Glassing a new wooden Boat

[pistnbroke]

I have promoted your site on UK boat owners internet sites particularly one with owners with small outboard engines looking for a boat to put it on . I dont see the difference in refering MJboats to your website and Morgan where he can see all the photos for free or giving him and others a preview ....All advertising is good advertising and many on this site are british and multi national tranients / Please keep Carene on your site its very popular.
UPDATE...... No he has deleted it .and all the construction photos of Morgan...To what end ???...you will need to go to the bottom of the page on http://pageperso-orange.fr/robert.laine to get a copy of Carene

[dskira]

Originally Posted by epoxymanuk

Hi Daniel
I own all the stock and the only promotion offered was for hull development software that we give away freely, and as we only ship within the UK I do not see the advantage of the so called promotion of my company.
Regards
Rob

Good for you, you must be born wealthy.
Daniel

[Stumble]

Epoxymanuk,

You are joking right? You think that someone reposting pictures from your website is a copyright violation? Get a clue.

Now in fairness I am an attorney in the US not England so it is possible that you have different laws, but on this I doubt it since we inherited our copyright laws from you.

Just a little exert from the US code on the Fair Use doctrine:

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Basically since the use here was
1) non-commercial, isn't intended to general revenue for the poster, you would loose on the first factor.
2) Your copyrighted work would be considered advertizing which is given relatively slim protections due to the advantage to the parent company it it is reproduced so you loose here too
3) He didn't copy your entire website, nor did he present it as his own work, so you loose here as well.
4) If anything this would count as free advertizing for you and if anything increase the value of your copyrighted work not decrease it, by increasing the commercial value of your business.


Again I am sure that there are some slight differences between US and British copyright law, but I doubt they are significant enough to change the results in this case. And I am not sure it matters anyway since this website is based in the US everything here is subject to its laws.

However I am sure you were able to piss off a bunch of prospective buyers by acting like a douche.

[epoxymanuk]

Originally Posted by Stumble

Epoxymanuk,

You are joking right? You think that someone reposting pictures from your website is a copyright violation? Get a clue.

Now in fairness I am an attorney in the US not England so it is possible that you have different laws, but on this I doubt it since we inherited our copyright laws from you.

Just a little exert from the US code on the Fair Use doctrine:

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Basically since the use here was
1) non-commercial, isn't intended to general revenue for the poster, you would loose on the first factor.
2) Your copyrighted work would be considered advertizing which is given relatively slim protections due to the advantage to the parent company it it is reproduced so you loose here too
3) He didn't copy your entire website, nor did he present it as his own work, so you loose here as well.
4) If anything this would count as free advertizing for you and if anything increase the value of your copyrighted work not decrease it, by increasing the commercial value of your business.


Again I am sure that there are some slight differences between US and British copyright law, but I doubt they are significant enough to change the results in this case. And I am not sure it matters anyway since this website is based in the US everything here is subject to its laws.

However I am sure you were able to piss off a bunch of prospective buyers by acting like a douche.

Hi I will give you the courtesy of addressing you as Captain the request I made was simply that it would be nice to be asked for the the use of information from my site. As for your interpretation of the law both in the UK and Europe I would challenge it, but like a lot of your countrymen you seem to have a belief that you know better than the rest of the world. I have spent 48 years building up a company that is successful and I do not need advice from people on how I should run it, as for your final comments it only shows the level of your intellect. I think you should spend a little more time thinking before you type.
Regards
Rob

[Stumble]

Epoxy,

You are right US law does not apply necissarily in the UK, though the conflicts of law clauses of the relavent treaties on copyright would likely determine that US law would apply in this case since the website the copyright infringment occured on is a US based site. That aside assuming UK law would apply the relevant law would be The Copyright, Designs and Patents Act 1988 (CDPA) and its ammendments which include the following. "Fair dealing is limited to the following purposes: research and private study (both must be non-commercial), criticism, review, and news reporting (s. 29, 30, 178).

Fair Dealing by the way is similar in concept to the US Fair Use doctrine such that they are both defenses to a claim of copyright infringment. In this case the defendant would certainly argue that the use on a website such as this falls within the pervue of research, private study, criticism, and possibly review.

Secondly failing any ability on your part to show how the possible infringment lead to any actual or possible damages on your part even if the infringment were shown to occur (which I doubt) you would collect at best nominal damages (usually nothing), and get injunctive relief.

[hoytedow]

I get really cheezed off by people when someone tries to do a good turn by promoting them and giving their products recommendations and free exposure in their own country and elsewhere and they respond with tort threats. Now let's all play nice and try to put this all behind us. I am sure the products are good or piiston would not have recommended them. He has good reputation and standing here and he is listened to, which is good for any product he recommends. Can we get back to the thread now?

[pistnbroke]

The last word....Well our good friend rob must be very sensitive as he has taken the offer of Free Carene software off his site .....and removed all the construction photos of the Boat Morgan
You will have to go to Robert Laines own site http://pagesperso-orange.fr/robert.laine .Carene is at the bottom of the page ........

Talk about shooting yourself in the foot......

[alan white]

Originally Posted by mjboats

Yes alan right now it is just bare ply, well i am still working on the framework but i am going to have ply on this week, It 12' long and has a beam of 52", I will uploads some picture soon, thanks for the great advice I will look at those pics,, mj

Sounds good, MJ. I look forward to those pictures.

[rasorinc]

http://www.raka.com/