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In lugnet.inst, Christopher Masi wrote:
> Steven lane wrote:
>
> > 1. The builder buying bricks he doesn't need due to errors in the instructions
> > (although the author has a duty of care to keep errors to a minimum).
>
> If you are selling instructions you should make _certain_ that they are
> correct. If you are giving instructions away for fun, then do you really
> need this kind of protection?
If the instructions are sold containing an error, then I agree that the author
isn't accountable for buyers who purchase additional bricks from a separate
source, but if the author is also selling the bricks to make the set, then the
author is liable for charges stemming from the inclusion of the unnecessary
bricks (since the author, of all people, should know that they shouldn't be
included!)
I would further assert that the author has a responsibility to distribute
errata, to the extent that is practical to do so, but such distributions needn't
be of the same high-quality printed format as the original, flawed instructions.
> > 2. Injuries caused to the builder while playing with/using the design.
>
> Wow, what a great, litigious world that we live in, huh?
If you say that again, I'll sue you! 8^)
> > The buyer is basically licensing the design.
> >
> > The buyer cannot lend his instructions to anyone.
>
> Completely and totally disagree with this stipulation. If I am not using
> something I don't see why I cannot share it with my friend. However, I
> do understand that people shouldn't "share" copies electronically
> because this usually turns into making an electronic copy for your friend.
I absolutely agree with you, Chris. In essence, this "non-lending"
qualification implies that the buyer of the instructions must not allow the
completed model to be viewed by anyone who might be able to reconstruct the
model by sight.
> > The buyer cannot let anyone else use the instructions unless they are helping to
> > build the model for the instruction owner either wholly or in part.
>
> See above comment.
>
> > The disclaimer should state that sub-assemblies cannot be copied and used in
> > another set of instructions without the authors written permission (E-mail
> > would also be acceptable).
>
> Assuming you mean actual copies of the instructions, then no, people
> shouldn't be allowed to copy part of your instructions into their
> instructions. If you mean the design itself, you are going to have a
> very hard time here and I could easily find situations where I would
> disagree with the stipulation. For example, the common two-wheelset
> bogie (truck) commonly used by LEGO train builders appears in
> instructions already. Does that mean no one else can include that common
> sub-assembly in their models or instructions? So, to what sub assemblies
> would this apply? I am sure I'll be corrected if I am wrong, but to
> protect a design element you need a patent, don't you?
Again, I agree. If TLG produces a new part (let's say a 3x7 brick), and Steven
is the first person to incorporate this new brick in his model by attaching it
to a 2x4 brick, then this "no subassembly usage" clause would require that no
one else can attach a 2x4 and a 3x7 in this way.
Way too broad a prohibition.
This is an entertaining conversation, though; it reminds one of the old "what
constitutes a set?" discussions on RTL.
Dave!
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Message has 1 Reply:
 | | Re: Disclaimer
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| (...) But only because the buyer has signed up to the terms of the disclaimer. (...) I only actually meant for the disclaimer to cover instructions. (...) Now your just being daft, and anyway these viewers cannot see the interior of the model. (...) (...) (20 years ago, 9-Jan-04, to lugnet.inst, lugnet.general)
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Message is in Reply To:
| | Re: Disclaimer
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| (...) > (...) If you are selling instructions you should make _certain_ that they are correct. If you are giving instructions away for fun, then do you really need this kind of protection? (...) Wow, what a great, litigious world that we live in, (...) (20 years ago, 9-Jan-04, to lugnet.inst, lugnet.general)
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