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Subject: 
Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
Newsgroups: 
lugnet.general, lugnet.lego.direct, lugnet.dear-lego
Followup-To: 
lugnet.general, lugnet.lego.direct
Date: 
Tue, 7 Nov 2000 19:57:46 GMT
Highlighted: 
!! (details)
Viewed: 
37 times
  
In lugnet.general, Frank Buiting writes:
I just browsed shop.lego.com and 'mosaic' is added to the 'S@H exclusives'
section! The setnumber appears to be 3443 ...

Text reads:
"Try out the NEW Brick-o-Lizer where you can turn a digital image into a
LEGO Mosaic - a picture made of LEGO Bricks. You can then order your own
personal LEGO Mosaic set including almost 2000 LEGO Bricks and building
instructions. The set also includes frame and hanger so you can hang your
LEGO Mosaic on the wall. Take photos of your family, pets, friends, and
drawings, almost anything, and watch as the Brick-o-Lizer helps you turn
them into LEGO art. Also in the Brick-o-Lizer you will find Tips & Help on
how to make your LEGO Mosaic look even better, and a Gallery with pictures
you can Brick-o-Lize. Go ahead and design your LEGO Mosaic now! To begin
creating your LEGO Mosaic click "Add to Shopping Cart", this will take you
to the Brick-o-lizer application where the fun begins. (Brick-o-Lizer not
available for Macintosh browsers at this time.) "

also the train and castle bulk packs are available OnLine!

This is cool!  It looks like the SCALA gray might be available in bricks.
I have some non-trivial concerns about the User Agreement, though:

   http://shop.lego.com/Mosaic/user_agreement.asp?LangID=2057

I'll quote the User Agreement in its entirety below, interspersed with good
faith commentary.


UA> By submission of a picture for the creation of a LEGO® Mosaic, YOU (the
UA> customer) represent and warrant that the picture, and the use by the
UA> LEGO Group (LEGO) hereof: (a) does not infringe on any third party's
UA> intellectual property or proprietary rights, including rights under
UA> copyright, or rights of publicity or privacy; (b) does not violate any
UA> law, statute, ordinance or regulation; (c) is not defamatory, trade
UA> libellous, pornographic or obscene; (d) does not contain any harmful
UA> or deleterious material; (e) is not grossly offensive and does not
UA> include blatant expressions of bigotry, prejudice, racism, hatred, or
UA> profanity; (f) is not promoting or providing instructional information
UA> about illegal activities; (g) is not promoting or depicting physical
UA> harm or injury against any group or individual, or promoting any act
UA> of cruelty to animals; (h) does not display material that exploits
UA> children under 18 years of age.

This seems rather standard, although I wonder:  Would nudes in the manner of
Man Ray be considered pornography?  If I upload a nude photo image whose
copyright is not owned by me, clearly I would be violating (a).  But if I
own the copyright to a photograph I took, and I feel it is art rather than
pornography, does it pass under (c)?


UA> By submission of YOUR picture, YOU further represent and warrant that
UA> at no time will the LEGO Mosaic product be used for anything other than
UA> private, home, non-commercial purposes,

Concerns:

1.  Does this mean that I can't send in a solid 75% graytone to get a whole
bunch of 1x1 bricks in the warm light gray color and resell them online?

2.  Does this mean that I can't trade the raw elements with my friends?

3.  What does "home" mean?  Does this mean that I'm not authorized to use a
LEGO Mosaic product at work (i.e., outside of my home, and not really private)
without TLC's permission?


UA> and that neither YOU nor
UA> anyone authorized by YOU will at any time make further copies or
UA> adaptations or engage in any public display or dissemination thereof
UA> without obtaining the permission of all owners, including LEGO, of rights
UA> therein.

I find this part puzzling and somewhat disturbing.  Concerns:

4.  Does this mean that I am not allowed to display -- on my own personal
website -- a close-up photograph or depiction of an image created with the
Brick-o-Lizer™ product without the permission of the LEGO Company?  Clearly
this is something I may want to do if I am a LEGO fan and want to share my
creation with others.  Whom at LEGO would I write to obtain such permision?

5.  Does the above also mean that I am not allowed to sell or even distribute
copies of building instructions to other people, so they may create additional
copies of a mosaic image I created using LEGO's Brick-o-Lizer™ product?

6.  If I happen to have extra bricks of my own in sufficient quantities, am I
allowed to create additional copies of my mosaic using those extra bricks I
already own, or must I create physical copies of my mosaic using only bricks
that I purchase directly from LEGO for a one-time use in a mosaic?

7.  Similarly, am I allowed to use clone (imitation) brand plastic building
bricks to build additional copies?  (Not that I'd want to, but I'm curious
whether I'm prevented from doing so.)

8.  Similarly, am I allowed to use LEGO DUPLO elements to build the physical
mosaic product if I happen to have sufficient quantities in compatible colors?
Or would that be considered an adaptation which would require permission from
LEGO?


UA> All rights under copyright in any new material added by LEGO in
UA> connection with preparing the final LEGO Mosaic product are owned and
UA> retained by the LEGO Group.

This clearly doesn't prevent me from making additional mosaic images with
other mosaic tools, such as Eric Harshbarger's excellent "Pixelego" Java
application or LUGNET's "Mosaic Maker" web application -- that's good.

However, doesn't the above give LEGO the exclusive and unlimited right to use
any final product I create with the Brick-o-Lizer™ in any way it sees fit,
while completely preventing me from doing the same?

Wouldn't LEGO customers be better served by a license agreement which puts the
copyright in the user's hands (not in LEGO's hands), and instead grants LEGO
a non-exclusive, royalty-free, worldwide license to use the final product?

I will not use a mosaic generator which prevents me from doing whatever I
please with the final product.  I would expect to be able to own it just like
any other LEGO product, free of any restrictions.


UA> Neither lego.com nor the LEGO Group or any
UA> of its affiliates, subsidiaries, employees, directors, officers, agents,
UA> or their successors and assigns are responsible for YOUR contribution or
UA> any other party's contribution to the finished Mosaic or for any
UA> violations by YOU or a third party of the terms stated above.

This part seems reasonable.

Thank you for listening to my concerns.

--Todd



Message has 6 Replies:
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
In lugnet.dear-lego, Todd Lehman writes: [Quoting Brick-O-Lizer User Agreement] (...) Uh, no. It just means that if LEGO puts some of their copyrighted material into the final product, they retain copyright. I suppose this will restrict what you do (...) (24 years ago, 7-Nov-00, to lugnet.general, lugnet.lego.direct)
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
(...) The legal language they use would seem to permit any artistic or educational (i.e. not "obscene" in the Supreme Court sense) nude material. I'm surprised they diddn't add a "family/child friendly" catchall. (...) I guess they don't want you (...) (24 years ago, 7-Nov-00, to lugnet.general, lugnet.lego.direct)
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
(...) Oops, I forgot a "full disclosure" statement. Although I don't feel that my concerns are biased, I think it is still in order: Full disclosure: I operate a website with a Mosaic Maker web application[1] which allows users to upload a JPEG or (...) (24 years ago, 7-Nov-00, to lugnet.general, lugnet.lego.direct)
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
(...) <snip some cogent questions> (...) I'd make the following comments on your post, Todd: 1) Are you sure the new colour is the SCALA gray, or even that the lightest gray is the new gray? I'm thinking of ordering one of these for plates, and (...) (24 years ago, 7-Nov-00, to lugnet.general, lugnet.lego.direct)
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
But what could LEGO do if I sell the bricks, make copies (with duplo or regular bricks), trade the bricks with your friends, take it to work etc? Are they going to sue me for playing with their product? To do sue me, first, they must track me down, (...) (24 years ago, 9-Nov-00, to lugnet.general, lugnet.lego.direct)
  Re: Concerns regarding Brick-o-Lizer™ User Agreement (was: Re: New stuff at shop.lego.com)
 
<big snip> (...) <big snip> Does not infringe on copyright huh. Well does that mean I couldn't make a mosaic of the Led Zeppelin I cover (which would lend itself very well to a mosaic btw). This may be more of an issue wuth the record company. Who (...) (24 years ago, 13-Nov-00, to lugnet.general, lugnet.lego.direct)

Message is in Reply To:
  New stuff at shop.lego.com
 
Hi, I just browsed shop.lego.com and 'mosaic' is added to the 'S@H exclusives' section! The setnumber appears to be 3443 ... Text reads: "Try out the NEW Brick-o-Lizer where you can turn a digital image into a LEGO Mosaic - a picture made of LEGO (...) (24 years ago, 7-Nov-00, to lugnet.general) !! 

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