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> Someone pissed off Jake & Len, replicating LE heads
davep
post Nov 25 2008, 02:07 PM
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a new thread on Air Cooled Technology:

http://forums.aircooledtechnology.com/show...23001#post23001

it was not a smart move on someones part. (IMG:style_emoticons/default/popcorn[1].gif)
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DBCooper
post Nov 26 2008, 04:34 PM
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This has been blown WAY out of proportion. From what I read SOMEONE said "Could I buy a head so I could copy it? Hardy har har."

That's it, nothing more. Probably just a bad joke, like the ones you restrain yourself from blurting out in airport security. It's the wrong thing to say at the wrong time to the wrong person, so instead of getting a laugh we now have a full season's worth of drama.
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davep
post Nov 26 2008, 06:56 PM
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QUOTE(DBCooper @ Nov 26 2008, 02:34 PM) *

From what I read SOMEONE said "Could I buy a head so I could copy it? Hardy har har."

Then you had better go back and read from the horse's mouth.
"he asked the caller why he wanted to see one, he replied that he wanted to BORROW one for replication"
That is the lowest level of IP theft!
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DBCooper
post Nov 26 2008, 08:08 PM
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QUOTE(davep @ Nov 26 2008, 04:56 PM) *

QUOTE(DBCooper @ Nov 26 2008, 02:34 PM) *

From what I read SOMEONE said "Could I buy a head so I could copy it? Hardy har har."

Then you had better go back and read from the horse's mouth.
"he asked the caller why he wanted to see one, he replied that he wanted to BORROW one for replication"
That is the lowest level of IP theft!


It's not possible to go back an re-read the thread now because the link won't let you into those forums. But this whole story smells funny. So tell me since I can't re-read it, who was the "he" who asked "the caller"? And who was the caller? A competitor? Or was it just some yahoo on the phone making sarcastic joke? Do you know? Does Jake?

If somebody asked me a stupid question like "why do you want to see it?" [when I might want to see it before I bought it just because it costs so much] I might make some stupid sarcastic remark too. So what exactly was the story? Did anything happen at all? Or is all this just pointless drama because someone was trying to make a funny?
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r_towle
post Nov 26 2008, 08:38 PM
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QUOTE(DBCooper @ Nov 26 2008, 09:08 PM) *

QUOTE(davep @ Nov 26 2008, 04:56 PM) *

QUOTE(DBCooper @ Nov 26 2008, 02:34 PM) *

From what I read SOMEONE said "Could I buy a head so I could copy it? Hardy har har."

Then you had better go back and read from the horse's mouth.
"he asked the caller why he wanted to see one, he replied that he wanted to BORROW one for replication"
That is the lowest level of IP theft!


It's not possible to go back an re-read the thread now because the link won't let you into those forums. But this whole story smells funny. So tell me since I can't re-read it, who was the "he" who asked "the caller"? And who was the caller? A competitor? Or was it just some yahoo on the phone making sarcastic joke? Do you know? Does Jake?

If somebody asked me a stupid question like "why do you want to see it?" [when I might want to see it before I bought it just because it costs so much] I might make some stupid sarcastic remark too. So what exactly was the story? Did anything happen at all? Or is all this just pointless drama because someone was trying to make a funny?


DB...
For whatever reason you seem to have a hair accross your ass about this.
For legal reasons, no one should need to know who this person is, or have the ability to slander this person during the investigation and legal proceedings...

DB...legal rules would allow this person to get away with it and accuse Jake/Len of something worse in the process just so YOU get to know who it is.
Dont take that the wrong way, but please think about what you are asking and the consequences to Jake and Len...

This issue is being dealt with by Jake and Len...it was posted here so that if and when you happen to see heads that are copies that may or may not pop up on Ebay some day....you might remember.

It was posted by a client, not by Jake. Both Jake and Len came here to explain and defend their business practices...they did not come here for your approval or judgement on the case.

IP law and the protection of IP, including tradmemarks like VW , Beetle, Porsche has been going on for ages...nothing wrong with a business standing up for its rights.

Rich
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Chris Hamilton
post Nov 26 2008, 08:55 PM
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QUOTE(r_towle @ Nov 26 2008, 06:38 PM) *

DB...
For whatever reason you seem to have a hair accross your ass about this.
For legal reasons, no one should need to know who this person is, or have the ability to slander this person during the investigation and legal proceedings...

DB...legal rules would allow this person to get away with it and accuse Jake/Len of something worse in the process just so YOU get to know who it is.
Dont take that the wrong way, but please think about what you are asking and the consequences to Jake and Len...

This issue is being dealt with by Jake and Len...it was posted here so that if and when you happen to see heads that are copies that may or may not pop up on Ebay some day....you might remember.

It was posted by a client, not by Jake. Both Jake and Len came here to explain and defend their business practices...they did not come here for your approval or judgement on the case.

IP law and the protection of IP, including tradmemarks like VW , Beetle, Porsche has been going on for ages...nothing wrong with a business standing up for its rights.

Rich


For it to be "intellectual property" don't you need to prove that it belongs to you and not anyone else? ( i.e. patent it ?)
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SirAndy
post Nov 26 2008, 11:09 PM
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QUOTE(Chris Hamilton @ Nov 26 2008, 06:55 PM) *

For it to be "intellectual property" don't you need to prove that it belongs to you and not anyone else?

Sure, but neither Len nor Jake need to prove anything to *YOU* ...

So, legally, it's perfectly fine that they refrain from giving any information on the subject in a public forum.

I know your beef with Jake, so i know where you're coming from ...
(IMG:style_emoticons/default/shades.gif) Andy
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Chris Hamilton
post Nov 26 2008, 11:16 PM
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QUOTE(SirAndy @ Nov 26 2008, 09:09 PM) *

QUOTE(Chris Hamilton @ Nov 26 2008, 06:55 PM) *

For it to be "intellectual property" don't you need to prove that it belongs to you and not anyone else?

Sure, but neither Len nor Jake need to prove anything to *YOU* ...

So, legally, it's perfectly fine that they refrain from giving any information on the subject in a public forum.

I know your beef with Jake, so i know where you're coming from ...
(IMG:style_emoticons/default/shades.gif) Andy


I was asking in a purely hypothetical sense, but hey it's your forum if you don't want me asking. (IMG:style_emoticons/default/beerchug.gif)
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ArtechnikA
post Nov 27 2008, 05:14 AM
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QUOTE(Chris Hamilton @ Nov 27 2008, 12:16 AM) *

QUOTE(Chris Hamilton @ Nov 26 2008, 06:55 PM) *

For it to be "intellectual property" don't you need to prove that it belongs to you and not anyone else?


I was asking in a purely hypothetical sense, but hey it's your forum if you don't want me asking.

OK - as long as we're talking generalities, the short answer is no.

For it to be -your- intellectual property, you will need to prove it belongs to you in order to prevail in legal action.

It's always IP, so it's not a matter of when does it become such - it becomes such at the moment of conception. It's a matter of ownership, and that's quite a different matter, especially as there are different forms of protection available depending on the form of the IP.

*generally* - you can patent a 'thing' which (as originally conceived) means you can charge others a fee (the royalty) for the reproduction of the thing. (It was not intended as a means of granting you the exclusive right to manufacture, but that is its current effect.) And patent history is rife with people who were able to patent someone else's idea first, thereby gaining legal ownership of the rights. And there are even lots of cases where multiple people, working completely independently, came up with the same ideas at essentially the same time. (These are almost exclusively from the pre-Internet-universally connected days. I don't think there are many patents filed these days by people working completely independently...)

In today's world, tho, the patent process exposes many details to the public, and producing an actual product does the same. What if your factory has a special widget-making machine that uses some unique process by which it's possible for you to make widgets cheaper, faster, and better than any one else? Is there protection for that? Sure - it's called 'trade secret' and the thing is - you must treat it as secret. Label the files - put measure in place to make sure they do not escape - make everyone who sees the material sign nondisclosure statements...

(As long as we're talking hypothetical generalities, here's a HYPOTHETICAL drawn from the material in this thread. Suppose you have a cylinder head that's just a normal production-car cylinder head. But you have a machining process using post-industrial dilithium crystals and a coolant bath of hummingbird spit that lets you cut valve seats in one second. You don't patent that process because you never plan to mass-product the machine, and if the secret were out, every one would do it. Treat it like a secret, and if some one steals the idea, you have a cause of action.) I gather that there is an element of this in play here.

Copyright protects 'an expression.' A picture - a painting - a story. It's the property of the maker the moment it's made. Currently I believe the duration of a copyright is life of the maker plus 75 years, but it's changed several times through the years. But it is the expression that is protected - not the idea. You may feel "Romeo and Juliet" was a shameless ripoff of "West Side Story" but most would agree the difference is in the telling...

Copyrights are fairly easy to give away, unfortunately, especially in these Internet days, and I am not qualified to post specifics. Suffice to say that it's probably best to display the copyright you claim along with the material you want protected. There are levels of copyright protection that involve government registration of interest of serious, professional generators of protectable content - photographers, writers, musicians - like that. Way beyond the scope of this thread...

Trademark and servicemark exist to give you the (more or less) exclusive right to a word or phrase to identify your product. e.g. - Porsche claims 'visual trademark' on the unique shapes of (most of) their cars, including 911 and 928 (but not 914...). Some things (like numbers...) can't be trademarked, which is why the "next generation" of Intel computer processor, following the 8086. 80186, 80286, 80386, and 80486 was - ta da - 'Pentium.' (AMD was starting to use "x86" numbering...) And yes, we all know the '911' isn't a '901' because Peugeot complained about the "middle zero." French laws are different...

And you can't get a registered trademark on everyday words with common meanings. Like "Windows." (OK, bad example...)

Lots of technical products have *multiple layers* of protectable IP. A computer chip may have a patentable circuit implemented with a patented ion deposition process using a patented combination of rare gasses making a computer with copyrighted fabrication layout graphics and schematics and principals of operation, with a trade-secret fabrication foundry machine resulting in a part with a trademarked name.

Of course, this is all an existential and legal issue.

Something _is_ intellectual property as soon as it's created.
It _might be_ yours legally, unless someone else files to protect it first (and they had a right to do so, meaning they came by the material legitimately). It doesn't have to be yours for you to claim it's yours, which is when the lawyers get involved...

You don't have to file for any kind of government protection for IP to *be* yours, but in many cases it strengthens your position (a lot). Like many rights, they can be lost or given away. If you don't act like you want something protected, generally, your protections will be lost. (This thread is about Jake and Len acting like they want their stuff protected.)
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Posts in this topic
davep   Someone pissed off Jake & Len   Nov 25 2008, 02:07 PM
ONTHEGRIND   :rolleyes:   Nov 25 2008, 02:13 PM
p914   a new thread on Air Cooled Technology: http://fo...   Nov 25 2008, 02:13 PM
Drums66   :popcorn:   Nov 25 2008, 02:14 PM
ericread   Just for the record; I didn't do it! Eri...   Nov 25 2008, 02:18 PM
DBCooper   Ididn't either, but that won't go anywhere...   Nov 25 2008, 02:36 PM
jimkelly   oh come on - i was whittleing a 2.0 head out of a ...   Nov 25 2008, 02:38 PM
Thomas J Bliznik   I didn't do it!!!! I recently...   Nov 25 2008, 02:57 PM
r_towle   That sucks. Its happened to him before and it just...   Nov 25 2008, 03:01 PM
Todd Enlund   I guess the nice part of the Internet is that wor...   Nov 25 2008, 03:19 PM
brer   Carbon copying Len's ports is not cool, and th...   Nov 25 2008, 03:42 PM
pete-stevers   i dunno.... i think jake makes a great product, no...   Nov 25 2008, 05:08 PM
Rob Ways   Geez. Jake and Len are good guys. They have more i...   Nov 25 2008, 06:07 PM
HAM Inc   In this digital age we live in, that statement c...   Nov 25 2008, 06:12 PM
904svo   In this digital age we live in, that statement ...   Nov 25 2008, 06:21 PM
kwales   Looks like Jake has branded his products. You go ...   Nov 25 2008, 06:52 PM
914Sixer   Damm, nothing is safe any more! But there is ...   Nov 25 2008, 07:06 PM
Joe Owensby   It is not cool copying something that was develope...   Nov 25 2008, 08:40 PM
Chris Hamilton   Well he certainly knows how to talk big... I don...   Nov 25 2008, 08:54 PM
Jake Raby   For the record: I have never banned anyone from my...   Nov 25 2008, 08:56 PM
DBCooper   Now lets address this: Absolutely incorrect. Peo...   Nov 25 2008, 10:18 PM
SirAndy   No patent, no trademark, then no intellectual pro...   Nov 26 2008, 12:10 AM
CliffBraun   No patent, no trademark, then no intellectual pr...   Nov 26 2008, 12:15 AM
SirAndy   which isn't anything close to the issue here ...   Nov 26 2008, 12:25 AM
NineOneFour   [quote name='SirAndy' post='1105625' date='Nov 25...   Nov 26 2008, 12:30 AM
CliffBraun   [quote name='SirAndy' post='1105625' date='Nov 2...   Nov 26 2008, 12:45 AM
biosurfer1   Was he trying to replicate them for his own use or...   Nov 25 2008, 09:05 PM
Chris Hamilton   Was he trying to replicate them for his own use o...   Nov 25 2008, 09:13 PM
CliffBraun   Was he trying to replicate them for his own use ...   Nov 25 2008, 09:29 PM
brer   Was he trying to replicate them for his own use o...   Nov 25 2008, 09:50 PM
flippa   Kick their ass Jake!!!!!! ...   Nov 25 2008, 09:41 PM
championgt1   Kick their ass Jake!!!!!...   Nov 26 2008, 12:12 AM
Jake Raby   Mr. Hamilton, Are you a Lawyer or just a regular s...   Nov 25 2008, 09:52 PM
Chris Hamilton   Mr. Hamilton, Are you a Lawyer or just a regular ...   Nov 26 2008, 12:20 AM
TimT   wait didn't you post that? on your own site...   Nov 25 2008, 09:57 PM
Phoenix 914-6GT   <_<   Nov 25 2008, 10:14 PM
biosurfer1   Not trying to stir the pot here, just trying to un...   Nov 25 2008, 10:45 PM
CliffBraun   Not trying to stir the pot here, just trying to u...   Nov 25 2008, 10:54 PM
Cevan   Not trying to stir the pot here, just trying to u...   Nov 26 2008, 07:15 AM
DBCooper   Porsche would have a better claim against Jake tha...   Nov 25 2008, 10:51 PM
LarryR   I was cloned and had my software engineering secre...   Nov 25 2008, 11:32 PM
George H.   registration is down due to spammer attacks   Nov 26 2008, 12:41 AM
Jake Raby   My forums have been closed to new registrations fo...   Nov 26 2008, 04:38 AM
ArtechnikA   FWIW - it's widely believed (a belief CMW cont...   Nov 26 2008, 06:08 AM
DBCooper   Clearly there are forms of automotive industrial ...   Nov 26 2008, 07:20 AM
HAM Inc   Just for the record, our LE-180 design (so named b...   Nov 26 2008, 09:09 AM
Chris Hamilton   Just for the record, our LE-180 design (so named ...   Nov 26 2008, 09:35 AM
Joe Owensby   Just for the record, our LE-180 design (so named...   Nov 26 2008, 10:22 AM
DBCooper   Try the Google patent search, it's really good...   Nov 26 2008, 10:33 AM
Jake Raby   Very correct, unless they are used in complete e...   Nov 26 2008, 10:33 AM
r_towle   Very correct, unless they are used in complete ...   Nov 26 2008, 11:16 AM
Jake Raby   Correct. We find it funny that the same day we f...   Nov 26 2008, 12:05 PM
ONTHEGRIND   You should have never created this thread... If ...   Nov 26 2008, 12:10 PM
LarryR   You should have never created this thread... If...   Nov 26 2008, 12:14 PM
ONTHEGRIND   You should have never created this thread... I...   Nov 26 2008, 12:25 PM
brer   You should have never created this thread... I...   Nov 26 2008, 01:34 PM
HAM Inc   Yep... I just finished my lunch and now I'm ...   Nov 26 2008, 12:19 PM
r_towle   Not to change the subject, but I know both Jake an...   Nov 26 2008, 12:39 PM
ericread   Not to change the subject, but I know both Jake a...   Nov 26 2008, 01:06 PM
Thomas J Bliznik   Hi All, I really enjoy these posts. Very interes...   Nov 26 2008, 12:51 PM
Jake Raby   Hi All, I really enjoy these posts. Very intere...   Nov 26 2008, 01:16 PM
Twise   I would have just beat his ass. Take care Jake...   Nov 26 2008, 01:37 PM
biosurfer1   I would have just beat his ass. Take care Jake.....   Nov 26 2008, 01:55 PM
Jake Raby   I'd think we'd have to release something...   Nov 26 2008, 02:17 PM
brer   I'd think we'd have to release somethin...   Nov 26 2008, 04:22 PM
Phoenix 914-6GT   I cannot log on and read Jakes forum since I am no...   Nov 26 2008, 02:24 PM
Jake Raby   So, someone gets poor reviews when they take up ...   Nov 26 2008, 02:34 PM
Phoenix 914-6GT   So, someone gets poor reviews when they take up...   Nov 26 2008, 02:40 PM
CliffBraun   So, someone gets poor reviews when they take u...   Nov 26 2008, 03:10 PM
ArtechnikA   I also enjoy that you've just stated that you...   Nov 26 2008, 03:23 PM
SirAndy   I also enjoy that you've just stated that you...   Nov 26 2008, 05:11 PM
davep   And remember: I started a thread on my private fo...   Nov 26 2008, 03:46 PM
Phoenix 914-6GT   And remember: I started a thread on my private f...   Nov 26 2008, 03:56 PM
CliffBraun   And remember: I started a thread on my private f...   Nov 26 2008, 03:58 PM
Jake Raby   The problem is simple. Someone has tried to replic...   Nov 26 2008, 03:10 PM
96740   +1 ------------ I tried to register to read for ...   Nov 26 2008, 03:11 PM
Jake Raby   +1 ------------ I tried to register to read for...   Nov 26 2008, 03:23 PM
96740   Understood. I'm on a couple of forums that...   Nov 26 2008, 04:05 PM
Phoenix 914-6GT   Understood. I'm on a couple of forums tha...   Nov 26 2008, 04:09 PM
HAM Inc   Wow! How you drew that conclusion is a bit of...   Nov 26 2008, 04:31 PM
DBCooper   This has been blown WAY out of proportion. From w...   Nov 26 2008, 04:34 PM
davep   From what I read SOMEONE said "Could I buy a...   Nov 26 2008, 06:56 PM
DBCooper   From what I read SOMEONE said "Could I buy ...   Nov 26 2008, 08:08 PM
r_towle   [quote name='davep' post='1105906' date='Nov 26 2...   Nov 26 2008, 08:38 PM
Chris Hamilton   DB... For whatever reason you seem to have a hair...   Nov 26 2008, 08:55 PM
r_towle   DB... For whatever reason you seem to have a hai...   Nov 26 2008, 09:27 PM
SirAndy   For it to be "intellectual property" do...   Nov 26 2008, 11:09 PM
Chris Hamilton   For it to be "intellectual property" d...   Nov 26 2008, 11:16 PM
ArtechnikA   For it to be "intellectual property" d...   Nov 27 2008, 05:14 AM
George H.   DB... For whatever reason you seem to have a hair...   Nov 26 2008, 09:43 PM
DBCooper   It's not possible to go back an re-read the...   Nov 27 2008, 07:53 AM
Jake Raby   My forum is not new, it has over 3,000 members and...   Nov 26 2008, 04:48 PM
tod914   It's great to see people as passionate about t...   Nov 26 2008, 05:47 PM
Rob Ways   In almost every industry, designs get "improv...   Nov 26 2008, 05:47 PM
HAM Inc   DB the info came to me from a credible source. A c...   Nov 27 2008, 10:18 AM
Phoenix 914-6GT   Len, thanks for writing all that. It really helps ...   Nov 27 2008, 12:16 PM
stepuptotheMike   Geez guys. Go eat some turkey and drink some scot...   Nov 27 2008, 01:03 PM
DBCooper   Thanks, Len, excellent and levelheaded explanation...   Nov 28 2008, 07:46 AM
KaptKaos   I still think it strange and incredibly stupid th...   Nov 28 2008, 12:47 PM
RJMII   Len, that was really well put.   Nov 28 2008, 01:10 PM


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