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In lugnet.market.buy-sell-trade, Lee Meyer wrote:
> The fact is, I have adopted design techniques and made ships that have much
> in common with other peoples' creations. I have credited some, some after
> they contacted me asking if I based a design on one of their ships. I just
> don't think people are sitting around here waiting for credits when someone
> else uses a technique they use. Why are we all not crediting the guy/gal who
> first began SNOT every time we build a ship with SNOT techniques? How about
> the guy who first used wheels as engines?
Well, there's a difference between a small technique and a whole MOC. Take
Lego's skate park and MegaBlok's:
http://img.lugnet.com/display.cgi?set/new/upload/6738-1-1043714077.jpg
http://www.megabloks.com/images/img_site/produit/67_p1.jpg
They're not even as similar as your designs are to their original creators', but
it was still (as I hear) worthy of a lawsuit. I imagine that if someone so
desired, that they could waste both their time and yours (and money) on taking
you to court over *selling* their intellectual property.
It's true, and you're right, there is a line somewhere in there that it's ok to
cross, but my guess is that any judge or jury would agree that you took people's
possibly copyrighted designs and sold them without their permission, and that
they would be entitled to (minimal) compensation, if only insofar as forcing you
to stop selling the set(s).
> It isn't your place or anyone else's place to question me and prejudge me if
> I have credited another's design. It is my call,
Just to point something out here. It's one thing to copy a MOC. It's quite
another to SELL someone else's idea without compensating them, crediting them,
or asking their permission. If you make a MOC and publish it, and it's based 99%
on someone else's, it's your call whether or not to credit it. People may
disagree with your decision, but you're right, it IS your call. But if you want
to SELL that set, it technically ISN'T your call, it's the original creator's.
> If I don't think it's a big enough thing, I don't believe I must
> credit someone else.
You could probably get away with speeding at 35mph in a 30mph zone, putting the
Lego logo on your website, rebroadcasting a mid-year baseball game at a college
campus, or sharing music files on the internet. Chances are nobody will come
after you for it. But it's still not technically "right".
Some advice for the moment:
For your sake, I would advise you to apologize and credit those who are
uncredited in your current sales. Also obtain the permission of those whose
permission you haven't yet gotten. And publically state so. I wouldn't be
suprised that if you don't, people may report this action to BrickLink, and
insist that those sales are removed, or (even worse) that your store be
suspended. And, if I were the BrickLink admins, I'd probably do just that, until
you got permission. Arguing that you were right to recreate and sell other
people's ideas is only likely to bring you MORE attention, and increase the
chances of someone reporting you. I honestly mean no offense or anything, and I
don't mean to sound overly insisting, but I would try to be more apologetic in
your position.
DaveE
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