Craft Edge

72. Defendants are infringing these copyrights by, among other things, making
unauthorized copies of the copyrighted patterns, and hosting the gallery that includes and
displays unauthorized copies.

I'm not worried about personal use. Just about posting copies of copyrighted images like Disneys here because of this part of the PC complaint.

PC has paid a license fee to Disney to use their characters in their cartridges so they may go after Todd for SCAL too if we push them too far like MTC did.

Reddy wrote:I like to use Disney coloring book pages & have them on my blog -- I do state that I can't sell since it is a Disney copyright image & share the files for free.

I also wonder if the people who go into CDS & printscrn the images would get PC in here sueing for using their images (I was thinking about trying that but forgot where I saw the instructions so I haven't done that yet)

It may not be enough that you give them away for free. Unless the image came with a disclaimer SAYING you can distribute or share the image, it's not yours to distribute (if it does, you need to post the disclaimer with your files). When you watch a dvd or video, do you see the FBI warning on it? It specifies 'without profit'.

I used to design knitwear and copyright issues were a pain and a half. Disney is maniacal about their property - they were even saying that if you knit a sweater out of a Disney pattern book, you couldn't GIVE it away, it was only for personal use. Whether it would be enforceable or not remains to be seen. But I wouldn't be caught with Disney images myself, there's no telling when their jackbooted thugs will show up and make an example out of you.

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GrammyKrausse wrote:do I read this correctly that third parties are be included in the lawsuit? Like the ones that sale or advertise the software on their sites/blogs. NOt just MTC but some of our people that sale die cuts as well as MTC. I didn't however see them mentioned by name like they do the MTC.

They are not named as defendants in the first part of the complaint, but PC is asking the court to halt sales of any MTC or related products so that would apply to dealers and third parties.

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GrammyKrausse wrote:Did PC steal from this lady and her idea with the cake machine. This is about cake icing and her meeting with provo craft way last year. Here is a url and really interesting read. Wonder if she has a lawsuit since she had her lawyers involved in the meeting

http://deseretdesigns.com/rich_text_1.html

Wow. All I can say is she should not have showed them anything without them signing something. We sign non-disclosure agreements here at work when a customer comes in with a new design. They should have done the same. Makes me wonder even more about PC!

do I read this correctly that third parties are be included in the lawsuit? Like the ones that sale or advertise the software on their sites/blogs. NOt just MTC but some of our people that sale die cuts as well as MTC. I didn't however see them mentioned by name like they do the MTC.

What this will do is give them the ability to file an immediate "cease and desist" to any blog or other site where they see designs that they have copyrighted are being given away or sold. The liklihood is that they will not use it on small potatoes, but it will be in their legal corner and available at a moment's notice once ruled upon should they desire to.

I hope the cake lady, if she was the original one, gets some retribution.

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GrammyKrausse wrote:Did PC steal from this lady and her idea with the cake machine. This is about cake icing and her meeting with provo craft way last year. Here is a url and really interesting read. Wonder if she has a lawsuit since she had her lawyers involved in the meeting

http://deseretdesigns.com/rich_text_1.html

Here is PC's side of the story - from the Cricut website.


QUOTE
A brief statement from Provo Craft about Linda McClure's "real story" post

April 8th, 2010

It is not typically our practice to publicly discuss private business matters, but because of the misperceptions that circulated this week on the message boards, we believe it is appropriate to share a brief statement to clarify the facts about the development of Cricut Cake.

In 2009, Linda McClure approached Provo Craft about a method of cutting gum paste, a method with which Provo Craft was already familiar and whose documented development dates as far back as 2007. We reached an informal agreement that provided for Ms. McClure to be compensated at fair market value for her time and consulting services as we prepared to launch Cricut Cake in 2010. She accepted, performed certain activities, and was compensated accordingly.

More recently, Provo Craft and Ms. McClure discussed the possibility of extending a formal consulting agreement. We believe that some of her requests, including both financial and non-financial terms, were unrealistic. Further, Linda was adamant that her requests were non-negotiable. As a result we chose not to enter a long term agreement with her, and unfortunately our relationship deteriorated.

Provo Craft’s initial research and development for Cricut Cake began in 2007. Since then, Provo Craft has conducted extensive market research and consulted with industry leaders, and both professional and aspiring cake decorators. We’re grateful for the valuable input and the enthusiastic support of these individuals, and we look forward to our continued relationship with them. We also hope you share our excitement for the fun possibilities that Cricut Cake will bring to creative kitchens everywhere.
END QUOTE