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Copyright infringement / IPR infringement / Trademark infringement [message #96629] Wed, 20 August 2014 18:19 UTC Go to next message
avatar Inspired_By_Architecture  is currently offline Inspired_By_Architecture
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Registered: April 2014
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Hi Shapeways Team,

As a furniture designer I have been exposed to both copyright infringement, IPR infringement and trademark/name infringement over time. As a designer I'm always much aware of such infringements as I find it highly unacceptable that someone is trying to make money by infringing someone else rights. Therefore I find it highly remarkable that Shapeways allows such infringements.

A simple search on 'LEGO' will show 128 trademark infringements and a good handful of copyright infringements. This is just an example as I have seen many other such infringements especially on copyright and trademarks during my relatively short time on Shapeways.

Many of the infringements are so obvious because the brands are world known brands, so I believe these should be filtered by Shapeways and not allowed to infringe 3rd parties.

Mike


By Michael C. Poulsen
Re: Copyright infringement / IPR infringement / Trademark infringement [message #96632 is a reply to message #96629 ] Wed, 20 August 2014 19:31 UTC Go to previous messageGo to next message
avatar stonysmith  is currently offline stonysmith
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I am not a lawyer, nor do I play one on TV.

I think you need to study up a bit more on the DMCA.

The problem with setting up even the most primitive of such filters is that then the full weight of the DMCA falls upon Shapeways.. they instantly become legally liable and accessory-after-the-fact themselves for ANY infraction, no matter how small.

The DMCA allows for a "safe harbor" exclusion so long as the vendor (Shapeways) does not discriminate between ANY models "for copyright reasons". If they keep themselves "at arms length" from enforcing copyright(s), then they are not considered to be part of the infraction themselves.

They can reject models for inappropriate content, etc, but monitoring ANY level of copyright infraction would open them up to the full weight of lawsuits.
From my understanding, there is nothing that would prevent Shapeways from "reporting" infractions they happen to find back to the copyright holder, but that would require a legal team to stay on top of it, and we all know that lawyers ain't cheap.

Also, YOU can report an infraction to a copyright holder any time you wish.

But as I said, if Shapeways institutes even the most basic copyright filters, they become indictable co-conspirators for the ENTIRE infraction.


Patience, Persistance, Politeness - the 3Ps will help us get us to Perfect Printed Products
Re: Copyright infringement / IPR infringement / Trademark infringement [message #96662 is a reply to message #96632 ] Thu, 21 August 2014 06:57 UTC Go to previous messageGo to next message
avatar Inspired_By_Architecture  is currently offline Inspired_By_Architecture
Messages: 133
Registered: April 2014
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stonysmith wrote on Wed, 20 August 2014 19:31

I am not a lawyer, nor do I play one on TV.

I think you need to study up a bit more on the DMCA.

The problem with setting up even the most primitive of such filters is that then the full weight of the DMCA falls upon Shapeways.. they instantly become legally liable and accessory-after-the-fact themselves for ANY infraction, no matter how small.

The DMCA allows for a "safe harbor" exclusion so long as the vendor (Shapeways) does not discriminate between ANY models "for copyright reasons". If they keep themselves "at arms length" from enforcing copyright(s), then they are not considered to be part of the infraction themselves.

They can reject models for inappropriate content, etc, but monitoring ANY level of copyright infraction would open them up to the full weight of lawsuits.
From my understanding, there is nothing that would prevent Shapeways from "reporting" infractions they happen to find back to the copyright holder, but that would require a legal team to stay on top of it, and we all know that lawyers ain't cheap.

Also, YOU can report an infraction to a copyright holder any time you wish.

But as I said, if Shapeways institutes even the most basic copyright filters, they become indictable co-conspirators for the ENTIRE infraction.




OK so Shapeways wants to have clean hands... I can understand that to a certain extent as you would have to put a lot of efforts into chasing pirates. I'm just get upset to see how many people in here trying to sell stuff that is protected and owned by 3rd parties. However original genuine works should hopefully find its way through the masses....

...And to ALL the shop owners out there... This SHOULD be basic knowledge... BE AWARE that company logos are protected... (e.g. you can't include Apple's logo in your design without written permission)... company names/brands are protected (e.g. you can't use a brand like LEGO in the name of your design or in the name of selling)... original design would be protected (e.g. you can't design version of a LEGO model and sell it. This is unless you made changes to the brick construction and do NOT use the LEGO brand in the title or description for selling your stuff... likewise you cannot make a model of a movie character and sell it under its common name e.g. Spiderman even though you have modeled it yourself.....

... SO... Please keep that in mind for future products you put for sale. This would serve Shapeways and the Shapeways community.

MIke


By Michael C. Poulsen
Re: Copyright infringement / IPR infringement / Trademark infringement [message #96716 is a reply to message #96662 ] Thu, 21 August 2014 22:07 UTC Go to previous messageGo to next message
avatar woody64  is currently offline woody64
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Mostly correct but not that easy at all.
(Although I'm also not an lawyer)

Designs can be protected if they are new (I think up to 25 years).
Technical functions can be protected by patent (I think 50 years). In case of LEGO® the patent has ended and EU/ECJ stated that the functional shape of a brick is not registrable as a trademark. The European Court of Justice found that protecting the shape and function of a product would reduce the opportunities for rival manufacturers to use them.

For sure the brand names must not be used in product names and are protected.

Woody64


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Re: Copyright infringement / IPR infringement / Trademark infringement [message #96724 is a reply to message #96716 ] Thu, 21 August 2014 23:38 UTC Go to previous message
avatar numarul7  is currently offline numarul7
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The main problem are the Logos and the Brand Names , some stuff are copyrighted and in E.U. copyright it is +70 years after death ... they are not registered as designs.

Jewlery are copyrighted by default , sculptures , drawn patterns ... and list goes on. ( in USA , Netherlands , Italy , Germany , France , Romania , Spain , ....)

Users are liable of damages from the first sale to last up to maximum ... that can go up to *000.000 ended numbers.

Notable trademark to add :

NINTENDO , MARIO FRANCHISE it is in JAPAN registered. Characters are copyrighted and the designer that made them it is alive ...

Shapeways works on same ground like Youtube , owner report , product it is down , if product it is uploaded again , then the owner will sue for maximum damage and second time will not send any report will just end with a paper at home and reading "subpoena".

And that it is no joke.

People can make fan art but without any agreement from the owner , they only be used for didactic purpose , personal use , not sale to none.


numarul7 jewelry and design

 
   
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