Proven Industries v. Trevor McNally: Difference between revisions

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==Background==

In March 2025, Proven Industries published a video on Instagram, featuring their Latch Pin Lock<ref>{{Cite web |date=2025-08-31 |title=Proven Industries > Latch Pin Lock |url=https://www.provenlocks.com/products/latch-pin-lock |url-status=live |archive-url=https://web.archive.org/web/20250211010616/https://www.provenlocks.com/products/latch-pin-lock |archive-date=2025-02_11 |access-date=2025-08-31 |website=Proven Industries}}</ref> and a Proven Industries staff member using a number of tools on the lock and stating that there was no way for anyone to bypass the lock. In the comments of that video a user by the name of gq_videos said "Let's introduce it to the @mcnallyoffical poke" someone at Proven Industries responded to that comment by posting: "lol those guys like the cheap locks lol because they are easy and fast".<ref>{{Cite web |date=2025-08-31 |title=DEFENDANT TREVOR MCNALLY’S OPPOSITION TO

In March 2025, Proven Industries published a video on Instagram, featuring their Latch Pin Lock<ref>{{Cite web |date=2025-08-31 |title=Proven Industries > Latch Pin Lock |url=https://www.provenlocks.com/products/latch-pin-lock |url-status=live |archive-url=https://web.archive.org/web/20250211010616/https://www.provenlocks.com/products/latch-pin-lock |archive-date=2025-02_11 |access-date=2025-08-31 |website=Proven Industries}}</ref> and a Proven Industries staff member using a number of tools on the lock and stating that there was no way for anyone to bypass the lock. In the comments of that video a user by the name of gq_videos said "Let's introduce it to the @mcnallyoffical poke" someone at Proven Industries responded to that comment by posting: "lol those guys like the cheap locks lol because they are easy and fast".<ref name=":3">{{Cite web |date=2025-08-31 |title=DEFENDANT TREVOR MCNALLY’S OPPOSITION TO PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION |url=https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |url-status=live |archive-url=https://web.archive.org/web/20250611182806/https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |archive-date=2025-06-11 |access-date=2025-08-31 |website=Court Listener}}</ref>

PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION |url=https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |url-status=live |archive-url=https://web.archive.org/web/20250611182806/https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |archive-date=2025-06-11 |access-date=2025-08-31 |website=Court Listener}}</ref>

On April 2025, Trevor McNally published a response video on [[YouTube]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's YouTube video |url=https://www.youtube.com/watch?v=YjzlmKz_MM8 |url-status=dead |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> [[TikTok]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's TikTok post |url=https://www.tiktok.com/@mcnallyofficial/video/7489223700735118622 |url-status=live |access-date=Jun 18, 2025 |website=[[TikTok]]}}</ref> [[Facebook]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Facebook video |url=https://www.facebook.com/share/r/1ZicXjkyNb/ |url-status=dead |access-date=Jun 18, 2025 |website=[[Facebook]]}}</ref> and [[Instagram]]<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Instagram post |url=https://www.instagram.com/p/DIAH9vps19y/?hl=en |url-status=dead |access-date=Jun 18, 2025 |website=[[Instagram]]}}</ref> intended to both educate and entertain users on the insecurity of the lock via the usage of a makeshift shim created out of a soda can. In response to McNally's video, [[Proven Industries]] submitted takedown requests of the videos on all of these platforms, and then soon after filed a lawsuit against McNally.<ref name=":0" />

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===Rebuttal===

~~To be added - Read comments~~.<!-- Coverage in this video to eventually watch:

#Trevor McNally's lawyers claimed that Section 107 of the Copyright Act<ref>{{Cite web |date=25-08-31 |title=107. Limitations on exclusive rights: Fair use |url=https://www.copyright.gov/title17/92chap1.html#107 |url-status=live |archive-url=https://web.archive.org/web/20250311190810/https://www.copyright.gov/title17/92chap1.html#107 |archive-date=25-03-11 |access-date=25-08-31 |website=U.S. Copyright Office}}</ref> allows fair use of copyrighted material for "criticism, comment, news reporting, [or] teaching" and that the video that the take down request was made on was covered by protected use on all four factors of the section.<ref name=":3" />

#His lawyers also claimed his video was transformative and that the portions he included were there to facilitate criticism.<ref name=":3" />

#The original Proven Industries was minimally creative and had already been published and McNally's reuse was minimal and integral to his criticism of the Latch Pin Lock.<ref name=":3" />

#McNally's use of extracts from Proven Industries video had no effect on Proven Industries, as there is no market for their video and people watching his video would not take away views of their video.<ref name=":3" />

#The defamation claims of Proven Industries would fail, as they were based on claims made against non-verbal acts, where Proven Industries didn't actually have any written statements to back up their claims that McNally was making false claims in his response video. (Essentially McNally never actually said Proven Industries was "dishonest or incompetent" and also never said their lock was "inherently untrustworthy.") McNally made a further video called "They called me out…now they’re suing me. Proven Locks" as a response to the claim that he had to disassemble the lock to create a bespoke shim and then reassemble it. In that video, he took a case of Liquid Death and opened an Amazon Locker and removed a boxed new Proven Industries Latch Pin Lock, drank the drink, cut up the can, created a shim and talked though how the shim process works.<ref>{{Cite web |last=McNally |first=Trevor |date=2025-08-31 |title=They called me out…now they’re suing me. Proven Locks |url=https://www.youtube.com/shorts/MbQp5JcQwLA |website=YouTube}}</ref>

#Proven Industries's tortious interference claims were invalid.<ref name=":3" />

#Public interest always favours supporting First Ammendment rights.<ref name=":3" /><!-- Coverage in this video to eventually watch:

https://www.youtube.com/watch?v=PH1rzaMTvRE -->

@@ Line 4: / Line 4: @@
 ==Background==
-In March 2025, Proven Industries published a video on Instagram, featuring their Latch Pin Lock<ref>{{Cite web |date=2025-08-31 |title=Proven Industries > Latch Pin Lock |url=https://www.provenlocks.com/products/latch-pin-lock |url-status=live |archive-url=https://web.archive.org/web/20250211010616/https://www.provenlocks.com/products/latch-pin-lock |archive-date=2025-02_11 |access-date=2025-08-31 |website=Proven Industries}}</ref> and a Proven Industries staff member using a number of tools on the lock and stating that there was no way for anyone to bypass the lock. In the comments of that video a user by the name of gq_videos said "Let's introduce it to the @mcnallyoffical poke" someone at Proven Industries responded to that comment by posting: "lol those guys like the cheap locks lol because they are easy and fast".<ref>{{Cite web |date=2025-08-31 |title=DEFENDANT TREVOR MCNALLY’S OPPOSITION TO
+In March 2025, Proven Industries published a video on Instagram, featuring their Latch Pin Lock<ref>{{Cite web |date=2025-08-31 |title=Proven Industries > Latch Pin Lock |url=https://www.provenlocks.com/products/latch-pin-lock |url-status=live |archive-url=https://web.archive.org/web/20250211010616/https://www.provenlocks.com/products/latch-pin-lock |archive-date=2025-02_11 |access-date=2025-08-31 |website=Proven Industries}}</ref> and a Proven Industries staff member using a number of tools on the lock and stating that there was no way for anyone to bypass the lock. In the comments of that video a user by the name of gq_videos said "Let's introduce it to the @mcnallyoffical poke" someone at Proven Industries responded to that comment by posting: "lol those guys like the cheap locks lol because they are easy and fast".<ref name=":3">{{Cite web |date=2025-08-31 |title=DEFENDANT TREVOR MCNALLY’S OPPOSITION TO PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION |url=https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |url-status=live |archive-url=https://web.archive.org/web/20250611182806/https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |archive-date=2025-06-11 |access-date=2025-08-31 |website=Court Listener}}</ref>
-PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION |url=https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |url-status=live |archive-url=https://web.archive.org/web/20250611182806/https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |archive-date=2025-06-11 |access-date=2025-08-31 |website=Court Listener}}</ref>
 On April 2025, Trevor McNally published a response video on [[YouTube]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's YouTube video |url=https://www.youtube.com/watch?v=YjzlmKz_MM8 |url-status=dead |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> [[TikTok]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's TikTok post |url=https://www.tiktok.com/@mcnallyofficial/video/7489223700735118622 |url-status=live |access-date=Jun 18, 2025 |website=[[TikTok]]}}</ref> [[Facebook]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Facebook video |url=https://www.facebook.com/share/r/1ZicXjkyNb/ |url-status=dead |access-date=Jun 18, 2025 |website=[[Facebook]]}}</ref> and [[Instagram]]<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Instagram post |url=https://www.instagram.com/p/DIAH9vps19y/?hl=en |url-status=dead |access-date=Jun 18, 2025 |website=[[Instagram]]}}</ref> intended to both educate and entertain users on the insecurity of the lock via the usage of a makeshift shim created out of a soda can. In response to McNally's video, [[Proven Industries]] submitted takedown requests of the videos on all of these platforms, and then soon after filed a lawsuit against McNally.<ref name=":0" />
@@ Line 30: / Line 29: @@
 ===Rebuttal<!-- Read documents from: https://www.courtlistener.com/docket/70036390/proven-industries-inc-v-trevor-mcnally/ -->===
-{{Incomplete section}}
-To be added - Read comments.<!-- Coverage in this video to eventually watch:
+#Trevor McNally's lawyers claimed that Section 107 of the Copyright Act<ref>{{Cite web |date=25-08-31 |title=107. Limitations on exclusive rights: Fair use |url=https://www.copyright.gov/title17/92chap1.html#107 |url-status=live |archive-url=https://web.archive.org/web/20250311190810/https://www.copyright.gov/title17/92chap1.html#107 |archive-date=25-03-11 |access-date=25-08-31 |website=U.S. Copyright Office}}</ref> allows fair use of copyrighted material for "criticism, comment, news reporting, [or] teaching" and that the video that the take down request was made on was covered by protected use on all four factors of the section.<ref name=":3" />
+#His lawyers also claimed his video was transformative and that the portions he included were there to facilitate criticism.<ref name=":3" />
+#The original Proven Industries was minimally creative and had already been published and McNally's reuse was minimal and integral to his criticism of the Latch Pin Lock.<ref name=":3" />
+#McNally's use of extracts from Proven Industries video had no effect on Proven Industries, as there is no market for their video and people watching his video would not take away views of their video.<ref name=":3" />
+#The defamation claims of Proven Industries would fail, as they were based on claims made against non-verbal acts, where Proven Industries didn't actually have any written statements to back up their claims that McNally was making false claims in his response video. (Essentially McNally never actually said Proven Industries was "dishonest or incompetent" and also never said their lock was "inherently untrustworthy.") McNally made a further video called "They called me out…now they’re suing me.  Proven Locks" as a response to the claim that he had to disassemble the lock to create a bespoke shim and then reassemble it. In that video, he took a case of Liquid Death and opened an Amazon Locker and removed a boxed new Proven Industries Latch Pin Lock, drank the drink, cut up the can, created a shim and talked though how the shim process works.<ref>{{Cite web |last=McNally |first=Trevor |date=2025-08-31 |title=They called me out…now they’re suing me. Proven Locks |url=https://www.youtube.com/shorts/MbQp5JcQwLA |website=YouTube}}</ref>
+#Proven Industries's tortious interference claims were invalid.<ref name=":3" />
+#Public interest always favours supporting First Ammendment rights.<ref name=":3" /><!-- Coverage in this video to eventually watch:
 https://www.youtube.com/watch?v=PH1rzaMTvRE -->