A buddy of mine is being sued by a

You were not jesting and now you want to weasel out acting like it is a joke? You admit you have nothing just like your convoluted reasoning of established cases - no substance.
Now I guess I understand your legal reasoning better. I suggest you go look at ALL of the definitions of the word "jest". It can mean more than just a "joke" or "prank". Let me restate...

You have ZERO cases that show that any fabric item made from licensed fabric can never be deemed a derivative work. Instead you have two cases that are specifically about non-original useful items and therefore not copyrightable and therefore not derivatives.... and in the most recent case (PM) the judge implicitly didn't slam the door on the notion that items made with such fabric COULD be found so if they contained enough "creative spark". This is the petard that I feel there's a chance that someone will be hoisted on.

I have ZERO cases that show that a test case that has been adjudicated at this time that has found such a fabric-related item that was found to be over the line... but the legal parameters for such a case have been spelled out, and I have pointed to them.

Zero = zero.... get it? That was the "jest".
 
YOU made the statement. Show me the cases. All you are doing is weasel wording.

tabberone, sounds like you have found something you have a passion for and can make money from... that is great! Something we all aspire to!


But the insults ? Losing credibility. I'm not taking sides, but I thought Geoff remained civil at all times even when you both disagreed. Can I say the same about you ?
 
tabberone, sounds like you have found something you have a passion for and can make money from... That is great! Something we all aspire to!


But the insults ? Losing credibility. I'm not taking sides, but i thought geoff remained civil at all times even when you both disagreed. Can i say the same about you ?

I agree.
 
It was decided that it was not a transgression.
If "it" means anything other than that specific case, then your statement is incorrect. Rather, if things are as reported, then what was decided applied to that specific case, and nothing else. No court has reversed the applicable laws. It is not even clear that the specific case is relevant to the circumstances of the OP, or to my statement. People often do work very hard to try to find rationalization for transgression. It's sad.

The general case is as I outlined: You typically are not allowed to use someone else's IP without their permission.
 

If "it" means anything other than that specific case, then your statement is incorrect. Rather, if things are as reported, then what was decided applied to that specific case, and nothing else. No court has reversed the applicable laws. It is not even clear that the specific case is relevant to the circumstances of the OP, or to my statement. People often do work very hard to try to find rationalization for transgression. It's sad.

The general case is as I outlined: You typically are not allowed to use someone else's IP without their permission.

I do believe that I posted it meaning her case. I did not imply that it was true across the board.

Why keep bringing up IP? Did someone on the thread refer to an IP of a company?
 
IP = Intellectual Property

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

http://www.wipo.int/about-ip/en/

:rotfl: Thank-you, I kept thinking IP address and wondered what that had to do with the thread. Need to get away from the computer some days.
 
/
Why keep bringing up IP? Did someone on the thread refer to an IP of a company?
As mentioned above, trademarks and copyrights are both forms of intellectual property. I'll must try not to use abbreviations. Sorry about that.
 
tabberone, sounds like you have found something you have a passion for and can make money from... that is great! Something we all aspire to!


But the insults ? Losing credibility. I'm not taking sides, but I thought Geoff remained civil at all times even when you both disagreed. Can I say the same about you ?

Agreed. And furthermore, when someone brings up a specific quote of yours and you accuse them of "cherry picking" rather than actually addressing their comment, it really doesn't help your case.
 

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