Tribute Or Copy - Where To Draw The Line?

As a player and a collector of cues, I feel that in general if someone is going to take on the task of producing cues, that they should be responsible enough to define their own style with whatever combinations of woods & inlay elements that appeals to them. And if someone is not creative enough to develop their own inlay or design forms, then they ought to at least resort to finding someone that can help them in that part of their production process.

And in general I feel that most quality cuemakers do work to produce unique designs for their cue lines. And that those unique designs should be respected even if the copyright law may not come completely in play to protect those designs as they appear on a cue.

But when you look at the basic raw design elements found on a lot of cues, you are dealing with alot of elements that are not copyrightable in of themselves, such as circles & diamond shapes. And other elements such as the notched diamond has been around for so long in cue design history that it has to be considered in the public domain as an idea.

For cuemakers that are living and still in the business of making cues, and that work to produce very intricate artistic examples of the cue makers art, such as Richard Black, Bill Schick, Thomas Wayne, as examples I dont really see that they have much concern in seeing alot of copying efforts being made of their designs unless it is perhaps in slapped on decal forms of copying. In that circumstance they could maybe pursue some form of legal action. But that kind of circumstance will I believe not hurt the intrinsic value of the original cue that would be copied. Alot of forgeries and copies are produced of very famous paintings, yet the values of those original pieces of art still remain.

At the collecting end of things you are going to have casual collectors and serious collectors. The serious collector is focused about the desire of obtaining examples of an original work by an artist and they have the financial means to make that happen. The casual collector wants to have as many original examples by artists as they can obtain. But financial circumstances warrant obtaining maybe the occasional lower end example such as a print, or a reproduced copy. Only so many people can afford to buy an original Picaso, and everyone else has no choice but to settle for a print.

The same thing is happening in collecting cues when it comes to at least 2 known cuemakers. George Balabushka & Gus Szamboti. Both cuemakers have passed on and therefore all their cues have incredbily increased value that puts them out of of the buying range for most pool players. But alot of pool players like the design elements seen in those cuemakers work and they want those design features in their own cues. I myself would very much love to have an original cue of each of them in my collection. Really, who on this forum wouldn't? But financially I cannot afford to purchase an example of either one. But I can consider purchasing a cue made by some other cue maker that features design elements that represent the work of those cuemakers and that financially works within my curent budget. Thus you see cues by cuemakers that feature Bushka rings, Szamboti propellers, and design layouts that feature notched diamons and dots to create that feel of "Classic Design".

In that circumstance I dont have a problem with it when the cuemaker's own name is on the product. But when living cuemakers use other living cuemakers unique designs there I have a problem. I cant count how many times I have seen other cuemakers using one of Ernie's Ginacue designs. Hell, I have a Phillipi that is based on a Ginacue design. That I have a problem with. I strongly believe that a quality cuemaker should respect the work of other living cuemakers and not use other cuemakers own unique design elements.

For cuemakers out there that have problems with developing their own unique designs, and want some help in that area, I will say that my own
design services are available. And I have a great friend of mine, Bill Evans that is also a great cue designer. And has worked extensively witn Jacoby cues to have some really great cues produced over the years.

As to the issue of design ripoffs taking place by companies in asia, that is a problem that is I have to say is beyond the capabillity of USA based cuemakers to effectively deal with. I know that for the fact that when companies such as Microsoft, Apple, McDonalds, Kentucky Fried Chicken, and Disney have problems dealing with theft of intellectual property from companies in asia, then what the hell do small businesses such as cuemakers expect to achieve for the same problem?

American cuemakers can only work together through mutual respect to help protect each other's mutual interests. And for the most part I think most cuemakers do that well. But probably more can be done in that regard. And if the issue of tribute and design copying is a big enough issue with American cuemakers, then they need to formulate some principles on how to handle that issue through their own orgnization.

I personally think a great idea would be for some of the legendary top cuemakers to license a famous classic design that each is resposible for to a company such as McDermott and have an affordable cue series made available to the cue buying public. Something similar was done a few years ago. And I think something like that should be offered not only again, but done so on a regular basis.

My 2 cents are done.
 
gotta agree

With the new copyright laws, it is now first to file, not first to create intellectual property that owns the rights to it.

I think it is a ridiculous notion and gives those with the money to file first open license to steal designs and own them with no recourse for the creator...

Jaden


Copyright law is quite fluid. At the moment it seems whomever asks for copyright first gets it, even on terms in common usage. Springfield Arms got a copyright on racegun, a term that had been in general usage for competition pistols for many years. Donald Trump was denied a copyright on "you're fired" not because it was in common usage but because it sounded too much like the already copyrighted "you're hired"!

Getting down to a real world instance I have personal knowledge about, a friend of mine runs a division of a company. They developed some software worth millions a few years ago, less than ten best I remember, "few" is relative here. Anyway, there was a minor oops. Like much software today the software included hundreds of pages of other people's code used by agreement. The company my friend worked for copyrighted several hundred pages of someone else's code.

When they realized their error they contacted the copyright office immediately. However the code in question had never been registered. The copyright office refused to make any corrections and informed the company that registered the code that they were the legal owners and could use, sell, or give away the code as they pleased! No idea of the value of the code accidentally stolen but the software sold $400,000 worth the first month.

Hu
 
Copyright law is quite fluid. At the moment it seems whomever asks for copyright first gets it, even on terms in common usage. Springfield Arms got a copyright on racegun, a term that had been in general usage for competition pistols for many years. Donald Trump was denied a copyright on "you're fired" not because it was in common usage but because it sounded too much like the already copyrighted "you're hired"!

Getting down to a real world instance I have personal knowledge about, a friend of mine runs a division of a company. They developed some software worth millions a few years ago, less than ten best I remember, "few" is relative here. Anyway, there was a minor oops. Like much software today the software included hundreds of pages of other people's code used by agreement. The company my friend worked for copyrighted several hundred pages of someone else's code.

When they realized their error they contacted the copyright office immediately. However the code in question had never been registered. The copyright office refused to make any corrections and informed the company that registered the code that they were the legal owners and could use, sell, or give away the code as they pleased! No idea of the value of the code accidentally stolen but the software sold $400,000 worth the first month.

Hu

Again registering a copyright is simply stating that you own it. It does not mean that you actually own it. If the government accepts your registration then all they are saying is that they don't have a record of anyone else claiming ownership.

They are NOT saying that no one else owns it.

This is very important.

Because anyone can file an application

http://www.copyright.gov/help/faq/faq-register.html

Copyright exists upon the moment of creation. The creator owns it unless the creation was made under the employment of another and specifically stated in the employment agreement. Publication and registration is not necessary for the creator of a work to own the copyright to it.

http://www.copyright.gov/

The government telling the software creator that he had the unfettered right to profit off the code of another person was 100% wrong. The government does not grant ownership, the only accept or reject registrations in accordance with their existing database of registrations and the law governing copyright.

Slogans for businesses are not copyrightable. They fall under the purview of trademarks. Trademark law follows different conventions to a degree.

There is a LOT of writing on these subjects on the net. From university studies and dissertations to ongoing blogs by high-profile IP attorneys to case studies of actual lawsuits. By now just about every aspect of IP law has been covered through lawsuits and non-judicial examination by the USTPO and the US Copyright Office.

May I suggest that anyone who is truly interested in knowing the real information about this start here http://www.copyright.gov/circs/circ1.pdf

And explore from there.

I really don't want to see misinformation propagated through this forum which leads to emotional fights and false accusations.

I feel that I have to mention again that I have been involved in an actual trademark dispute which cost me around 50,000 dollars and ended with a flimsy settlement that no where nearly addressed the losses incurred by us. I have been immersed in the study of IP since before then since our Instroke case designs were ripped off in total and in part by many other case makers and importers.

I just think we need to have the facts about copyright and trademarks and patents laid out so that we are not taking in information that is false and passing it on as truth.
 
Obviously there are some type of copyright issues, why else did Ernie Gutierrez sue Paul Mottey, because he actually copied him

Did Ernie Gutierrez win his case or spin his wheels!:sorry:

BTW Copyrights, Trademarks, and Patents are only as good as you have the money to defend your Copyrights, Trademarks, and Patents. NO Money for Attorney Retainers, and Fees No Justice!
 
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as usual

John,

As usual I quit reading your BS after the first few lines. Actually when the copyright office registers your copyright they are saying you own it. You are the de facto legal owner and anyone else who wants to claim ownership has to prove differently. The burden of proof is on the other person once you successfully register a copyright. Fourteen pages of ya-ya won't change that. Placing the burden of proof on the other party can be a substantial hurdle to overcome. This is much like being presumed innocent when charged and the government having to prove guilt or being presumed guilty when charged and having to prove you are innocent.

It is very easy to register copyright. A simple form to fill out, as much as you care to put in one document or on one DVD, and a $35 fee the last time I messed with it. That does give you very considerable legal leverage.

Hu




Again registering a copyright is simply stating that you own it. It does not mean that you actually own it. If the government accepts your registration then all they are saying is that they don't have a record of anyone else claiming ownership.

They are NOT saying that no one else owns it.

This is very important.

Because anyone can file an application

http://www.copyright.gov/help/faq/faq-register.html

Copyright exists upon the moment of creation. The creator owns it unless the creation was made under the employment of another and specifically stated in the employment agreement. Publication and registration is not necessary for the creator of a work to own the copyright to it.

http://www.copyright.gov/

The government telling the software creator that he had the unfettered right to profit off the code of another person was 100% wrong. The government does not grant ownership, the only accept or reject registrations in accordance with their existing database of registrations and the law governing copyright.

Slogans for businesses are not copyrightable. They fall under the purview of trademarks. Trademark law follows different conventions to a degree.

There is a LOT of writing on these subjects on the net. From university studies and dissertations to ongoing blogs by high-profile IP attorneys to case studies of actual lawsuits. By now just about every aspect of IP law has been covered through lawsuits and non-judicial examination by the USTPO and the US Copyright Office.

May I suggest that anyone who is truly interested in knowing the real information about this start here http://www.copyright.gov/circs/circ1.pdf

And explore from there.

I really don't want to see misinformation propagated through this forum which leads to emotional fights and false accusations.

I feel that I have to mention again that I have been involved in an actual trademark dispute which cost me around 50,000 dollars and ended with a flimsy settlement that no where nearly addressed the losses incurred by us. I have been immersed in the study of IP since before then since our Instroke case designs were ripped off in total and in part by many other case makers and importers.

I just think we need to have the facts about copyright and trademarks and patents laid out so that we are not taking in information that is false and passing it on as truth.
 
John,

As usual I quit reading your BS after the first few lines. Actually when the copyright office registers your copyright they are saying you own it. You are the de facto legal owner and anyone else who wants to claim ownership has to prove differently. The burden of proof is on the other person once you successfully register a copyright. Fourteen pages of ya-ya won't change that. Placing the burden of proof on the other party can be a substantial hurdle to overcome. This is much like being presumed innocent when charged and the government having to prove guilt or being presumed guilty when charged and having to prove you are innocent.

It is very easy to register copyright. A simple form to fill out, as much as you care to put in one document or on one DVD, and a $35 fee the last time I messed with it. That does give you very considerable legal leverage.

Hu

Hu,

I am sorry but you are 100% wrong. Please download this document from the copyright office and read page 7

http://www.copyright.gov/circs/circ1.pdf

Knowing you won't take the time to read it I have copied the relevant passage here and made red the very important parts.

----------------------------------------------------------------------------------

"Copyright Registration
In general, copyright registration is a legal formality intended
to make a public record of the basic facts of a particular copyright.
However, registration is not a condition of copyright
protection.
Even though registration is not a requirement for
protection, the copyright law provides several inducements
or advantages to encourage copyright owners to make registration.
Among these advantages are the following:
• Registration establishes a public record of the copyright
claim.
• Before an infringement suit may be filed in court, registration
is necessary for works of U. S. origin.
• If made before or within five years of publication, registration
will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in
the certificate.
• If registration is made within three months after publication
of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.
• Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for protection
against the importation of infringing copies. For
additional information, go to the U. S. Customs and
Border Protection website at www.cbp.gov/xp/cgov/import.
Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of
the copyright. Unlike the law before 1978, when a work has
been registered in unpublished form, it is not necessary to
make another registration when the work becomes published,
although the copyright owner may register the published
edition, if desired.
"

------------------------------------------------------------------

Nowhere does it say that the registrant IS the owner of the copyright only that it's a public record of the CLAIM to ownership. Nor does it make the registrant the "de-facto" owner either. It makes them the registered claimant to ownership nothing more.

Sorry, to burst your bubble on this but my "B.S" is grade A straight from the United States Copyright Office. And it's further backed by a huge amount of writing on the subject by IP scholars and practicing attorneys.
 
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??????

John,

Did you ever consider that I researched copyright long ago when I had tens of thousands of images to copyright? When you register copyright you are the presumed owner, the legal owner, unless and until proven otherwise. Anyone claiming otherwise has to prove their ownership. If they can't do so you own the material, and them. Most photographers say "Merry Christmas!" when somebody uses their registered photograph without permission since it is usually worth about ten times what the normal usage fee would be.

Hu





Hu,

I am sorry but you are 100% wrong. Please download this document from the copyright office and read page 7

http://www.copyright.gov/circs/circ1.pdf

Knowing you won't take the time to read it I have copied the relevant passage here and made red the very important parts.

----------------------------------------------------------------------------------

"Copyright Registration
In general, copyright registration is a legal formality intended
to make a public record of the basic facts of a particular copyright.
However, registration is not a condition of copyright
protection.
Even though registration is not a requirement for
protection, the copyright law provides several inducements
or advantages to encourage copyright owners to make registration.
Among these advantages are the following:
• Registration establishes a public record of the copyright
claim.
• Before an infringement suit may be filed in court, registration
is necessary for works of U. S. origin.
• If made before or within five years of publication, registration
will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in
the certificate.
• If registration is made within three months after publication
of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.
• Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for protection
against the importation of infringing copies. For
additional information, go to the U. S. Customs and
Border Protection website at www.cbp.gov/xp/cgov/import.
Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of
the copyright. Unlike the law before 1978, when a work has
been registered in unpublished form, it is not necessary to
make another registration when the work becomes published,
although the copyright owner may register the published
edition, if desired.
"

------------------------------------------------------------------

Nowhere does it say that the registrant IS the owner of the copyright only that it's a public record of the CLAIM to ownership. Nor does it make the registrant the "de-facto" owner either. It makes them the registered claimant to ownership nothing more.

Sorry, to burst your bubble on this but my "B.S" is grade A straight from the United States Copyright Office. And it's further backed by a huge amount of writing on the subject by IP scholars and practicing attorneys.
 
John,

Did you ever consider that I researched copyright long ago when I had tens of thousands of images to copyright? When you register copyright you are the presumed owner, the legal owner, unless and until proven otherwise. Anyone claiming otherwise has to prove their ownership. If they can't do so you own the material, and them. Most photographers say "Merry Christmas!" when somebody uses their registered photograph without permission since it is usually worth about ten times what the normal usage fee would be.

Hu

Yep, I think you know a lot about a lot of subjects. But sometimes you make a statement that is not correct. Happens to everyone at some time or another.

A presumption of ownership does not make you the owner. And in fact it is this EXACT point that I want to make clear.

Possession of a registration does not make you the legal owner. Of course someone else claiming ownership has to prove it why would it be otherwise?

By yours and Jaden's contention it's whoever files the registration is the owner case-closed. That is 100% not true.

People dispute copyright registrations all the time.

Regarding your example of the use of photographs Bruce can chime in on that one since he was a freelance photojournalist. But a quick trip around the net will probably bring up some examples of photographers who successfully sued to get paid handsomely when their images were hijacked by major magazines and used without payment or attribution. Again copyright ownership exists upon creation so all pictures taken are owned by the taker whether registered or not.

I guarantee you that if I post a picture on the web and someone misuses it then I am going to use my copyright to pursue them for infringement. And in fact I have done that successfully with several websites who took my images. No registration required.

More reading: http://www.copyrightguru.com/belmon...tes/topic4_formalities/topic4_formalities.htm
 
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What defines whether a particular cue is an acceptable (honorable) tribute vs. an unacceptable (dishonorable) copy?

IMO, when the person making the "tribute" cue is doing so for their own personal gain.

You want to make a "tribute" cue so that is can be auctioned off for kids with cancer or some other act which will not actually finacially benefit yourself? I am cool with that and I am guessing the original cue maker would be as well.

But the minute you do a so called "tribute" in order to sell the cue and put food on your plate or pay for your mortgage it is not a true tribute, you are simply stealing the design and using sematics to try and make it seem less lame.

Most of the time a "tribute" is just a way of saying "I want to steal your design and sell some cues that look exactly the same so I can make some money off of your fame and designs, but I don't want my reputation to be tarnished by doing it so I am calling it a "tribute"".
 
knock yourself out!

Yep, I think you know a lot about a lot of subjects. But sometimes you make a statement that is not correct. Happens to everyone at some time or another.

A presumption of ownership does not make you the owner. And in fact it is this EXACT point that I want to make clear.

Possession of a registration does not make you the legal owner. Of course someone else claiming ownership has to prove it why would it be otherwise?

By yours and Jaden's contention it's whoever files the registration is the owner case-closed. That is 100% not true.

People dispute copyright registrations all the time.

Regarding your example of the use of photographs Bruce can chime in on that one since he was a freelance photojournalist. But a quick trip around the net will probably bring up some examples of photographers who successfully sued to get paid handsomely when their images were hijacked by major magazines and used without payment or attribution. Again copyright ownership exists upon creation so all pictures taken are owned by the taker whether registered or not.

I guarantee you that if I post a picture on the web and someone misuses it then I am going to use my copyright to pursue them for infringement. And in fact I have done that successfully with several websites who took my images. No registration required.

More reading: http://www.copyrightguru.com/belmon...tes/topic4_formalities/topic4_formalities.htm




John,

Knock yourself out chasing somebody with lawyers. I'll take my registered copyright to the DA's office and file charges. After the legal system bears all the labor and costs to prove that the entity stole my property then I'll collect in civil court also with the results of the criminal case as slam dunk evidence. One of the more important reasons to register copyright.

Hu
 
In the words of our dearly departed Apple CEO Steve Jobs:

Good artists copy. Great artists steal!
 
John,

Knock yourself out chasing somebody with lawyers. I'll take my registered copyright to the DA's office and file charges. After the legal system bears all the labor and costs to prove that the entity stole my property then I'll collect in civil court also with the results of the criminal case as slam dunk evidence. One of the more important reasons to register copyright.

Hu

I am sorry but sometimes you are really dense.

I didn't say that it's not important to register your copyright.

I said registering it does not mean you OWN it. Stop being a nit here.

Yes if you have a registration then you can ACT LIKE you own it to include filing criminal and civil charges against anyone who you want to accuse of infringing it.

Just like if I have your television I can ACT LIKE I own it and take it to the flea market and sell it, pawn it, put it on ebay or smash it in the street.

That doesn't mean I had the legal right to do any of that.

Also it's not as easy as you think to simply walk into the DA's office and file criminal charges against someone you wish to accuse of copyright infringement. But again I NEVER said don't register. If you have something worth protecting then by all means register it.

But please STOP telling people that the government GRANTS OWNERSHIP by accepting a registration. They don't.

IF you fraudulently obtain a registration for a work that you had no right to then you have committed a crime. If you then take that registration and cause injury to others you have committed MORE crimes. So please stop telling people that the first to register confers ownership. That is nonsense.

Do I need to get my customer who is a practicing IP attorney to shut you up on this?
 
In the words of our dearly departed Apple CEO Steve Jobs:

Good artists copy. Great artists steal!

And he stole that line from Picasso who probably never actually said it. Thomas Wayne pointed out that actually it was T.S. Elliot who expressed this sentiment. Although Thomas and I disagree on it's meaning we both agree that it does not extend to plagiarism which is essentially what a dead nuts copy of another man's cue is.
 
twisting words as usual John

Oh please please missa john don' be get'n yo big bad lawyerin man to shuts up po lil me!

Calling me names and making threats? John I know ten times more about intellectual property law than you do and what I know would fit on the head of the proverbial pin. You are so lacking in knowledge it is painful. For instance, saying that you protected unregistered images on your site, purest bs. You may have sent cease and desist letters and they may have chosen to oblige. Had they told you to go down to the beach and pound sand up your ass you would have been helpless to pursue it further for several solid legal reasons.

Right now I have material cut and pasted from your site that I saved as evidence when you were libeling me all over the place. I'll make a wager starting at $1000.00 and going up from there that I can post that anywhere I please and there is not a legal thing you can do about it other than send toothless letters. How about it? Talk to your attorney and see if you want to play that game.

As usual you are twisting words claiming I said things I never did. A game you routinely play on people even inside supposed quote boxes. I haven't looked back and don't need to. I never said registering a copyright granted ownership of something you already own. That would be hopelessly stupid, the kind of thing you would say. Like the Bill of Rights recorded the rights we already had without giving us anything, registering a copyright creates a government record of our ownership of the property.

John I type as slowly as I can but you still can't seem to comprehend. I really think it is hopeless.

Hu







I am sorry but sometimes you are really dense.

I didn't say that it's not important to register your copyright.

I said registering it does not mean you OWN it. Stop being a nit here.

Yes if you have a registration then you can ACT LIKE you own it to include filing criminal and civil charges against anyone who you want to accuse of infringing it.

Just like if I have your television I can ACT LIKE I own it and take it to the flea market and sell it, pawn it, put it on ebay or smash it in the street.

That doesn't mean I had the legal right to do any of that.

Also it's not as easy as you think to simply walk into the DA's office and file criminal charges against someone you wish to accuse of copyright infringement. But again I NEVER said don't register. If you have something worth protecting then by all means register it.

But please STOP telling people that the government GRANTS OWNERSHIP by accepting a registration. They don't.

IF you fraudulently obtain a registration for a work that you had no right to then you have committed a crime. If you then take that registration and cause injury to others you have committed MORE crimes. So please stop telling people that the first to register confers ownership. That is nonsense.

Do I need to get my customer who is a practicing IP attorney to shut you up on this?
 
And he stole that line from Picasso who probably never actually said it. Thomas Wayne pointed out that actually it was T.S. Elliot who expressed this sentiment. Although Thomas and I disagree on it's meaning we both agree that it does not extend to plagiarism which is essentially what a dead nuts copy of another man's cue is.

I think Jobs interpretation meant, taking another person's idea and improving on it. Jobs took Xerox's new operating system and improved it and called it a Mac, Bill Gates took Jobs operating system (I won't say he improved on it, but marketed it better) and called it Windows. It's funny though, look how irate Jobs got when Google put out the Android operating system for smart phones. Lawsuits world wide, yet he did the very same thing to Xerox. He was a Buddhist and very much believed in karma, he should have seen it coming.
 
John, thanks for posting this. This a very good summary of the state of copyright law in this context. Registering a copyright does create a legal presumption, but it's a presumption that is very easily rebuttable in the face of contrary evidence. Copyright vests at the moment of creation (technically, the moment the original work is fixed in a tangible medium). Registration does NOT alter that right; it just evidences it.



Again registering a copyright is simply stating that you own it. It does not mean that you actually own it. If the government accepts your registration then all they are saying is that they don't have a record of anyone else claiming ownership.

They are NOT saying that no one else owns it.

This is very important.

Because anyone can file an application

http://www.copyright.gov/help/faq/faq-register.html

Copyright exists upon the moment of creation. The creator owns it unless the creation was made under the employment of another and specifically stated in the employment agreement. Publication and registration is not necessary for the creator of a work to own the copyright to it.

http://www.copyright.gov/

The government telling the software creator that he had the unfettered right to profit off the code of another person was 100% wrong. The government does not grant ownership, the only accept or reject registrations in accordance with their existing database of registrations and the law governing copyright.

Slogans for businesses are not copyrightable. They fall under the purview of trademarks. Trademark law follows different conventions to a degree.

There is a LOT of writing on these subjects on the net. From university studies and dissertations to ongoing blogs by high-profile IP attorneys to case studies of actual lawsuits. By now just about every aspect of IP law has been covered through lawsuits and non-judicial examination by the USTPO and the US Copyright Office.

May I suggest that anyone who is truly interested in knowing the real information about this start here http://www.copyright.gov/circs/circ1.pdf

And explore from there.

I really don't want to see misinformation propagated through this forum which leads to emotional fights and false accusations.

I feel that I have to mention again that I have been involved in an actual trademark dispute which cost me around 50,000 dollars and ended with a flimsy settlement that no where nearly addressed the losses incurred by us. I have been immersed in the study of IP since before then since our Instroke case designs were ripped off in total and in part by many other case makers and importers.

I just think we need to have the facts about copyright and trademarks and patents laid out so that we are not taking in information that is false and passing it on as truth.
 
I think Jobs interpretation meant, taking another person's idea and improving on it. Jobs took Xerox's new operating system and improved it and called it a Mac, Bill Gates took Jobs operating system (I won't say he improved on it, but marketed it better) and called it Windows. It's funny though, look how irate Jobs got when Google put out the Android operating system for smart phones. Lawsuits world wide, yet he did the very same thing to Xerox. He was a Buddhist and very much believed in karma, he should have seen it coming.

Actually you may have things backwards.
Didn't Apple allegedly steal the input device known as a mouse from Xerox? Microsoft bought an OS from Seattle Computer Products, 86-DOS
which MS then tweaked and renamed it Microsoft Disk Operating System, MS-DOS. MS was doing work for Apple and allegedly ripped off the Apple GUI and renamed it Windows. This is allegedly a loose recollection of what transpired, I think, lol.
 
not quite true

John, thanks for posting this. This a very good summary of the state of copyright law in this context. Registering a copyright does create a legal presumption, but it's a presumption that is very easily rebuttable in the face of contrary evidence. Copyright vests at the moment of creation (technically, the moment the original work is fixed in a tangible medium). Registration does NOT alter that right; it just evidences it.

The kind of things lawyers like to say but not quite true. Matter of fact I'd say what I highlighted is plain false. Both sides generally produce some sort of evidence and often the legal dealings drag on for many years. Far from any contrary evidence "very easily" rebutting ownership. Only overwhelming contrary evidence gets the job done and it can still take years and hundreds of thousands of dollars. There are libraries full of nothing but copyright and patent law and many lawyers make careers focusing solely on IP law. Entire large firms dedicated to only that practice. Far from easily rebuttable in a country boy's understanding of the words. I know of patent disputes that lasted longer than the patents did!

Hu
 
Actually you may have things backwards.
Didn't Apple allegedly steal the input device known as a mouse from Xerox? Microsoft bought an OS from Seattle Computer Products, 86-DOS
which MS then tweaked and renamed it Microsoft Disk Operating System, MS-DOS. MS was doing work for Apple and allegedly ripped off the Apple GUI and renamed it Windows. This is allegedly a loose recollection of what transpired, I think, lol.

Jobs stole the mouse and simplified it, but more importantly he also stole the idea for the Graphical User Interface aka the Mac operating system from the Xerox Star. Bill Gates bought the exclusive rights to Dos for a total of $75,000, considered by some to be the greatest hoodwink in computer history. He was later "inspired" to come up with Windows which is a GUI which was originally created by Xerox. They both took other peoples creations and marketed them in the right way. Neither of them are truly technical guys, they are marketers. They have never created a thing in their lives, they have told other people what they wanted created, because they knew how to take others ideas and sell them to the masses. Gates also used strong arm tactics to get the largest computer manufacturers to pre-install Windows on their computers, shutting out other Operating Systems that were better and more reliable (IBM's OS2 for example) out of the market. Why would people go out and buy an OS when their computer already has one on it?
 
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The kind of things lawyers like to say but not quite true. Matter of fact I'd say what I highlighted is plain false. Both sides generally produce some sort of evidence and often the legal dealings drag on for many years. Far from any contrary evidence "very easily" rebutting ownership. Only overwhelming contrary evidence gets the job done and it can still take years and hundreds of thousands of dollars. There are libraries full of nothing but copyright and patent law and many lawyers make careers focusing solely on IP law. Entire large firms dedicated to only that practice. Far from easily rebuttable in a country boy's understanding of the words. I know of patent disputes that lasted longer than the patents did!

Hu

The cases that drag on are the hard cases, where there is substantive evidence on both sides and enough money at stake for both sides to keep fighting. The easy cases (e.g., where someone files a copyright but has no other legitimate claim) are easily dismissed so you don't see much about them.

The large IP firms are not spending their time fighting over spuriously filed copyright claims.
 
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