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Subject: 
Re: Disclaimer
Newsgroups: 
lugnet.inst, lugnet.general
Date: 
Fri, 9 Jan 2004 19:50:33 GMT
Viewed: 
7634 times
  
In lugnet.inst, Dave Schuler wrote:
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 only because the buyer has signed up to the terms of the disclaimer.


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 only actually meant for the disclaimer to cover instructions.


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.


Now your just being daft, and anyway these viewers cannot see the interior of
the model.

This is an entertaining conversation, though; it reminds one of the old "what
constitutes a set?" discussions on RTL.

Well at least I've entertained you if nothing else! :-)

Steve



Message has 1 Reply:
  Re: Disclaimer
 
(...) Sir, I was being daft long before this conversation began! 8^) Actually, I think my point is worth exploring. If I view your model and am able to reproduce it with a fair degree of accuracy, would you object if I sold it as my design? After (...) (20 years ago, 9-Jan-04, to lugnet.inst, lugnet.general)

Message is in Reply To:
  Re: Disclaimer
 
(...) 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 (...) (20 years ago, 9-Jan-04, to lugnet.inst, lugnet.general)

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