[amayausers.com] Re: Dakota Collectables Lic (Personal use ONLY)
- From: webmaster@xxxxxxxxxxxxxx
- To: amayausers@xxxxxxxxxxxxx
- Date: Tue, 23 Sep 2008 12:25:37 UT
This message was posted by signman on AmayaUsers.com. PLEASE DO NOT REPLY VIA
EMAIL. Instead, respond to the thread on the WEBSITE by clicking here:
http://www.amayausers.com/boards/ultimatebb.php?/topic/2/30/2.html#000019
I think you have mis-interpreted the court cases...no where in them do I find a
statement from the court that you can 'do what you want with the designs'...
case #1 is pertaining to JURISDICTION of the court only-a semantic seesaw
battle between the lawyers-one claiming the case should be tried in their
state, the other claiming it should be tried in the home state. No where does
it get into 'what' the lawsuit is about other than brief mention of why Dakota
is suing. In fact, here is the last sentence of the case : I. CONCLUSION
Based on the foregoing reasons, the Defendant?s Motion to Dismiss
is GRANTED in part (Docket No. 5). The Plaintiff?s claims against defendant
Barbara Geer are DISMISSED for lack of personal jurisdiction. The claims
against defendant Grand Central Graphics, Inc. remain.
I'll repeat that...THE CLAIMS AGAINST DEFENDANT GRAND CENTRAL GRAPHICS, INC.
REMAIN.
So the court has (at that point) NOT RULED on the copyright infringement, ONLY
on the venue it should be heard in.
Court case #2 again, IS NOT ABOUT USING COPYRIGHTED DESIGNS...it is about
'renting' out the computer 'cards' containing the designs to other users of the
same system. It goes into detail about the rights involved in the COMPUTER
CARDS containing copyrighted artwork, but NOT the artwork itself. As the court
points out-the plaintiff cannot properly sue BECAUSE THEY FAILED TO PROPERLY
REGISTER THE COPYRIGHT ON THE DISKS.
So neither case, in any way, states that you can do what you want with
copyrighted designs!
It has been upheld over and over in many forms-properly copyrighted artwork
CANNOT be reproduced WITHOUT express permission by the copyright owner.
In the case of Dakota, the bulk of their artwork is sold to us for 'copyright
free' embroidery use...but WE cannot 'sell' any of the 'digitized files' to
anyone else to use-THEY are supposed to buy them from Dakota. You cannot make
the claim (in a website, for example) that the artwork is 'yours'...that is
assuming copyright ownership you do not have.
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