Ethical question
#76
Senior Member
Joined: Oct 2006
Posts: 433
Likes: 1
From: Outside..somewhere
Bikes: Fuji, Specialized, Cannondale, Columbia
There are two types of US Copyrights: In layman's terms Registered Copyrights give you the right to sue for infringement as well as damages. Non registered give you the right to sue for infringement. You no longer are required to even put the old copyrights logo on anything. Registering just makes it easier to sue.
#78
Elitist Troglodyte
Joined: Jun 2006
Posts: 6,926
Likes: 3
From: Dallas
Bikes: 03 Raleigh Professional (steel)
First, you're assuming that the lack of a copyright notice means that there is no enforceable copyright on the work. Incorrect! Copyright inheres in the work when it is first created. There is no registration or declaration required. Under the Berne Convention, of which both U.S.A. and Canada are signatories, a notice is suggested but not required.
Second, you're assuming that your ethical dilemma is controlled by copyright law. The copyright is on the plans, not on the frame. It's doubtful that it is trademarked or patented, so I see no legal bar to duplicating the frame. (IANAL)
Third, your ethics should not reduce to "Will I get sued or jailed for it?" if you have a conscience, what does it tell you? "Psst! Pass the buck by asking online."
If you want your bases covered in all directions, write the company and ask if you may use the plans as the basis for a custom-built bike. Since they sent them in the first place, I rather doubt they'd have a problem with it.
But are you sure you want to do this? Do you know if the frame fits you?
Second, you're assuming that your ethical dilemma is controlled by copyright law. The copyright is on the plans, not on the frame. It's doubtful that it is trademarked or patented, so I see no legal bar to duplicating the frame. (IANAL)
Third, your ethics should not reduce to "Will I get sued or jailed for it?" if you have a conscience, what does it tell you? "Psst! Pass the buck by asking online."
If you want your bases covered in all directions, write the company and ask if you may use the plans as the basis for a custom-built bike. Since they sent them in the first place, I rather doubt they'd have a problem with it.
But are you sure you want to do this? Do you know if the frame fits you?
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Last edited by DMF; 07-23-10 at 12:08 PM.
#79
Preachers are also not in short supply.
I've seen one wag on here who has a quote in his signature something like "I wish I'd never started this stupid thread" . . .
Actually the whole situation has come and gone, a tempest in a teacup. Only this thread lingers on . . .
But again, Thanks to those who are being genuinely helpful. Can we stop already?
I've seen one wag on here who has a quote in his signature something like "I wish I'd never started this stupid thread" . . .
Actually the whole situation has come and gone, a tempest in a teacup. Only this thread lingers on . . .
But again, Thanks to those who are being genuinely helpful. Can we stop already?
#80
wannabe
Joined: Aug 2005
Posts: 273
Likes: 0
From: San Diego
Wow Clark, you really opened a can of worms. I'm considering a Ti frame myself. I didn't see mention of one considration but I'm sure many share the notion. As with any purchase, I simply try to buy local as a way to support my neighbor. I don't have anything against Aisa. They are just trying to survive like the rest of us. Good luck with your choice.
#82
Senior Member

Joined: Mar 2004
Posts: 1,664
Likes: 3
From: San Diego, CA
Bikes: See sig.
If i don't have them mixed up with somebody else, I believe I went to their website and their prices were way higher than habernero, which I think is an OK company and who i will probably end up using. Of course, Hab's frames are definitely made in China and i've heard it said they're made by XACD. But mark is an OK Dude and patiently helpful, so he's probably worth $500 more than XACD, since with him there's a really good chance of getting an excellent frame that will serve me perfectly. One little glitch in the XACD plans and I've spent $700 on a large paperweight.
#83
Senior Member
Joined: Mar 2008
Posts: 912
Likes: 0
From: kennett sq. pa
Bikes: 2008 Lynskey R220 2005 Lemond
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