this is a 3D Benji and it's the most popular 3D printed object ever designed it's cute it's useful and since it was released about a decade ago it's inspired thousands of creative silly remixes that someone is erasing from existence printable. com the world's second largest model hosting site is silently purging every modified Beni they host without giving The Talented hobbyists who made those models any chance to fight back the beni's rights along with its creator recently sold to a Danish conglomerate called the Niti group and when a user named maker Joe demanded the printables justify deleting his glitched Benji a company rep insisted printablees hands were tied it's a classic case of a hulking Mega Corp abusing their copyrights to curb stomp the little guy for another dime of profit except it's not nobody reported the story correctly the new copyright owner intent on protecting their IP the license is now belatedly being enforced taken down by dcma this was not a dmca takedown this has not nothing to do with copyright in fact I'm almost sure the Beni isn't eligible to be copyrighted in the first place but the most bizarre twist is as far as I know no one has ever sent a lawyer to take down a Beni allegedly Niti group didn't even know this was happening like a Beni plunging beneath the bubble bath because they do everything except float we're going to dive to the darkest depths of property law to reveal Insidious issues that rarely see the light of day but threaten to capsize the entire field of amateur 3D printing ladies Gent gentleman in cyborgs I'm Zack fredman and this is voidstar lab which is not a law firm it is one guy on YouTube who excretes baseless conjecture and lat Speckles it with shoddy research if you want a trustworthy fact-based legal analysis find another Channel but if nautical nonsense is something you wish then pull up a chair and let's solve this welcome to the bench files there is a non-zero chance the Bourgeois will try and Sue this video 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boats if you've seen a 3D printer you've probably seen a 3D Beni so I will keep the intro quick the Beni is a little printable Tugboat with cartoonish proportions and as its name suggests it is a technical Benchmark if you need to test out a printer calibrate a setting dial in a new filament or a few hundred filaments some part of the Beni probably provides the data you need it isn't just a waste of polymer it is a comprehensive stress test test of the whole printing process from file to finish product every aspect of the Beni is intentionally difficult to print but easy to measure and since it takes less than an hour and barely 10 G of filament and it's really cute this little marine Vessel rapidly became the de facto laurum ipsum of 3D printing it is so ubiquitous Pria slicer has it built right in and bamboo Labs printers ship as it were with a Beni pre-loaded and ready to print there's even a speedrun as of January 2025 the current #p speedboat race r record is 1 minute and 53 seconds it looks like dog like most printable models the Beni is distributed for free as an STL file you load this file into a program called a slicer which converts it into commands that the printer follows to deposit raw material and produce a physical chachka the laws at play and by that I mean like legal laws not like laws of physics they only care about the beni's file not the print that file produces so when you see me handling plastic boats just be aware they're for illustrative purposes only it's just more fun to look at a physical Wing doodle than a boring screenshot the 3D Beni was originally created by two Swedish guys Paulo Keefe and Daniel n at the time they were working for a company called creative tools which sold serviced and specialized in 3D design software it was 2014 and they were printing a lot of frogs specifically Marina peas tree frog printers have a hard time rendering sloped surfaces so the frogs belly and back make a particularly brutal torture test Paulo and Daniel realized they were wasting time and film me printing the rest of the Frog so they decided to isolate the hard Parts but then in a phenomenon rarely witnessed in the 3D printing Community they got carried away some holes here some pillars there some tricky tubes funky curves awkward slopes cutesy cutouts let's just say Daniel was still modeling when Paulo picked the name which is why it's called a 3D Beni and not a 3D bod in April 2015 almost a decade before this video creative tools posted their work to the file sharing site thingiverse and to their surprise their adorable iCal stress test almost immediately became the single most popular item on the entire website then proceeded to become the single most popular object in printing I cannot stress how insanely popular this model is like I would bet almost every printer that has printed anything has printed at least one Beni with popularity comes mimetic energy and silly Beni parodies are among the printing world's most beloved inside jokes from intricate OB jart like JD Max ghost ship to goofy gags like Lee Sherm's Flex Beni to actually useful stuff like pandium Beni bookend this silly boat has inspired about 5,000 derivative models my channel alone has featured nearly 100 modded Benes screwed chopped buffed fluffed rocked racked wrecked planed trained and automobil this one has a hat building off other people's models is the Bedrock of the 3D printing Community which is why so many makers are surprised to hear the license of the most popular model explicitly forbids modifications most printable files have a non-commercial license you can do whatever you want with the STL file as long as you give it away for free but creative tools release the benie files under Creative Commons 4.
0 attribution no derivatives this license grants you the rights to share or even sell the files as long as you agree not to change anything in an interview with all3dp tocom Paulo explained we chose the no derivatives option to make sure the SE version of 3D Beni is used when people compare 3D printers materials and settings the keyword here is consistency throughout its whole history they have maintained absolute conviction that if others can change it they'll debase its value as a benchmark they held fast even as their work past 2 million downloads even as it became literally iconic and even as their employer creative tools was bought out by NTI a Danish Enterprise it firm that earned about € 247 million euro in 2024 to my knowledge every single modified Beni ever released was done in blatant Defiance of its Creator's explicit conditions and sure enough a huge number of transmogrified tugboats I've trotted out in past videos have been redacted from the web some of the STL files in my downloads folder could be the only printable copies on Earth the beni's unusually hostile license has been a very well-known powder cake since its Inception and to be totally honest I am kind of surprised it took this long for someone to stub a cigarette on it said stubber was maker Joe who allegedly watched printables unceremoniously belete a number of his silly and a little bit spicy remixed Benes after printable sent his glitched out Beni to the shadow realm maker Joe questioned their actions an alleged prer research rep tried to pacify him with Bland corporate boiler plates saying the company had to respect the license and were actually removing all Benji remixes not just his The Exchange left Joe so Furious he pasted the screenshot to the 3D printing subreddit along with I would say a little too much editorializing but this was the cause the community was waiting for thousands of nerds presumably seething over greedy corporate IP trolls had finally found an opening to vent their high pressure impotent rage this is where Tech media picked up the story threw it out the window and in my opinion fabricated a bunch of nine-digit Mega Corp declares apocalyptic War are in the world's most beloved 3D model mobilizing an army of Ruthless corporate lawyers to bury the hard work of innocent amateurs beneath a deluge of dmca takedowns oh the humanity the way this was reported was completely detached from reality DC ma independent Outlets I usually respect like hackaday Tom's Hardware and fellow YouTubers heard the words big company takedown and 3D printing and their desperate haste for first mover clicks apparently made up the rest this does not seem to have anything to do with copyright in fact there's a decent chance it can't have anything to do with copyright I understand that people are pissed about copyright abuse but to my understanding Beni gate isn't even in the same branch of law as copyright when it comes to websites some fairly recent legislation lays out a very specific structure for how rights holders like Niti content hosts like principles and users like maker Joe I mean I I wrote interact but supposed to fight each other you know this process as a dmca takedown but here in the land of cheese Kurds and mobility scooters it's more accurate to say they're following the online copyright infringement liability limitation Act this is a US federal law that creates a conditional Safe Harbor for online service providers and I ripped that sentence directly off Wikipedia cuz I just couldn't phrase it any better if a website agrees to follow a very specific protocol when asked to remove a piece of allegedly infringing media they cannot be sued for hosting it to any site that allows user generated content maintaining Safe Harbor status is a matter of life and death and they will do flaming backflips to avoid printablees terms of service clearly require users to follow check law objection the gmca contains the American implementation of the world intellectual property organiz ation copyright treaty the same agreement that shape the European Union copyright directive the takedown process in America and the EU are therefore almost identical yes that is that is basically true most of my audience is American gigachad so I'm going to continue saying dmca and other American terms but the rest of you betas can mentally substitute whatever your tinpot Backwater decided to name your whiteo implementation I am curious about how the specifics vary country to Country so please let me know how things fly in your neck of the woods or the middle of the ocean if you're the single permanent resident of the principality of Sealand I know you're watching Prince Michael you better join my patreon I know where you live the takedown process begins when the owner of a copyright notifies a website that a specific piece of content infringes their rights this is not as easy as clicking report and selecting something on a dropdown they have to prove their authorized by the rights holder they have to provide real world contact information and they have to assert that they're fairly sure the material actually is infringing among a bunch of other facts this is all a sworn Declaration on penalty of perjury and while I don't believe anyone has actually been convicted for filing a felony copyright strike you have to be a seriously ballsy troll to gamble with 5 years in prison the host reviews the claim and if it seems legit they're obligated to quickly take down the material but this isn't the end they also must notify the uploader by sending them what we call a dmca notice or a copyright strike this is not optional if they don't notify users of takedowns or provide them enough information to sue the filer they lose their Safe Harbor status the point is content hosts like printables really do not want to go off script and as far as I know maker Joe did not receive a dmca or eucd notice it's safe to assume printables is not deleting Benes due to copyright claims going after Benes in particular would be extra dangerous for one the modified Benes could well be considered works of parody and that could be a strong defense against al almost said alligators alligators of copyright infringement but more interestingly the Beni may not even be eligible for copyright in the first place this is a bit of a moot point cuz I don't think Beni gate is a matter of copyright but the idea that the Beni and by extension many other 3D models may not have enforceable copyrights in the first place is extremely fing interesting and uh Brooke really wanted me to keep this part in so this one is for you my love she went like this of all the ways to defend your intellectual property copyright is by far the longest lasting and the most powerful that's why it has a very narrow definition here in Eagle land a copyright protects a creative work fixed in a tangible medium nothing else don't be misled by the word tangible the law classifies the beni's STL file as either code or a data set and both do count no I'm challenging the first part I don't believe the Beni is a creative work in fact I don't believe a court would think the Beni is a creative work in fact I think the beni's creators went Above and Beyond in obliterating any possibility of a court calling it a creative work creativity is a wishy-washy con concept but its definition is not really important what matters here is when it comes to a useful object copyright does not protect any elements that give it its function that would be the domain of patents the US copyright office uses a fancy chair as an example the design curved on its back could get a copyright but the rest of the chair needs a design patent saw off the seat the back or a leg even if they're really cleverly designed or they look really cool if it's not a chair it's not part of the copyright when it comes to the Beni well it doesn't come to the Bene I'm only shooting this rant because Paulo and Daniel were so adamant that changing literally any part would void the beni's use as a technical comparison tool they picked a license that explicitly forbade doing so they made it unambiguously clear every single triangle of the Benji's STL file is necessary to fulfill its purpose that's kind of lame so let's ignore that and do this the hard way disentangling Form and Function can be tricky cuz it's not like the designers publish a pamphlet explaining the exact reasons they designed in every detail except for this time in a PDF brochure once hosted on 3D ben. com the creators themselves introduce their anonomous dinghy as such #3d Beni is a 3D model specifically designed to offer a large array of challenging geometrical features for 3D printers not creative edification for humans not self-expression for them geometrical details for printers the brochure also estimates that the Beni should take well under 2 hours to print which is just precious so let's use their own brochure to deconstruct the Beni like we disassembled that chair they're actually is a Beni with a chair on it but let's tell our intrusive thoughts to stay on track there is a Beni that's also a train I'm sure there's a pill I should have taken starting at the top the chimney's concentric cylinders test the printer's ability to render roundness its dimensions are all whole numbers of millimeters so you can verify all three axes in one place the chimney shaft extends the beni's height to a nice round 48 m M perfect for calibrating the z-axis the roof is sloped at a shallow angle to deliberately reveal each layer the gun whale that's the Rim part does the same thing just with a more variable organic shape the roofs for and a surfaces are exactly 23 mm apart forming our main calibration reference for the x-axis the bridge is actually five tests the roof and front window test Bridging the printer's ability to stretch filament over thin air the rear port hole reveals if the z-axis is trammed correctly all of these are also dimensional test with nice round numbers there's even a tiny little ships wheel in there explicitly to challenge your materials ability to render inner geometry I was ready to consider that creative but no this is one of the tests and I actually have a bunch of enes that failed it moving to the deck we have the hos pipes that's what the little front holes are called Sailors got weird names for everything these verify dimensional accuracy against organic surfaces and reveal problems with ghosting if the pruner is wobbly a shadowy streak will appear next to OST and debost details on the F deck we've got the box thing and it's a full Suite of reference dimensions for inner and outer surfaces it also happens to satisfyingly fit the Smoke Stack so if two Benes are both accurate you can interlock them like a yin-yang of Yachts some Sara of Schooners a tamoy of tugboats however there's no evidence that this was intentional you can only copyright things deliberately designed by humans sorry Naruto the ape and self-published AI slop Farmers you must be this ient to copyright the copy roller coaster for stern be a tiny little slanted tube explicitly meant to hold a tiny fishing rod barely any printers can actually print that fishing rod so I would throw creative tools of bone and say it's aesthetic but their own brochures features page specifically highlights this as a very small slightly slanted blind hole swinging back to the bow CT's Own Story claims they started here and built the rest around it so not only is this part for function that function is kind of the only reason the Beni is a boat in the first place meanwhile on the stern is the actual hardest thing to print so hard you may not even know it's there a little name plate on the stern reads simply #3d Beni the brochure implies these nearly unprintable 100 Micron letters are meant for higher resolution printers which could mean resin but resin printers weren't that popular back then the point is the name plate is functional finally on the bottom we see some text reading c3d doxyz that's creative tools 3d. exes the designer employer former former former website this currently redirects to Niti but hasn't been changed on the bottom of the Beni because it's also a test this one is for first layer smushing AKA elephants foot there is one more detail and it's not mentioned anywhere in the brochure it is a tiny cylindrical void sunk horizontally into the very bottom of the stern bestowing the Beni with what can only be described as a boat butthole no one ever mentions the boat hole including the Creator's own brochure so let let's call this orifice a creativity so out of the entire 3D Beni the only detail that I think can be unambiguously considered creative is its puckered boat hole as far as I know everything else was explicitly designed to serve a function and if the Gestalt ends up looking creative it is likely pure coincidence now this argument flies a lot better in the US than it does in the Czech Republic where Pria is based the Czech Republic has particularly permissive copyright laws even among EU member states and I believe they're much more willing to Grant creative protection to a functional object I believe they also ignore stated authorial intent instead they look for signs of personal expression with which the Beni certainly drips it drips I'm not sure the functional argument would fly in pria's home turf but I did run it by a real American copyright attorney and I was told it could be a strong argument here in Colorado but this is all been a tangent the alleged creators whose alleged work prer research allegedly deleted did not allegedly get copyright takedown notices allegedly so every alleged article allegedly ping about Niti allegedly invoking the alleged dmca is so far off based it's pH is negative yes pH can go negative allegedly do copyrights get abused constantly dmca claims wielded by Liars with no claim to the IP are frequently and fraudulently strangle obvious permitted uses of works that only the most neoliberal brainwashed judge would consider creative this is none of that in fact this isn't even an intellectual property issue the Ben files is a matter of contract law do you remember that Creative Commons license well you agreed to follow it when you downloaded the benchy you might not have signed any paperwork and you might not have typed I agree but thingaverse does not let you click download without scrolling past the licensing info and a court will likely consider that equivalent to a written contract if you upload a remix Beni you have broken your into the deal no ifs ands or boat holes so every single one of these whack ass modded Benes save the ones with specific written permission probably represents a breach of contract the contract holder once creative tools now Niti is absolutely within their rights to seek these creators out and demand satisfaction we are pansies who don't allow trial by combat so you're flagrant disregard for binding agreements instead exposes you to drum roll please basically nothing if you break a contract the consequences are limited to the stuff in the contract the other party can recover money you unfairly gained they can penalize you for money they unfairly lost they can make you pay their attorneys fees they can compel you to stop breaking the contract any further and they can revoke anything they gave you under the terms of the contract the first three are irrelevant the Beni is a free model that doesn't even advertise its creators anymore and trying to extract such a small amount of legal fees would cost them far more than they would get you know no money no damages we'll Circle back to that whole compel you to stop thing because under normal circumstances it isn't necessary normally the main consequence of violating a license agreement is that you lose the license the primary reason Creative Commons and similar so-called copy left licenses even exist is to let users argue against a copyright claim if I took a track licensed creative comments attribution and used it as background music in a video I could still get a copyright claim I would defend myself by showing them the license proving that I am permitted to use that copyrighted content if the music were instead licensed Cc noncommercial or CC no derivatives that license would be void I refus to hold up my end of the deal so I lost the license and the infringement is no longer permitted this is the usual Avenue of attack to enforce these kinds of licenses which makes the lack of copyright action in this particular case extra bizarre we have to fall back on the final mechanism simply breaking a contract lets the other party compel you to stop breaking it any further your Reckless bench posting lets NTI thr re you with a cease and toist letter and they can even compel you to take your stuff down by securing an injunction from a judge however this is nothing like a dmca takedown you can compel a service provider to take down a user's content due to copyright infringement but here in America if someone breaches your contract you can only Force the user to take it down themselves you can't make the platform do Jack sh you remember how a Content host can't be sued for its user's copyright infringement if it follows a certain procedure well where I live a Content host can't be sued for its user torous actions or breach of contract at all Zach from the future here I am going to be honest I completely forgot to record the scene the first time which is why my hair is so silly this almost absolute immunity is granted by section 230 of the communications Act of 1934 as long as an American website doesn't modify anything its users post it mostly can't be sued over it instead you can only sue the user directly section 230 doesn't doesn't protect obscene dangerous or specific types of illegal material for instance things that infringe copyright but otherwise section 230 is extremely permissive judges have only stripped it from websites like three times it's arguably why the modern internet exists at all without something like section 230 everything anyone would want to post a website would have to be manually approved before it's allowed to go public I could stuff the website of any American firm with terabytes of the most NDA breaking contra shredding blatantly deal screwing over licensed debasing constitutionally unprotected dra you could possibly imagine and as long as it isn't too dangerous too offensive or too owned by someone else there is dick all anyone can do to force that company to take it down and it's worth mentioning getting that injunction that forces you to take your stuff down is by design a real pain in the ass using the might of the state to destroy another person's work is like a micron away from stepping over the First Amendment so judges tend to be like judicious an injunction is a fullon legal proceeding and goes on the public record so I scraped every database I could for any mention of a Beni related injunction as far as I can tell over a full decade of bald-faced breaching of boat related bonds the beni's Creative Commons license has never once been used to take a model off an American Site technically to force a model off an American Site Zach from the future here I just want to clarify if NTI wanted a Beni gone the injunction would be the second stage the first would be attempting to scare them into deleting their work by sending a cease and assist since those are threats of legal action and not actually legal action they would never make it to the public record but they also aren't confidential sending a CN D is far more openly aggressive than whatever the hell maker Joe has found himself embroiled in it's literally a declaration of war if he got a CN D instead of whatever this is this new story would be zestier and much more specific the fact that no one spoken up supports niti's assertion that they aren't involved that said if you have ever got a Beni related cease and assist and you still have the letter please let me know ASAP because that will completely change the story now I'm not a lawyer so take the following statement with a grain of salt peria research is not in America this is where everything goes catastrophically wrong Europe's copyright regime is largely similar to America's but their other internet laws are not the European Union equivalent of section 230 is called the e-commerce directive and while it also grants websites broad immunity for their users content it comes with a requirement to delete any illegal content the company is aware of for instance by running a contest or by handpicking certain models feature on the homepage or to award prizes with material value simply for posting content the joke is printables does all of this these are like their selling points it's why you post things to printables instead of to you know all their competition so when some jackhole hit the report button and reminded prusia research that every single remix Beni represents a torous act it didn't matter whether they work for Niti it didn't matter if those contracts would or even could be enforced pusia no longer had plausible deniability so unless they showed good faith in wiping out all the illegal benches they would lose their Safe Harbor protection and become the targets of thousands of frivolous lawsuits Pia's hands are arguably tied but not by a corrupt copyright system not by a fian contract and C not by legal brow beating by a multi-millionaire megga Corp Persia is forced to delete their users content by their own decision to incorporate in the European Union and use their own website pbl put the handcuffs pbl this ladies gentlemen in cyborgs is why after 10 straight years of an entire Community mix rating into Paulo and Daniel's wrong license choosing ass Corn Flakes this sh storm finally descended on printables in particular thing ofers things my mini Factory you imagine GitHub pin shape none of the most popular 3D model hosts are based in the European Union fine Colts 3D is based in Cyprus and CG Trader is Lithuanian and while both are EU member states I've been told their adherence to the directives can be partial of every possible place to incorporate Joseph prusia picked one that would force his team to kill the Benes whether they like it or not does this get printables off the hook no peria research might have no choice but to delete our content but deleting our content sucks and we will absolutely hold that against them or more pragmatically we will mirror our hard work on one of the dozens of other hosts who will only delete our stuff if we tell them to they are just as obviously illegal everyone knows it but the site itself has no reason to do anything about it I'm not saying do it but I'm saying if you do do it do it somewhere it's not going to get taken down I am a huge proponent of commercial regulations they make the free market work for society but this is one of those cases where regulation defeats the purpose I like prusia the company and the person they're only in this mess because they want to take an active role in their site and because they're so proud to continue being a check company I get the sense that they haven't fully grasped the situation they're in that the rest of the world can willfully ignore illegal content with zero repercussions and they alone have to follow the rules and I like the Beni I like the guys who designed it I also like the remixes and people who designed them I don't give a what Daniel and Paulo think about consistency their choice of license might be stupid and misguided but you know what I can deal with that myself this is a direct open letter to the Niti group I want to buy the Beni I want to buy All rights related to the 3D Beni right now in cash from your perspective the 3D Beni is a valueless radioactive hot potato and as long as it's on your books this exact same public relations meltdown is going to flare up again and again hit me up at Partnerships of voidstar lab.
com if I gain ownership at the 3D Bene I promis to transfer the file to the public domain as expeditiously as possible and provide a blanket license for anyone to use any copyrights which may or may not exist on the condition that they think the original authors Paulo Keefe and Daniel nor this was a bit of a weird video for me I don't generally cover current events or pretend to perform investigative journalism but as a business technology major who's been 3D printing and working with startups since like 2012 I thought I had something to say that really should have been said by someone more qualified also I am aware this video is longer more serious and less visually spicy than usual but look it's a complex situation and we've seen what happens when you don't take the time to analyze the story correctly dcma I'd like to give special thanks to Peter lamir an intellectual property lawyer whose firm Le Decker and lamir serve small businesses and independent inventors in and around the Denver area he played an instrumental role in this video by sanity check my copyright analysis and he also clued me into the contract implications that ended up completely redefining my opinion if you've received a scary letter about your work or you want to get in front of any potential baloney their contact info is in the description I also want to thank micholas Joseph and the rest of the pusia team for letting me bombard them with questions and being frank and open in their answers please respect your fellow printing nerds by not going after pria's staff personally as long as this company is based in the EU as long as they keep doing contests and giving away Pia meters none of them get to decide which models stay up going after them personally accomplishes nothing and it's a dick move I'm also honored to thank the patrons whose generous support lets me release every project I make under the freest of free licenses I allow everyone to remix repost and even reap profits from my work it's a wonderful privilege and it's one I hope more people get to have each episode except the last one where I forgot I thinkk three random lab scientist supporters and today's are Jimmy near Shawn moing and oh my God DJ sperm count let's quickly move on to the collaborators thank you Scott Rey gfi. CC the suits are in our fun Schley the schwager SXP microwave the benevolent missen thrope SBO DB Turner Z Chuck Harter baby and original gfinity Etsy I've hidden their Nam somewhere in this video with a Twist each hidden name appears in a different shot with a new Beni or a new filament I have never featured before I needed some inspiration to get more b-roll there's really not a lot to put on screen for this finally our lab assistant supporters have officially reached critical mass and I had to do a hatchet job to keep this under 20% of the video's runtime thank you good suck call sign carrot skl Lydia Cameron teamour Matthew Elite giant spam sunburnt cat William tankery DVM Dale deny defend depos the q1 VK Michael the monk Amma Dennis Chris soran plate belt printer scroto Maxwell col.
What are the key takeaways?
Based on the transcript, here are the key points...
