure a specific look if if both of these
00:09:23.420women are sort of shilling for amazon's amazon clothing like it's not surprising that they might0.94
00:09:29.100have some overlap but the case actually was essentially dropped with the influencer the one
00:09:35.420accused of doing the copying having to pay nothing so it seems like that case might have answered
00:09:40.280that question of like can you copyright an aesthetic i'm not an attorney but it seems like
00:09:44.160from this lawsuit, the answer is perhaps no. Yeah, I think it's super interesting. And what
00:09:50.040the girl that was suing said in her TikTok was that she had to drop the case because it was1.00
00:09:56.640getting incredibly expensive. So had she had the funds, there may have been a continued pursuit,0.97
00:10:03.420at least on some frame here, which I find interesting in and of itself. And I do think
00:10:08.940that in the creator sphere too money money gets in the way right we think about how many people
00:10:14.600would actually sue if they had the money to do so in terms of somebody copying them we see it with
00:10:20.480small brands all the time with big brands we have i don't know if you saw this but there is um in the
00:10:27.160city this vintage brand called kissing cowboys and it's run by also like an influencer one of
00:10:33.420those people that's just like at the cross-section of many things and brandy melville allegedly
00:10:38.500copied her logo, which she went on to say that is not just like a Canva logo or something like
00:10:45.500that. Her and her sister handmade the logo. And the brand has copied and pasted the exact logo
00:10:52.280onto a t-shirt that they have. God knows how many skews of that they're selling in their stores.
00:10:57.560And so you have a small creator that has a small brand that doesn't have the funds most likely to
00:11:04.000soon pursue this. So I think like that also is particularly interesting to me, because if creators
00:11:11.020had more monetary means and same with small brands, where would that really lie? Like what
00:11:17.220would the decision process actually look like for that? It just leaves me with more questions. But I
00:11:24.780do think in this particular case, the thing that gave me the ooh, that's a little creepy, and maybe
00:11:29.500it's almost like a different angle is seeing the matching tattoos, the blocking, almost the
00:11:34.760intentionality of it, because you also go into that other frame, right? Like if you are an
00:11:39.120influencer, you expect people to copy you, right? That's part of the job is to push people to do
00:11:45.840things that you're doing or to lead them to an idea to consider it. So where does that start?
00:11:52.100And where does that end? I think there definitely is some gray area when the person is starting to
00:11:56.820get exactly the same body art and copying things at the same timetable yes uh that's where i'm like
00:12:03.600she alleges that she got she has a very distinctive flower tattoo on her arm and she says that this
00:12:09.240influencer who was copying her got the same distinctive tattoo like first of all that is
00:12:14.900commitment to the bit that is you were really committing to copying this woman but it is uncanny
00:12:20.140and the fact that they're both specifically amazon influencers they both do the amazon
00:12:24.920storefront, you know, hashtag Amazon finds, she basically is arguing that she is intentionally
00:12:30.380trying to confuse what would be their audience market into associating the two, which I think
00:12:36.500is a very good point. So reflecting on this, Professor of Law and Media, Faculty Director
00:12:41.800of the Center for Law, Information, and Creativity, Alexandra Roberts, wrote,
00:12:45.540Surprising or not, deeming any of the Giffords claims plausible for creators posting similar
00:12:49.780content has serious implications, thanks to the fact that influencer marketing has become
00:12:53.780increasingly central to commerce and social media content, more broadly, is built on trends and
00:12:58.660serve to users via algorithms, which are quick to push content related to what users click and or
00:13:03.320linger on in their feeds. Roberts asserts that intellectual property law has not traditionally
00:13:08.300protected the way somebody styles their hair, makes up their face, or decorates their home,
00:13:12.700whether or not those choices are photographed and shared. And I do think it's sort of, I mean,
00:13:17.520had this case, had the influencer who was making these allegations been able to have
00:13:23.360the funds to see this case through it could have been very different but had it been you know had
00:13:27.960it gone differently this could have potentially like set an entire new precedent when it comes
00:13:32.640to ip online which i just find fascinating totally which i do think could be troubling
00:13:37.680for the larger creator industry because sometimes you don't understand that like you used xyz sound
00:13:44.700and it came from this person and they created a trend off of it like what where's the origin
00:13:49.360It's really hard to trace that origin of a trend, you know, a concept or whatnot.
00:16:08.420and anyone who thinks Pride and Prejudice
00:16:10.300and Love Island deserve the same level of discourse.
00:16:13.320I'm Eli Rallo, and every week we're connecting the dots between books, the internet, and the conversations everyone can't stop having.
00:16:20.440I'm going to have to look up this story. I'm obsessed. I'm obsessed.
00:16:24.000From best-selling authors and your favorite book talk creators to the latest pop culture moments, nothing is off the table.
00:16:29.960It's like if you can hide some real messages inside compelling characters, then that is a Trojan horse.
00:16:37.440Whether you're looking for literary deep dives, smart pop culture conversations, or a community of readers who love to think a little too much, you're in the right place.
00:16:47.060Listen to Pro Society on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.
00:17:01.900okay so i have to talk about this story with real page really quickly i will say right up right off
00:17:11.360the top it doesn't really fit with the content that we usually do but real page is my personal
00:17:16.420like i think of them as my personal enemy so any time that i get an opportunity to talk shit about
00:17:22.160them i will take it so indulge me so on the episode last week we were talking about this0.96
00:17:27.920provision buried in Donald Trump's big, beautiful budget bill that would ban states from enforcing
00:17:34.080laws on AI for 10 years. Did you hear about this? Oh, yeah. Yeah. States' rights. Oh,
00:17:42.520what happened to those? Yeah, exactly. Missing them again. Like, okay. Exactly. So one of the
00:17:48.360kind of real world examples of how this might impact people that I talked about when we talked
00:17:52.400about that bill was how scumbag landlords are able to use technology like RealPage that allow
00:17:58.280landlords in a whole area to work together, to coordinate, to essentially algorithmically0.89
00:18:03.640determine how much they can raise your rents, right? So the government has called this price
00:18:08.420fixing, which I happen to agree. So these are scumbags who make scumbag technology for scumbag1.00
00:18:14.580landlords. And as a lifelong renter, these people are my biggest ops. I cannot stand this. I think1.00
00:18:19.480this technology is ruining cities, I hate it. In 2022, a report from Republica linked RealPage
00:18:25.120to rising rent prices across the United States, alleging that its algorithm allows landlords to
00:18:29.800coordinate pricing. And the Department of Justice in eight states sued RealPage last year, claiming
00:18:34.840that it deprives renters, like me, of the benefits of competition on apartment leasing terms.
00:18:40.320So cities like Minneapolis, Jersey City, San Francisco, Philadelphia, and others have passed
00:18:45.460laws that are meant to ban the use of this kind of algorithmic, AI-based rent-setting software.
00:18:51.120And other states have legislation like this in the works. But if this budget bill passes,
00:18:56.300that means that states can no longer enforce those kinds of laws, which would be a real win
00:19:00.760for scumbag landlords and the company that makes this rent-raising technology, RealPage.
00:19:06.760So now senators are basically asking, did RealPage pay to get that provision buried in the budget0.95
00:19:13.800bill. This week, lawmakers say that they believe RealPage might have spent millions of dollars
00:19:18.140pushing for this provision. In a letter that they sent to RealPage's CEO, five Democratic senators,
00:19:23.640Warren, Sanders, Klobuchar, Booker, and Smith, are asking for more information about RealPage's
00:19:29.200potential involvement. The letter reads, in light of this, we seek information on RealPage's lobbying
00:19:34.500efforts and how the Republicans' reconciliation provision would help the bottom line of RealPage
00:19:39.260and other large corporations, allowing them to take advantage of consumers. So I just have to
00:19:44.040shout that out. First of all, just the feeling of reading senators doing something that I feel like
00:19:52.060does have a real impact on the lives of constituents. It's just nice to be like,
00:19:56.720oh yeah, governing. Somebody's out there doing it. For sure. No, literally, especially in these
00:20:03.800chaotic times it sort of is like is anyone doing anything I think is often how people feel um
00:20:10.360sometimes there's the feeling versus the reality you know did somebody actually go and go to gov
00:20:15.460track and see what bills were introduced right there's always sort of like that mixture of things
00:20:19.100but I think for me when I think about this I'm excited to see that they're actually looking at
00:20:24.040a tech piece of something right like I think that we understandably look at congress at large and go0.78
00:20:32.280oh my gosh these old dudes that have no idea how to even open Instagram unless like some assistant
00:20:38.120helps them you know how could they ever understand AI and its possible implications and everything
00:20:44.660else under that sun so I think to even see that they're reacting I mean I'm not surprised that
00:20:48.960Elizabeth Warren was reacting given um sort of her expertise but elsewise and I hope that it
00:20:54.980continues to expand because AI, honestly, it freaks me the fuck out. I really, really am not
00:21:04.400a fan. I know it's integrated into so many things that we do, even the things that we don't even
00:21:08.600realize, but I just don't like it. I don't think it's a thing for good. Oftentimes, I really think,
00:21:15.020especially given the hands that it's coming out of, that it's a thing for bad and that if we are
00:21:19.500going to have it that it needs guardrails. And the fact that this bill would get rid of those
00:21:24.960guardrails, right? And make it, I mean, if thinking about like how much AI has come into
00:21:31.420our lives in like literally the last year and a half, how much it's taken over the conversation.
00:21:35.900I mean, a year and a half ago, I wouldn't even imagine that we were talking about AI as much
00:21:40.060as we are. So think about what that looks like on an accelerated pace for 10 years.
00:21:44.880Right. And I mean, I think it comes down to like, do people want a world where the not just the rent in your building, but the rent in your entire city goes up? So the CEO of RealPages scumbag AI price fixing tool can make more money. Is that a better world for you? Probably you and me? Probably not. Definitely a better world for the CEO of this technology company who is making money from it and profiting from it.
00:22:13.080But yeah, I would just argue like, I can't, I mean, I could talk all day. The fact that this provision would so clearly benefit the owners of this tech company and harm just regular people trying to make rent, you and me, renters, like people who, you know, just regular folks, I think is pretty clear.
00:22:33.180And so, yeah, I'm with you. I think when you think about the values of the people who make technology like this, I tend to think it's not going to be technology that makes our lives better. I think it's really poised to exploit.
00:22:47.640And certainly this budget bill is not the way to solve any of those potential problems. We look at this budget bill, too, and how it's going to increase the deficit astronomically over the next 10 years. So you pair that with crashing, essentially, in a long ways, the economy by knocking out the biggest, you know, entry level segment for white collar jobs. What like, what are we doing?
00:23:14.680Yeah, it's not good. And I have to say like another story that I was reading this week that kind of speaks to the ways that advancements of technology like AI really are hurting us and particularly the most marginalized among us. This story that this came out from 404 Media, like shout out to them for being on this. We use their reporting on the show all the time because they are experts over there.
00:23:36.720So the vast network of surveillance that we have in this country, like license plate reader surveillance tools, well, all of that is being used to track people who are suspected of getting abortions.
00:23:47.140This is not shocking. Like it's what abortion advocates and like tech privacy advocates have been warning is going to happen. And it's happening.
00:23:54.080So 404 Media found that authorities in Texas performed a nationwide search of over 83,000 automatic license plate reader cameras while looking for a woman that they said had self-administered an abortion.
00:24:06.720including looking at cameras in states where abortion is legal, such as Illinois and Washington.
00:24:12.460So this technology, this license plate reader camera technology, is made by a company called
00:24:17.760Flock, and it is usually marketed as being able to track and stop carjackings or find missing people,
00:24:23.580but it can also be used to surveil people suspected of getting abortion care across state lines.
00:24:28.340So the Texas sheriff in this case says, oh, we were not trying to surveil her for having gotten
00:24:35.420an abortion, on May 9th, an officer from the Johnson County Sheriff's Office in Texas
00:24:39.260searched flop cameras and gave the reason for why he was searching these cameras as,
00:24:45.420quote, had an abortion, search for female, according to multiple sets of data.
00:24:49.620So whenever officers are searching flop cameras, they're required to provide a reason for doing
00:24:54.400so. And so they don't need a court order or a warrant, but that was the reason that he stated
00:24:58.500that female had an abortion. So he claims that the only reason he did this is because,
00:25:04.680oh, the woman's family had contacted us and that they were worried. He says,
00:25:08.760her family was worried that she was going to bleed to death. And we were trying to find her
00:25:12.140to get her to a hospital. We weren't trying to block her from leaving the state or whatever
00:25:15.700to get an abortion. It was absolutely about her safety. So I got my start in abortion advocacy.
00:25:21.340So it's something I know quite a bit about. I have a lot of questions about this because
00:25:24.520when you're talking about like a self-managed abortion, typically you're talking about a
00:25:28.100pill-based abortion, which is incredibly safe. While some bleeding is common, the risk of
00:25:33.160complications and death is very, very low. And so I'm curious why they would think that this woman
00:25:40.100was at risk of bleeding to death from having what I assume is a pill-based abortion. And even if
00:25:45.960they were worried about her safety, that doesn't mean she can't be criminalized for it. 404 Media
00:25:50.520spoke to Elizabeth Ling, senior counsel for If, When, How, a reproductive rights group that runs
00:25:55.060a reproductive legal rights hotline, who pointed out that many of the criminal cases that they have
00:25:59.440scene of people being criminalized for trying to get an abortion originate after somebody close to
00:26:04.100that person reports it to the police. They say that a research report published by the group
00:26:08.260found that about a quarter of adult cases were reported to law enforcement by acquaintances
00:26:12.800entrusted with information like friends, parents, or intimate partners. So even if they were like,
00:26:18.600oh, we were just worried about her, that is not a situation that would protect her from being
00:26:22.860criminalized, especially in a state like Texas, where abortion is essentially, in most cases,
00:26:28.140criminalized already a thousand percent and i just i also just question the way it's presented
00:26:35.100right that the family's first reaction would be to call the cops right help i i can't think of a
00:26:42.620situation where if i thought somebody was in need of medical care that my first call would be to the
00:26:49.580cops right when i know when i know that i'm in texas a place where that call could potentially
00:26:55.780whined with her behind bars totally also like to give like a slight benefit of the doubt i do think
00:27:01.960that there are so many people in this country in every state that have no idea what's going on
00:27:08.060with abortion laws this has not crossed their desk like i know it seems like one of those things
00:27:12.400like how could it not have but i as we've seen with also other cases too people are really really
00:27:20.680unaware until oftentimes they are in a situation either miscarrying trying to get their own care
00:27:26.240whatever it may be that they are realizing oh shoot like this is not what I realized our reality was
00:27:33.680so like yes I could understand a family not understanding that they are actually putting
00:27:39.380their family member in legal jeopardy but I still just find that being their first call
00:27:47.380a little strange not like the emts you know or not going after trying to find your relative
00:27:56.620yourself it just seems strange it's not the behavior that i would think most people would
00:28:02.460have perhaps i'm in the minority on that but i just find it odd um and i i find it worrying too
00:28:11.000that this is what we're using this tech for which is yeah again all all the worries are back it's
00:28:17.060like, if we're going to have certain technology available, we need to be very specific on how
00:28:21.740we're using that. And there needs to be guidelines, laws, regulations on how that is actually able to
00:28:27.980be used. The organization Privacy International actually just came out with a new report
00:28:32.420looking at how much very sensitive data that apps like period trackers are collecting and sharing
00:28:37.720and how that data can be potentially dangerous in a landscape where abortion is increasingly
00:28:42.840criminalized. So the news is kind of mixed in that their report showed that apps have gotten
00:28:48.100better with their privacy policies, but the landscape has actually gotten worse. And so
00:28:52.860the bar needs to be higher when it comes to privacy. To your point about this is what we're
00:28:57.760using this technology for, I think that technology and AI makes things that were not uncommon in the
00:29:05.640abortion fight just much easier to scale. Like back in the day, you know, I was doing abortion
00:29:11.360advocacy work for a really long time. Back in the day, it used to be that anti-abortion advocates
00:29:15.640would like stand in parking lots and manually write down the license plates of people who
00:29:20.700drove into clinics. And then they were incredibly well-coordinated. And I can tell you from like
00:29:24.700personal experience that they, essentially it felt like the police were on their side, right?
00:29:29.580And so like, that was just from my experience. It's like they, they would, they were these people
00:29:34.160who were like incredibly dedicated to, to busying themselves at the business of others. And it took
00:29:40.240a lot of work and coordination and like in real life, you know, coming out to stand outside of
00:29:45.120clinics and things like that. But now companies like Block are selling the ability to do that at
00:29:50.160scale, maybe without even having to like leave your home with this technology. And it's an
00:29:55.540incredibly terrifying harbinger of how technology will be used to like further surveil and
00:30:01.560criminalize both the people who need abortions and the people who help them, like people who,
00:30:05.860you know, in Texas, I believe it's even criminalized to like support or help somebody
00:30:10.680who was looking for an abortion, right? And so it's just a really scary vision of where we might
00:30:16.220be heading when it comes to the use of this technology to further criminalize people from
00:30:20.400getting abortions. Totally. Yeah, I don't think we're headed in a great spot. And I will be
00:30:25.980curious to see if any blue states react legislatively on anything like this. I haven't
00:30:33.040seen anything across my desk so far. But I'd be curious to see if anything in terms of data
00:30:41.380sharing sort of pops up in the next few months for anyone that's continuing to be in session