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-   -   A couple more 'Dave' parts (http://www.oople.com/forums/showthread.php?t=63558)

bald eagle 02-03-2011 09:51 AM

Quote:

Originally Posted by ch!3f (Post 470284)
arnt you contradicting yourself?read what you have just said!

How is it contradictory? because ive looked at the net to see what shell Daz was running?

Daz, if its all in the thumbs mate, then stop worrying your head about my shiny bits lol :p

In all seriousness, i can see both sides to this situation with regards to Mr mardave v gixxer. Maybe its best left for them both to decide how to tackle the situation.

Kecky 02-03-2011 10:04 AM

If Mr Mardave brings out an alloy version, does that mean Mr Gixxer could counter sue :confused:

Mardavealloydiffpartgate could drag on for Ever :thumbdown:

dirtyghost 02-03-2011 10:19 AM

this should answer all the questions.....

http://www.jisclegal.ac.uk/Portals/1...sentials_2.pdf

I love google, what ever did we do before google, there's loads of info out there on this topic so before discussing it get genned up this pdf should give it a clearer outline.

QuackingPlums 02-03-2011 11:01 AM

Quote:

Originally Posted by ch!3f (Post 470284)
i know hes making copies of his parts and it doenst matter how old the designs are if they have copyright or what ever it is he will be able to prosecute him for it,it doent matter if they are slightly difference in appearance everything else is the same.

I’m not jumping into this (really, I’m not!) but I only asked about how long the parts have been in production because I have been on the other end of this in the past, and it turned out that due to designs only being protected for five years (unless patented) that I couldn’t do a thing about my product being copied. Moreover, if that item happens to be a spare part then the UK law actively prohibits me as an innovator and manufacturer (who has sunk a LOT more money up front into R&D!) from preventing another company from making a “compatible” item! The law is an ass, and never as straightforward as one would assume. Or maybe I just couldn’t afford the decent lawyers... :thumbdown:

ch!3f 02-03-2011 11:16 AM

Quote:

Originally Posted by bald eagle (Post 470307)
How is it contradictory? because ive looked at the net to see what shell Daz was running?

Daz, if its all in the thumbs mate, then stop worrying your head about my shiny bits lol :p

In all seriousness, i can see both sides to this situation with regards to Mr mardave v gixxer. Maybe its best left for them both to decide how to tackle the situation.

thought id clicked the quote button was ment to quote gazza on bout the battery trays

Mardaveuk 02-03-2011 11:17 AM

Hi All
Lets get back to the real reason for all this .
Mr Gixxer could have contacted me and all this would have been avoided but as people have said copy's or no copy's its called Passing Off in legal terms. So i can'r say much more as this is now over to our sollicitors.
But Gixxer we still need a chat.
Chris

PaulL 02-03-2011 11:17 AM

Quote:

Originally Posted by dirtyghost (Post 470315)
this should answer all the questions.....

http://www.jisclegal.ac.uk/Portals/1...sentials_2.pdf

I love google, what ever did we do before google, there's loads of info out there on this topic so before discussing it get genned up this pdf should give it a clearer outline.

That document relates mostly to IP matters like music, television programmes, movies and litterature.

What's relevant here is design rights : http://www.copyrightservice.co.uk/pr..._design_rights

http://www.businesslink.gov.uk/bdotg...type=RESOURCES

It's a very muddy area and very hard to prove an original design, especially when there are similar items out there allready. For example there are other rc cars out there already with triangular shaped wishbones, so nothing new there. Also the diff hub has been around since Cecil Schumacher's days and plenty older cars used them like the rc10L so it's not an original design. Also making parts that are compatible with other manufacturers designs is perfectly acceptable, even if components have to be exact copies. See : http://www.ipo.gov.uk/types/design/d...ht-qualify.htm

Quote :

Quote:

Are there any exceptions to design right?

Yes. Design features enabling one product to be functionally fitted or aesthetically matched to another get no protection. These so-called 'must-fit’ and 'must-match’ exceptions are there so that competing designs for spare parts cannot be kept out of the market.
Competitors cannot be stopped from copying any features of a protected design that enables their own design to be connected to or matched with existing equipment designed by someone else. However, competitors will infringe design right if they copy features of a protected design where there is no need to do so.
I'm not saying Chris doesn't have a point and shouldn't be a bit miffed about other people making parts for his cars, that's understandable, but getting heavy is pointless and besides for sanctioned events and most club events, everybody has to use Mardave parts, so i doubt a few alloy parts are going to damage business much.

QuackingPlums 02-03-2011 11:27 AM

In addition to my previous comment, I would also add that if people just got on the phone and spoke to each other then there would be far fewer lawyers overtaking me in their Porsches on the M40... Just sayin’ :lol:

Dreadstar 02-03-2011 11:42 AM

The main point here is that you can make your own version of anything for your own personal use,without stepping on anyones toes. Where you run into copyright problems,is when you then produce more of the same for sale to others.The only time that you can get away with that though is if you are producing the parts under licence from the copyright holder.

large 02-03-2011 02:34 PM

Quote:

Originally Posted by mcjjordan (Post 469271)
maybe make the base where it meets the chassis flare out a little so larger diameter then it would have more chance of sitting square or not being pulled into the thin alloy where the screws been countersunk.

Matt, hello hows stuff?, Lee Bishop makes a rear pin with a flange on the bottom :thumbsup:

Gazza 02-03-2011 02:38 PM

Quote:

Originally Posted by Mardaveuk (Post 470332)
Hi All
Lets get back to the real reason for all this .
Mr Gixxer could have contacted me and all this would have been avoided but as people have said copy's or no copy's its called Passing Off in legal terms. So i can'r say much more as this is now over to our sollicitors.
But Gixxer we still need a chat.
Chris


Says it all realy. . . . Gixxer call the guy problem solved :thumbsup:

Mardaveuk 02-03-2011 04:37 PM

Asked a number of times still no reply.

Chris

ch!3f 03-03-2011 02:54 AM

Quote:

Originally Posted by Mardaveuk (Post 470499)
Asked a number of times still no reply.

Chris

prob because hes crapping his pants as he knows hes guna get f**ked!

gixxer 03-03-2011 04:09 AM

My god this has got a bit heavy!! Mr mardave has been contacted and can ring me all this over a couple lumps of metal!! Oh yeah and as said earlier on in these posts the chap sellin rear pods and arms better be gettin the same treatment as me!

Happy shit this rc racing think ill pack it in before I start again, oh yeah I even had the cheak to buy a mardave!

gixxer 03-03-2011 04:28 AM

Quote:

Originally Posted by ch!3f (Post 470704)
prob because hes crapping his pants as he knows hes guna get f**ked!

yeah i am nob head!!

gixxer 03-03-2011 04:32 AM

ive noticed alot of you have an opinion then pm me wanting to buy the parts in question???????????? hmmmmmmmmmmmmm

truggy lover 03-03-2011 04:53 AM

lol gixxer post up a list lol would be interesting

Mardaveuk 03-03-2011 07:36 AM

gixxer
i have tried many times but without a number its impossible
As for all this shit all i have asked from you is to call me to discuss
i await reply

Gazza 03-03-2011 10:12 AM

Quote:

Originally Posted by gixxer (Post 470707)
Happy shit this rc racing think ill pack it in before I start again, oh yeah I even had the cheak to buy a mardave!

Works on the same princable of Video / DVD pirate also remember the BBC and people not havein a TV Licence. . .
Its called stealing

What if some one copied stuff where you work and sold them and put you out of work you possable would not like that would you

as for " Happy shit this racing " it is happy its you thats in the wrong why cant you see your a

VIDEO PIRATE

gixxer 03-03-2011 11:58 AM

So it seems the squeeky clean mardave man is upto things that arnt to different buying parts in and baggin em up as ur own to flog on?? Did ya get permission for that?? I don't think so oh yeah what's it like being perfect gazza? Get a life!


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