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What is legal?


Dutch

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Having worked in the patent and trademark business for many years in a different life it is almosst impossible to explain in less than 10,000 words. Kind of like everything else in the legal field. Patents rarely ever cover an entire oblect but some obscure feature of the object that is novel. One has to read the claims in the patent to know what is covered. Most of the mechanical items in the world today are in the "public domain" from long use and not patented. I can't immagine that anything on a Simplicity grader blade is covered by a valid and current patent. Tradmarks and copyright on trade names are another thing entirely. Some of them are old and can be renewed for a long time. They are also vivorously defended by their owners. 'Nuff said for now. Ron
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Woody, For health reasons, please don't get nervous or stressed. If this is your first offense (actually first conviction), you can probably cut a deal with the DA to do community service. Like 100 hours mowing the municipal grounds. Second offense may be harsher, like you'd have to use a Craftsman or Deere.
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Ron, If I understand you correctly, a guy could probably make a grader blade and NOT be challenged (sued). NO PATENT INFRINGEMENT........ On the other hand, the guys who are making reproduction decals (that say "Simplicity" or "Allis") COULD really get their butts mowed. COPYRIGHT and/or TRADEMARK INFRINGEMENT........ Even if you used all 10,000 words, there would probably not be a definitive conclusion. Right? My former attorneys would often end their letters with, "Therefore, based on the facts as I know them, my opinion is. . . . However, should. . . ., my opinion may change." Thanks for your concise response. Sounds like just one more issue for the masses to worry about in our litigious society. Talk about stroke inducing STRESS ! Think I’ll just worry about how long I’ll be able to keep cutting my own toe nails.
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Woody: I should have made it clear that I knew copyrights were for written material, among other things, but not grader blades. I was making an analogy to copyrights to illustrate the fact that the law on copyrights (a related type of "intellectual property," in my mind anyway) is changing, regarding their lifespan. The point being, it is often dangerous to make a blanket statement on any given point of law (e.g., "There is no patent over 20 years old...") as there is almost always an exception. Sometimes the exceptions become so many that the process is referred to as "the exceptions swallowing the rule" (of a particular law). You could very well be right, about the 20 years, but again, given the current fluidity of a related type of intellectual property, I would not want to rely on that without checking further. Peter
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Peter, I understood and wanted to make the point for others about the copyrights. You are right about caution concerning the law as I've had many battles with my own lawyers over the years over interpretations of the law...I would make grader blades and not worry about it..Woody
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Pardon me for being simple, but, if you build a grader blade copying Simplicity's design, and sell it to someone, you are responsible for that piece of equipment. If the legal system works, there is no patent infringement unless you put the Simplicity name on it and/or a bogus serial number. This is what you call an aftermarket reproduction. If this piece of equipment hurts someone, you are liable, not Simplicity. As most of you know, I'm selling backhoe plans. When someone buys my plan, I give that plan a serial number. I take responsibility for the design, but not for deficiencies in the manufacture of the backhoe. If someone gets copies of the plan from someone who actually is a registered buyer, and they get hurt using the equipment, I take no responsibility. I think it's a matter of common sense. Paul Paul
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Ah, liability. You're right Paul. Unless the guy building the grader blade is judgement proof, sooner or later he'll have a problem. If some welfare kid tries to steal the blade and it drops on his foot, the state will pay for an attorney, and some wacky judge, and bleeding heart jury will agree that the blade was unexpectly heavy, didn't have a protective edge, and wasn't marked in paint readable at night that steel tipped shoes must be worn before handling. Now you could protect yourself (maybe) with product liability insurance, but the company will probably want engineered drawings and a legal opinion before issuing a policy. Suddenly you have a $49 blade selling for $549. Where's the blade going to be built? Hope it's in an industrial zone and not in the garage. Employees? OSHA! EPA! Unions! Best to have the blade built by child slaves in a Chinese prison for $9, import it for $40, and retail it for $149 in stores owned by illegal aliens who don't speak English. BTW - If the legal system works, I don't think you have to take responsibility...... it will be forced upon you. Woody, Have any connections on Canal Street? I have a genuine original Simplicity grader blade they could use as a pattern.
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Woody, Must have got out on the right side of the bed today. You're back to your "old self". Glad you're feeling better. The only thing that is unresolved on the other thread is price. How much to make..... what willing to pay.
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I was wondering how many posts it would be before one of you guys finally hit on the product liablility thing......... You know lawyers do quite well in our society. By writing the laws as elected lawmakers they insure that you can't read or understand the law without the service of a lawyer. Thus, self perpetuating their own profession. If knowledge is power, then 99% of the citizens of this country are held powerless in the United States Judicial system.............unless you have a lawyer. Seems to me back in history, those who could read and write had and maintained power over everyone else in a society. Hence an aristocracy. It would be nice to be able to live and work and maintain a living without having to consult the "Aristocracy" of lawyers for virtually every move you make. Dutch, You are right on the cost thing from liablilty. Liablilty is more the reason for the exodous of industry from this country than wages or employees will ever be. PS: Did you all check with your lawyer before you sat down on your toilet today???
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Do I smell fear...If you're planning on taking everything with you when you die forget it. If you're too worried to make something sign everything over to your wife. Own nothing and you'll be totally liberated. Be poor and you'll have nothing to lose. Fear of reprisal is what keeps the little guy down. Change your thinking and make the darn grader blades...Do you go skiing? Try to sue when you break your leg. Did you sue Sears when you fell off the ladder because there were no safety rails? Did you sue GM when little Johnny slammed his fingers in the car door? We're tractor collectors and Neal wants to simply know if you want him to make grader blades..A Yes or No answer will be sufficient....To go from patents to liability is going over the line for me...If anyone here is a lawyer I'm not mad at you but we would be better off with all lawyers to suddenly vanish which would include most politicians... When I was in the discussion about patents my thoughts were to be fair to the owner of the invention. I was not worried about being sued. If I make a product it will be to the best of my ability and not because I'm worried about being sued. The lawyers will keep you down if you let them....Woody
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