Tidbits-1/9/07
Sharing Machine Embroidery Designs is LEGAL!!! ROFLOL, ROFLOL
Last night I was sent this interesting message from the “rebel” newsgroup. Reading it, I didn’t know whether to laugh or to wonder at the “naivete” of these wonderful creatures that “share” machine embroidery designs in the name of “sharing”. To share the letter that these wonderful “Pirates of the Embroidery world” have created as their “innocent” disclaimer….uh, I did wonder if they understood the legal meaning of the word “disclaimer”.
News.teranews.com!sam.nntpserver.com!be5.nntpserver.com!10.1.1.100.MISMATCH!nntpserver.com!zeus.nntpserver.com!nx01.iad01.newshosting.com!newshosting.com!64.59.134.4.MISMATCH!pd7cy3no!pd7cy4no!shaw.ca!pd7urf1no.POSTED!53ab2750!not-for-mail
X-Trace-PostClient-IP: 70.66.253.62 From: 5 foot 2 <5foot2@NoMailHere.Invalid> Subject: Disclaimer Statement…Information only Message-ID: X-Newsreader: Forte Agent 2.0/32.652 X-No-Archive: yes MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Lines: 15 Date: Sun, 07 Jan 2007 19:41:24 GMT NNTP-Posting-Host: 24.64.223.206 X-Complaints-To: abuse@shaw.ca X-Trace: pd7urf1no 1168198884 24.64.223.206 (Sun, 07 Jan 2007 12:41:24 MST) NNTP-Posting-Date: Sun, 07 Jan 2007 12:41:24 MST Organization: Shaw Residential Internet
Message:
All of these files are provided for testing purposes only. Your recognition of that condition is installed by your downloading this archive. The poster together with any named person recognized within the supplied documentation has no duty to any user, implied or otherwise. Copyrights remain intact where applicable with all responsibility for compliance remaining with the those accepting the License Agreement/s If you do not understand or recognize the obligations undertaken by your action in taking possession of this archive - DO NOT PROCEED WITH DOWNLOADING.
Disclaimers are generally posted to showcase denial of a legal claim and are wonderful to get out of the “hot water” so to speak. The most interesting part to me however, was the “Shaw Residential Internet” provider and the IP numbers of the service providers giving a direct link to Canada. My memory is not quite great at this time but seems to me one of the major “Pirates” were a husband and wife team out of Canada, was it Calgary, not sure right now.
I had hoped with the New Year starting that perhaps friends around the world would think twice before sharing someone else’s hard work but apparently it seems in our world there does not seem to be any “respect” left. It is take what you want and the more the better. Reminds me of the vultures. A vulture does not care who it eats, even its own kind. Does it sound as if I am disgusted, YOU BET! I think being disgusted is not exactly the correct word that I want to say but I’m being polite.
To share a story about “freedom” and what it means. Many years ago while I was in my birth country of Pakistan, an American Expat decided to share his wealth with the natives. In a very well known open bazaar, he decided to lean out of his US government issued vehicle and throw out One Rupee notes. The result was utter chaos, his vehicle was literally ransacked and eventually the Marines had to get him out of the mob. For months his house was surrounded by all sorts of natives waiting for another one of his generous splurges. In the end, his whole family had to be sent back to the US as his wife and children were devastated by constant harassment. What does Freedom mean? To have rights is a great thing but to respect those rights is indeed Freedom. The “Pirates” who share others hard work are only showcasing their desire for a communist society. What a sad state.
A word of wisdom to friends trying to enter the scene as fighters against Piracy of Machine Embroidery designs: Be brave and be bold. Stand up and showcase your true self. Hiding yourself behind psedonyms only make you look afraid and the “Pirates” will not have any effect from your workings. As for myself, I have no fear where the “Pirates” are concerned and have absolutely no problem in showcasing myself even amongst them. Holding fast to the belief of “what goes around, comes around” and “Truth and Justice will prevail”. AMEN.
Posted: January 9th, 2007 under Journey, Main, machine embroidery, Tidbits..., Copyright and Intellectual Property, ESPC, Ebay and ME.
Comments: 4
Comments
Comment from Janice
Time: February 1, 2007, 9:51 pm
Where and what is the name of the so called “Rebel” newsgroup you are always referring to? I’d like to read for myself what they are saying, so if there really is another “newsgroup”, please tell me how to find it.
I belong to both the Embroidery Organization Information (EOI) and the Copyright & Embroidery (C&E) groups on Yahoo, and there was no such message as quoted above on either of these for the last 3 months, so neither of them can be the “Rebel” group.
Also I’d like to know what the “settlement” terms are in the big Missouri federal case filed by Action Tapes and the ESPC. Any news on that? It was scheduled to be filed by January 29 but apparently hasn’t been done as of yet.
Janice
Comment from Sadia
Time: February 1, 2007, 10:11 pm
Big difference between Yahoo groups and News groups. Yahoo groups are interest groups monitored and maintained by Yahoo. News Groups or binaries are open territories with no such monitoring or maintenance. It is upto each and everyone there who visits. Sharing of designs, sharing of softwares, etc is something that has become a second life style to those who frequent the binaries so to protect (hahaha) their such downloading of designs/softwares, they have invented this little disclaimer to ward off any legal ramnifications if someone sharing there is caught. I don’t believe in spreading the whereabouts of the places to go where sharing is done openly so please excuse but I don’t think I will be sharing that information.
I am not aware of any “big” Federal settlement case pending but I can presume you are referring to the mother/daughter team who run the EOI Yahoo group. It was an out of court settlement. An out of court settlement generally means that both the parties have come to some conclusion regarding the dispute. As both the mother/daughter were selling licensed designs, my guess is that there is a monetary settlement between the two and AT/ESPC. This is only my presumption based upon the numerous out of court settlements that ESPC has come about with several digitizers/embroiderers who were caught selling/sharing illegally. Sadia
Comment from Janice
Time: February 6, 2007, 10:17 pm
I didn’t know about the “news group” you kept referring to, so thanks for the clarification.
Janice
Comment from Sadia
Time: February 17, 2007, 2:08 pm
Not a problem Janice. Hugs, Sadia







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