I wasn’t trying to create a problem for anyone by
asking this question, and I would love to have copies
of the Alldata CD, etc. Kirby, I’m VERY grateful to
you for your work on the book, it is a great help to
me and countless others. It very well may be that
Jaguar/Alldata would grant permission if asked. But,
as the comment about the Jacksonville Jaguars pointed
out, any potential liability would likely go with the
person who was doing the copying/distributing, if the
proper copyright holder chose to make an issue of
it.Would Jaguar or Alldata know, or care? I dunno.
Would I stick my neck out and do this myself? Uh-uh.
I have also been known to exceed the speed limit once
or twice, but not knowingly in front of the police
station. The web is a very public place.
I also belong to a couple of motorcycle lists. A few
weeks ago, the webmaster of a BMW motorcycle site in
California was threatened with a lawsuit by the legal
firm for Arai Helmets USA, which objected to a link on
the website to the Arai corporate website. After all
the dust settled, Arai acknowledged that their law
firm was perhaps a little over-zealous in their
attempted protection of Arai’s interests. No harm, no
foul. But the guy who got the letter, and had to deal
with the hassle, was the webmaster, not the people who
visited the website.
A question for the lawyers here: do the rules change
any if the > original producer of the material in >
question no> longer offers it for > sale?__________________________________________________
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Kirbert
(Author of the Book, former owner of an '83 XJ-S H.E.)
2
…the webmaster of a BMW motorcycle site in
California was threatened with a lawsuit by the legal
firm for Arai Helmets USA, which objected to a link on
the website to the Arai corporate website.
A LINK to their site? I didn’t know anyone would ever object to
links, much less that there was a legal remedy available! Surely
there must be more to this story. Did the link say, “follow this
link to the website of one of the shittiest companies on earth” or
something like that?
After all
the dust settled, Arai acknowledged that their law
firm was perhaps a little over-zealous in their
attempted protection of Arai’s interests.
Unless there’s more to this story than we’re hearing, I’ll bet they
REALLY found out they didn’t have a legal leg to stand on. If they
HAVE a corporate website, that means they are inviting one and all to
come see it, and suing somebody for providing directions on how to
get there isn’t gonna stand up.
– Kirbert | Palm’s Postulate:
| If anything is to be accomplished,
| some rules must be broken.
| – Kirby Palm, 1979From: Jeff Freeman v2twin@yahoo.com
Unless there’s more to this story than we’re hearing, I’ll bet they
REALLY found out they didn’t have a legal leg to stand on. If they
HAVE a corporate website, that means they are inviting one and all to
come see it, and suing somebody for providing directions on how to
get there isn’t gonna stand up.
No, there have been cases where companies have sued - and won, due to
implied endorsement or association through linkage. They’ve tended towards
the copytight infringment (candyland.com I think was one ot the earlier ones).
As for copyright and patent issues - the software company which I used to
work for had a POLICY of not investigating patents before using some
technologies - and the legal department wasn’t particularly appreciative of
people reporting potential patent liabilities. The argument was that if
the company was ever litigated over a violation, as long as they could
demonstrate that they were unaware of any violation, they stood a better
chance of avoiding damages.
I’m not saying it was right (heck, it’s just one of several reasons I chose
not to continue working there, albeit a minour point), or that it is an
effective legal defence, but that was certainly the company stance. Not
that you’d find it in print anywhere.
— http://jaguar.professional.org/
Sean Straw '88 Jaguar XJSC 5.3L V12 (LHD)
Marin County, California '69 Buick GranSport 455 V8