Super User K_Mac Posted May 6, 2010 Super User Posted May 6, 2010 Quote K-mac thats not what I said. I said its worse when you sell it. It is larger crime. If you download a song or copy a lure for your own personal use you are only steeling 1 thing. If you mass produce that lure or song and sell them to thousands of people then you are steeling many times. I did not say one thing is ok and the other is not. I said one is worse then the other. Matt I understand your point. Stealing with the intent to sell is a more serious crime. It is the same rationalization that people make when downloading music illegally. At the end of the day these practices costs the creators of intellectual property and do violence to the creative process.
TackleGuru Posted May 6, 2010 Author Posted May 6, 2010 Quote Obviously, i'm not able to really comment, or say EXACTLY what i'm feeling, but suppose........Hypothetically, rhetorically, and imaginarily; this Question; I've been selling (not manufacturing,lol) these two baits i'm in 'trouble' for since 2005........and the patent is from 2007.... :-/ I'm no lawyer, nor can I afford one, lol, but doesn't this seem cut and dry? (signed by some guy who stole Brent's password......) Seriously.....seems odd that he has a patent produced 2 years after Brent started selling these. Which means they were probably being manufactured way before then. Hmm...I think I will find something that doesn't have a patent yet and get it patented myself.
mrbassky Posted May 6, 2010 Posted May 6, 2010 Wonder if he is related to Cal Naughton Jr. AKA the magic man. ;D AKA Mike Hancho
Mike Z Posted May 6, 2010 Posted May 6, 2010 Quote Quote Obviously, i'm not able to really comment, or say EXACTLY what i'm feeling, but suppose........Hypothetically, rhetorically, and imaginarily; this Question; I've been selling (not manufacturing,lol) these two baits i'm in 'trouble' for since 2005........and the patent is from 2007.... :-/ I'm no lawyer, nor can I afford one, lol, but doesn't this seem cut and dry? (signed by some guy who stole Brent's password......) Seriously.....seems odd that he has a patent produced 2 years after Brent started selling these. Which means they were probably being manufactured way before then. Hmm...I think I will find something that doesn't have a patent yet and get it patented myself. You see these words on a product all the time "Patent Pending" The process can take quite a while and even though some products take a year or more from conception to market, even large companies cannot get through the process before their product goes to market. The fact that his design was issued a patent means that nobody had yet patented the design. I guess if it can be proven that these were in circulation before he applied for the patent then that would be a good defense. FWIW with the music deal, downloading will get you in trouble. Hosting the songs on your computer for others to download will get you in a whole lot more trouble. The RIAA went after many college kids for doing this and sought millions in damages. Personally, I think the music industry screwed themselves over early on with these lawsuits, but with the advent of iTunes they may have wound up actually protecting their future. People no longer want to buy entire albums and to be honest, the albums today are crap for the most part. very few true artists and songwriters anymore. Everyone just buys lyrics and performs on stage.
TackleGuru Posted May 7, 2010 Author Posted May 7, 2010 lol, Mrs. Bairds and Sara Lee would be screwed!!
Incheon Basser Posted May 7, 2010 Posted May 7, 2010 Question for someone who might know... I have been drawing and testing a creature bait of my own creation. There is nothing in the market that looks the same or even has the same action as the bait I'm working on. But your telling me that if I rib something here and shape something there that may resemble a part of another bait (not the whole, but a part and not exactly but resemble) I can be sued for patent infringement? that's retarded. In music and movies you can't even copyright the music. you can copyright the words, or the words and song together but the melody is public domain. that's how weird ale gets away with it. you can't copyright the notes C B F G A, in that order because there are only so many notes to use. but those notes with that melody and these words you can copyright. HOW DO you COPYRIGHT or Paten A SHAPE? A circle is a circle A Square is a Square. The process or an exact replication of something I understand. but a shape? Please someone help me understand this before I loose my shirt trying to sell a bait I designed my self
Mike Z Posted May 7, 2010 Posted May 7, 2010 Incheon Basser, this is why you should contact an attorney who specialized in patent law. They know the system and can help you push everything through. If your design infringes on one or more patents then they should be able to help you negotiate for licensing of that specific portion. Also remember that not everything patented comes to market. Its very possible that someone out there has patented designs and ideas but the patent is just sitting there because they haven't figured out a total design that worked. (and patents do expire too)
pitchin1 Posted May 19, 2010 Posted May 19, 2010 He has a patent on the curved flappy claws on the Paca's and some have outright copied it others have changed it slightly. Time will tell how it plays out..
BrentB Posted May 28, 2011 Posted May 28, 2011 On 5/19/2010 at 8:51 PM, pitchin1 said: He has a patent on the curved flappy claws on the Paca's and some have outright copied it others have changed it slightly. Time will tell how it plays out.. Since I bailed my own arse outta this suit.....i think i'm free to speak now. Part of Netbaits suit (a small part) was aimed at one company who placed "patent pending" on baits where no patent existed. Netbait wanted damages 'per pack' of baits that had this label on them. (the messed up... "typical government" part is that the government splits the take on this type of 'penalty'. How the whistle blower gets a cut..... i'll never know! Ironically, another person in the suit (yum) popped up with a saved webpage that netbait had posted a year before the release of their bait as well as a year before their patent was approved. It said "Patent Pending" as well; without a patent. Yum now wants netbait to pay for every pack that they've sold since their 'deception' Its gonna get nasty, that's guaranteed. Fact is that the same "taper" that netbait is suing for (not necessarily the exact pincher shape..more the width of the inside of the pincher to the thickness of the outside edge) was patented by Yum (CHUNK TRAILER) in 2003.......years before paca. I believe they opened a big can of worms......when they should have cut bait and went home. A regular ol' "cease and desist" letter would have worked if they had sent me one, and suing these larger companies in District Court with a 10k limit is just insane to me. I know you talked about your buddy who almost lost everything for 10 years, but finally won 100 million dollars. I would say his story is FAR from typical and that in most cases, the little guy WILL LOSE. Gamble of a lifetime; I'll Pass. Brent
Scorcher214 Posted May 28, 2011 Posted May 28, 2011 Is GYCB suing anybody over the stickworm? Shoot, EVERYBODY has a version of that...
BassResource.com Administrator Glenn Posted May 28, 2011 BassResource.com Administrator Posted May 28, 2011 Wow, way to bring up a year-old post! Thanks for filling us in on how it ended. 6 pages from an old post is sufficient. G'night Irene.
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