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A few people have pointed out some legal possibilities here, and I thought I’d
fill in some blanks, having just completed a few IP classes in lawschool. One,
someone could sue Lee for copyright infringement if they think one of his
designs is a copy of theirs. This would be pretty expensive, and even with
treble damages, the costs probably wouldn’t overcome the expenses... without
adding legal fees to the suit, which is possible. Two, Copyright protection is
now AUTOMATIC, you don’t need to put a (C) on your photos or your physical
designs to have protection. If the Bricklink admins hear about this, and think
that there is a risk of an infringement suit, they would be wise to err on the
side of caution, lest they be sued as well. Infringement enablers can be sued
for the infringement they facilitate, see Kazaa, etc.
That said, I doubt anyone would bother to sue Lee, unless they are a bored law
student, looking for a learning experience.
Personally, I would be annoyed if I thought that someone had taken one of my
ideas was trying to pass it off as their own. If they were just posting to
Lugnet or someplace, then I would probably just post a response, showing
everyone my earlier work, and letting them form their own opinions. If I thought
someone was passing off one of my designs are their own and selling it, then I
would be really angry, and probably go out of my way to give them trouble.
I would suggest to Lee that he examine his sets carefully, and think about
whether he has been copying techniques or designs, and then ask permission for
design use, and give credit where due.
-Dan Rubin
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