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In lugnet.inst, Christopher Masi wrote:
> Steven lane wrote:
>
> > I will soon be adding some instructions to the Brick Instruction Portal that I
> > will be offering for sale. It occurred to me that I'd need a suitable
> > disclaimer. I checked on Bip and found their wasn't one so I thought if I post
> > on Lugnet I can get a consensus of idea's. I've already contacted Jake from Bip
> > and he say's he'll add it to the resource section for everyone's use so you
> > wouldn't just be helping me, it's now a community project.
> >
> > Here are my current idea's
> >
> > The disclaimer should indemnify the author of instructions from claims in
> > response to
> >
> > 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?
Mistakes will always occur, and the disclaimer is only meant for saleable
instructions.
> > 2. Injuries caused to the builder while playing with/using the design.
>
> Wow, what a great, litigious world that we live in, huh?
Well I didn't invent it, blame the lawyers.
> > also the disclaimer would need to state that the author retains all rights to
> > the work and remains the owner.
>
> Stamp it with a copyright notice and file it with the Library of
> Congress (don't forget to include your $30).
I'm british, but I get your drift.
>
> > The work is sold "as is" and is not guaranteed free from defects.
>
> See comment from 1.
The disclaimer is supposed to be broad. If applied to very complex LDR's their
would bound to be a few error's. This is only a template to be adjusted to suit
eaach case.
> > The buyer cannot copy or re-distribute the work via any media be it paper or
> > electronic.
>
> Sure, it is your work, you hold the copyright.
>
> > 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.
Lego builders hang out in small (or large) groups. Once you've leant or sent a
copy to one you then have to lend to anyone else who asks. Soon the one set of
instrutions has spread to five or more people. This would severely erode the
builders revenue.
> > 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?
You might be right their.
> > The disclaimer should also disallow the building of copies for other people
> > unless their to be given as presents. I thought we could implement this by
> > saying you cannot build copies for financial reward. This could also be covered
> > my making people use only bricks that they actually own and not somebody else's.
>
> Hmm. This is a tough one. Why not? Why can't I build models from your
> instructions for a fee? But then again, why should someone else be
> allowed to reap financial reward from your work.
You've answeared your own question.
> > The disclaimer could be modified by each author to suit their needs.
> >
> >
> > These are just my current idea's and all are open to change/removeal.
> >
> > So all I need now is feedback and the actual form of words that will be used.
> >
> > Thanks
> >
> > Steve
>
> The areas where you address intellectual property issues make me feel a
> bit squirmy. I believe in intellectual property, and I believe that
> copyrights should be protected. After all, it is your work. If you wish
> to license your model with restrictive clauses fine. I don't think that
> a public "free" forum should have restrictive licensing policies. The
> only kind of licensing policy that a free forum should have is one that
> precludes the use of the free material in commercial enterprises (or
> some variant with that spirit). Here is a summary of my feelings
> concerning the IP of fan created intructions.
>
> The instructions are yours. You created them. You hold the copyright.
> Therefore, copyright law applies, and at the simplest level that means
> that no one can make copies of the actual instructions without your
> permission. I don't know how copyright applies to the constuction of
> multiple models from a set of instructions. I assume (probably wrongly
> so) that copyright does not apply, directly, to the act of building
> multiple models, and that limitation has to be arrived at by some kind
> of licensing scheme that uses copyright law as the leverage to require
> the comsumer to accept the license.
>
> How you choose to use your rights under copyright law is up to you.
> Personally, I think a "no commercial use" license is totally reasonable,
> but a "no loaning to your friend" license is asinine and only encourages
> people to abuse intellectual property laws.
Steve
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Message has 1 Reply:
 | | Re: Disclaimer
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| (...) Doesn't make it seem like a very good market, then: "Please spend your money on my product, but only if you don't share your toys with other people. Otherwise, the bricknazis(1) will demand you pay me more money." Sounds like fun. Not. (1) The (...) (20 years ago, 10-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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