Wow. What a stupid comment. Someone's seniority on an internet forum is THE deciding factor in whether or not their opinion matters. I laughed just typing that. I haven't been on this site long at all either. You think I can't beat you at pool? Wanna bet? Maybe he's a patent attorney. But what would that matter, what with his lack of posts and all.
There is no "foul" here. Perhaps the law should be read.
"The copyright owner's exclusive rights are subject to a number of exceptions and limitations that give others the right to make limited use of a copyrighted work. Major exceptions and limitations are outlined in this section.
Ideas
Copyright protects only against the unauthorized taking of a protected work's "expression." It does not extend to the work's ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.
Facts
A work's facts are not protected by copyright, even if the author spent large amounts of time, effort, and money discovering those facts. Copyright protects originality, not effort or "sweat of the brow."
see http://library.findlaw.com/1999/Jan/1/241476.html
Joe,
What if somebody clearly interfere's with the author's ability to profit from their copyrighted work?
Sadly, the only avenue for resolution would be this:
http://www.judgejudy.com/submit_case.php
File your case and let TV justice prevail.
I will add that you should go back and read what pablo was writing.
Do you mean such as a movie critic?
Recently a new DVD has come out with information never seen before in the billiards industry. Shortly (a month or so ) after the DVD came out the information was posted on a well known billiards page with pictures and a step by step procedure of the material on the DVD.
IMO this cut the profits from the guy who ate the production costs and from the guy that was trying to do something good for the billiard community.
So the question is, was a line crossed here? Foul or no foul?
Let me offer half an apology Sharkster. I disagree with your time and post count comment, but looking back at the thread it's clear he'd be an idiot with 200 or 200,000 posts. My sincerest half apology to you sir.
Do you mean such as a movie critic?
The real issue is whether Dave's summary is accurate. Since he has revised it in response to comments and Stan is not complaining that it's wrong, I suspect it's accurate. I surely don't see the harm in publishing an accurate summary.
Dr. Dave did not call Stan Shuffett, directly, a snake oil salesman but the inference was clearly there. Dr. Dave knows that. He should have taken that inference down once he knew I did not approve of it.
To put it in scholarly perspective it is as if someone spent years on a research project and then someone else reviewed the information and released it in a different format.
Hu:
Wonderful post. I've always liked your writing style; concise, lucid, colorful, and intelligent.
One thing that is missed here, though, is that we're talking about a methodology, not a product. The instances you cite of actual product theft or product idea theft, while personal to you (they obviously and understandably touch a nerve), are a different matter. Stan's product is actually a description of "how to do something" -- which is basically documentation of a *known* and preexisting methodology. The CTE/Pro-1 in Stan's product (the methodology) is not unique -- but his packaging of it is. The packaging is protected, but not the methodology.
Let's take an example: a DVD on cabinet making put out by Home Depot. Even if the hired gun cabinet maker uses some very unique techniques in cutting the various joints -- probably new to the industry -- but using existing tools, none of that methodology is protected. However, if I then make my own cabinet making DVD, follow the same format and the same procedure (even if paraphrase or reinterpret the original material), using the same phraseology, use the same orange handle/grip tools, and just in general follow the same "orange box" format as Home Depot's DVD, that then is theft -- theft of copyright -- because the packaging and approach/preparation of the information was stolen.
If Dr. Dave exactly followed the sequence of Stan's DVD when writing his article (assuming no edits have taken place recently), then some question of ethics is rightfully asked. If he included screenshots from the DVD and wrote Stan's instructional text word-for-word (or very nearly word-for-word -- enough to cause confusion in the industry as to who the original author of the material is), then copyright laws have been broken. But I don't believe any copyright laws have been broken, because the idea being discussed is a methodology using existing tools, not new tools themselves. If Stan had come up with an idea for a new cue, new tip, new billiard ball material, etc., then that's protected information (as long as Stan went through the patent and copyright process, that is).
By the way, since I'd posted earlier, I'd received feedback in the form of reps and PMs that, according to the people writing the reps/PMs, claimed Dr. Dave indeed had copied their material onto his books and DVDs without attribution or recognition of any kind. One person is a respected author that posts here on AZB, with a well-known avatar and screenname, who I deeply respect. So when this person makes a claim like this, I listen.
Dr. Dave, if you're reading this, I humbly offer the following: if you're digesting information from other sources (especially copyrighted ones), including it in your products, but without attribution or citation to the original author (presumably under your guise of "it's only information, and not a tangible product"), shame on you. If you're writing articles that create a blur, ambiguity, or confusion as to who the original inventor / creator / author is, then if I were you, I'd really consider re-writing said articles to either A.) give citation and attribution in the appropriate parts where you got the information from, or B.) completely rewrite the article from the ground up to obfuscate any known phraseology or steps that are copyrighted or clues in to the source of the info. Obviously, approach "A" is PREFERRED.
-Sean
Dr. Dave referenced Stan in his posting very clearly. From a scholarly point of view what he did was not only legit, but very, very common in academics. Scholars are all the time restating what other scholars have said with references, and then put in their own knowledge and study into the topic. Science is built on exactly that. That is what Dr. Dave did in a nutshell.
Thanks for posting it very inciteful
After years of research he and his sponsor were ready to publish when the work was stolen. While I feel that what he learned was more of a discovery than an invention the fact remains he learned something novel and unique. He received neither financial benefit nor standing in the academic world for his work.