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Subject: 
Re: I wonder where he got the scans from?
Newsgroups: 
lugnet.general
Date: 
Thu, 28 Oct 1999 03:29:00 GMT
Viewed: 
949 times
  
Your analysis is completely wrong.

Selling scan CD's is clearly illegal and asking for trouble.

public distribution of ANY instruction or catalog scan (regardless of age)
is an infringement of copyright.  The fact that TLG has passively allowed my
website to operate is gracious on their part, and positively reflects on it's
value to their customers.  By doing this they have not given up any rights
to the property.  They can at any time change their mind and enforce their
rights.  Selling CD's of instruction scans on Ebay would greatly increase
the chances of that happening.

There has been alot of confusion around my policy of not accepting scans
of current retail sets.  This was a unilateral decision on my part
to make a good faith effort not to harm TLG's interests.  To my knowledge
TLG has never articulated this point, but it is was just common sense to me.

Now, if you wanted to legally sell instruction scans you would have to
negotiate a license with TLG which is very unlikely since not all of the
scans are of professional quality.

To summarize:
- scans are NOT shareware
- TLG has not relinquished any property rights
- If we want this tremendous resource to continue to be available
  then we must not abuse it (i.e. don't SELL it!).

KL

In lugnet.general, John DiRienzo writes:
  Sorry for the late reply, but...
  I don't think it is illegal to buy or sell CDs with Lego instructions
scans - I've bought six such CDs from various sources.  Unlike video tapes
which all have the FBI warning and software which always has the user
agreement, Lego has a fairness policy.  In selling the scans on CDs, the
seller is not doing anything illegal (or unfair) as long as the scans are of
discontinued or sets otherwise not readily available.  These CDs have been
sold on eBay, RTL and elsewhere in the past, and I have never heard of Lego
doing anything to stop it, so why should eBay?  In my eyes, these scans are
most like shareware (nobody owns them - Lego has seemingly relinquished
ownership, in a way) - and if the guy selling them thinks the time and money
he has spent in compiling and distributing the CD is worth $10, $20 or more,
then that is what he should charge for the CD.  Thats all I have to say
about that.

--
  Have fun!
  John
Auctions and Trading and More at my Lego site:
http://www114.pair.com/ig88/
MOC,CA++++(6035)SW,TR,old(456)+++TO++PI,SP+#+++++
ig88888888@stlnet.com & IG88888888 on AOL
Michael Huffman wrote in message <3802815E.C99355CF@mindspring.com>...
Kevin Loch wrote:

Here is the response from Ebay:

We have reviewed the auction you have brought to our attention and taken
appropriate action.  We would also like to explain eBay's policy with
respect to reports like yours.  eBay is not in a position to make
judgments about the authenticity or authorized nature of auction items,
except in the most extreme circumstances.  This may mean that we cannot
remove the item about which you contacted us.

[snip rest of canned response]

What the hell is up with eBay?  This doesn't sound like them.  There
was an auction that I bid on that was a pirated copy of a movie, but
it didn't "sound" like it was pirated in item's description; though
it didn't deny it either -- I think eBay was tipped off by another
bidder & eBay didn't hesitate to can the auction...  I wonder by
what criteria that they choose to can one auction & not another; then
they claim not to be "in a position to make judgments"; no body
in their right mine would say "Pirated CD/Movie for sale".

Hmm... interesting stance that eBay is taking; hiding behind vague
legalized statements.

--Mike.



Message has 1 Reply:
  Re: I wonder where he got the scans from?
 
(...) Agreed. (...) Hear Hear! This is one area where we LIKE what TLG has done, please please PLEASE let's not upset the apple cart. Those euro sellers need to be gone after or they're going to wreck it for all of us. (25 years ago, 28-Oct-99, to lugnet.general)

Message is in Reply To:
  Re: I wonder where he got the scans from?
 
Sorry for the late reply, but... I don't think it is illegal to buy or sell CDs with Lego instructions scans - I've bought six such CDs from various sources. Unlike video tapes which all have the FBI warning and software which always has the user (...) (25 years ago, 28-Oct-99, to lugnet.general)

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