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 Marketplace / Auctions / 9667
    "Borrowed" Lamborghini Diablo design on Ebay.de —Bram Lambrecht
   Saw this on Brickshelf: (URL) found this to get a closer look at the design: (URL) compare the photos to these: (URL) me, it looks like he tried to copy my design as close as he could, and just changed a few things to make his choice of wheels fit (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Matthias Jaenichen
     I am new here, but what is it you actually complain about? SO having tried to copy your design? Isn't that what happens every day in eBay that people sell things they have not invented? They even swap parts and still claim that it is the same as set (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Øyvind Steinnes
     About this copying thing; has anybody thought of the copyrigt from Lamborghini company?? :) Some of you try to make money on their nice design and well known name. But I'll agree with Matthias, both designs look a bit alike at first, but with closer (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Matthew Gerber
     (...) Probably not what you want to hear, but I think that the two designs are quite different enough from each other...different enough to believe that the one for auction is a completely unique design, created without knowledge of yours. After (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Richard Marchetti
     (...) I agree completely. Plus, I am not really sure it matters whether the auctioned model is an original from the ground up or a derivative work based on Bram's design -- if there are sufficient differences to distinguish it from Bram's then they (...) (22 years ago, 30-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Anders Isaksson
     "Bram Lambrecht" <bram@cwru.edu> skrev i meddelandet news:H7rM1y.DFD@lugnet.com... (...) (URL) (...) As far as I can see, not a brick is the same in the two constructions! Just because yours is the first one you've seen in Lego, you shouldn't (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Adrian Drake
      (...) Not a brick is the same? Oh come now. The techniques to make the side air intakes and rear wheel fenders are IDENTICAL. That being said, there are enough differences that you could probably try to argue that they were independently designed, (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —James Brink
      I see a lot of differences between the two as well. They are both the same car and the same scale, and are going to look a lot alike if done well. I wouldn't be suprised if he saw yours beforehand and got a few ideas, but I don't really think it's a (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Matt Hein
     (...) Taking a look at both constructions, I definitely see a lot of similarities abounding between both models, so I find it very difficult for anyone to argue that this isn't a copy, In which I believe it is. For the record, here's what I found to (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Jon Palmer
     In my opinion this is a direct copy. The only reason this differs at all from Bram's is probably because he couldn't get all the parts he wanted. To say that Bram's Diablo is a rendition of the real car is totally beside the point. Bram spent hours (...) (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Jason S. Mantor
      I don't think it's wrong to sell the service of actually contructing a derivative work for someone, as long as the proper credit is given, but I would and have directly contacted the creators for projects I've executed or even just thought about... (...) (22 years ago, 28-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Tom Reed
     (...) Hi Jon, Actually, I don't see any problem with doing that! I would be flattered if someone found one of my ideas worthy of selling! Personally, I don't even care if they give me credit or not. Who's to say someone else didn't come up with the (...) (22 years ago, 28-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Ken Godawa
     (...) just (...) motors. (...) What exactly do you want? He has every right to do what he is doing. (22 years ago, 27-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Larry Pieniazek
     (...) Let's be careful to distinguish between what one *has* the right to do, and what *is* the right thing to do. Others have posted some great analysis of the legal side of things. I'll leave that to them, (after giving my hearty thanks, I learned (...) (22 years ago, 30-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Richard Marchetti
     (...) There is the law, and then there is the moral overlay. What constitutes sufficient proof of having created the "first" instance of a given, disputed design? I am going to assume that what is being asserted is a claim of authorship for the (...) (22 years ago, 30-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Kerry Raymond
     The thread about the borrowed Lamborghini Diablo design illustrates some significant issues about intellectual property (IP) and the Internet. The facts of the matter are ... 1) content on the Internet can be accessed worldwide (we all know this, I (...) (22 years ago, 28-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Bram Lambrecht
      (...) This doesn't make much sense to me. If I create a sculpture, for example, I own the copyright to the sculpture, because it is a unique creative work, right? So if I build a MOC, I have the copyright to the MOC, not just the pictures of it... (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
     
          Re: Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Ray Silva
       Am I the only that is wondering why we are talking about this to the detail that we are since Lamborghini should be the one that should be worried about an image that I would venture to guess that they own a copyright to? Also, aren't there a very (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
      
           Re: Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Matthias Jaenichen
        "Ray Silva" <socalray@cox.net> schrieb im Newsbeitrag news:H7v817.I2E@lugnet.com... (...) detail (...) about (...) No you are not, and I am still waiting for a comment from Bram about WHAT he is concerned. (...) built (...) This is exactly the (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
      
           Re: Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Kerry Raymond
       (...) No, *she* does not! But we are getting into the areas where the laws of various countries differ. Generally you can only assume that copyright is protecting the text/image and not the idea. For example in Australia ... taken from (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
     
          Re: Intellectual property and the Internet (Was "Borrowed" Lamborghini Diablo design on Ebay.de) —Allan Bedford
      (...) Correct. According to the U.S. Copyright Office: "Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: Intellectual property and the Internet —Thomas Garrison
      (...) the creator of a (...) IANAL, and it's been at least a decade since I read a book on copyright law, but at least in the US copyrights exist as soon as the work is created. In other countries things are different; for example, many require the (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Fair Use vs. Infringement (was: Re: Intellectual property and the Internet) —Colin Robert Gutierrez
     I think this is more accurately treated as a work of art, _not_ an invention. Let me quote Rogers v. Koons and Sonnabend Gallery, Inc. (960 F.2d 301, cert. denied 113 S. Ct. 365). Artist Jeff Koons purchased a notecard with a photograph of a couple (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: Fair Use vs. Infringement (was: Re: Intellectual property and the Internet) —John Henry Kruer
     But the problem with that argument is that, in the case mentioned, the notecard had been copyrighted. If somebody went and stole the design, he could get into trouble for copyright infrigment. The defense argued saying that they hadn't copied very (...) (22 years ago, 31-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: Fair Use vs. Infringement (was: Re: Intellectual property and the Internet) —Colin Robert Gutierrez
     (...) Actually, any creative endeavor is automatically protected by copyright law, regardless of whether or not the creator actually places a copyright symbol there. That, and the more proactive step of actually paying the fee and _applying_ for an (...) (21 years ago, 2-Jan-03, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —William Toenjes
     (...) To inject a bit of levity here, see: (URL) the notice (URL)copyright..you are not allowed to copy my design and try to (...) Not wanting to be at all mean-spirited here (I'm guessing by the spelling errors this is a younger poster) but at (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Scott W. Runyan
     "TooMuchDew" <wtoenjes@attbi.com> wrote in message news:H7v0uI.42r@lugnet.com... (...) piece (...) Yea, straight to me with the address and phone number of the person who buys it. :)) -- Lego is not a toy: it's a way of life! Build on! (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Eric Sophie
     Heavy. In my gut I know this kinda thing suckz. Its hard to put in words. Bare with me. I'd be a little put off too if its true what you suspect. When using Lego to represent certain shapes, contours and designs, for us, using the various shapes and (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Bram Lambrecht
   Well, I contacted the seller, and he apologized. He admitted that he had been inspired by my model and built a similar car. Then, in order to get rid of some white parts and Ferrari wheels, he built another copy to sell. He mentioned that this was a (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Matthias Jaenichen
      "Bram Lambrecht" <bram@cwru.edu> schrieb im Newsbeitrag news:H7wIr4.BL4@lugnet.com... (...) been (...) of (...) his (...) compensate (...) can (...) credit (...) I am sorry to read that you still feel you have more rights here. Hopefully you never (...) (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Bram Lambrecht
      (...) I didn't have a problem with the seller selling a Lego Lamborghini, I had a problem because he was selling my Lego Lamborghini, or a close approximation thereof. If you still don't believe it's copied, see some of the other posts in this (...) (22 years ago, 30-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
     
          Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Rocco J. Carello
      (...) That's funny. When I started reading this thread, the first thing I thought of was "I bet Daniel Siskund would be upset if his blacksmith shop was ripped off and sold." I think it really sucks that your idea was ripped off and sold, especially (...) (22 years ago, 31-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
    
         Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Jon Palmer
     "Matthias Jaenichen" <mj@edv.jaenichen.biz> wrote in message news:upsnua.5k1.ln@g...hen.biz... (...) Hopefully (...) I can't believe this is so hard for some of you to understand. Bram has no problem with someone copying his work. Nobody should. (...) (22 years ago, 30-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Eric Sophie
     Good, it took guts to speak up and say something. Plus you found out what you suspected. wow. e (22 years ago, 29-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
   
        Re: "Borrowed" Lamborghini Diablo design on Ebay.de —Mark Neumann
   Ultimately this may be the best thing to happen. There's some understanding and a whole lot of us learned something from it. I wonder though, where do you plan to go from here? Did the apology suffice? I suppose you could ask for some of the money (...) (22 years ago, 31-Dec-02, to lugnet.market.auction, lugnet.general, lugnet.loc.de)
 

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