From the other thread, in reply to your above post, Viking:
US Law in many cases, like this one, requires, I stress, requires a company to actively pursue issues similar to this if they want their rights protected later on. Otherwise a precedent is made that can be used as a legal wedge later on, to violate intellectual property, or copyright, or trademark- and it doesn't mater if the issue with Oleg was not trademark, or if it was not copyright, or if it was both, or neither. It's irrelevant. And intent, "public domain", cultural heritage...these things are nice warm and fuzzy feel goods, I agree, but they mean squat here
let me ask you a few questions, Viking:
Does the Government in your country collect taxes?
Do they buy things with those taxes?
Do those things belong to you? Can you use them whenever you like?
Do you own the Rights to the designs that produced those things?
The answers are of course "No" to the last three. You don't own those things or their rights. [thank you Avinimus! that made no sense before- Chris]. And of course, the companies that contract to your Government do exactly the same thing in regards to things they design.
So why then do you think that products made for WWII "belong" to US citizens? The US Government collected taxes, and sold Bonds to raise money for this WWII production. Then they allocated money to various Government agencies. The US Navy was one, and still is.
So the US Navy contracts Grumman to make a plane. The US Navy owns the plane. They bought it, with their money. They did. Not "The People". It's US Navy Property. Just like an Aircraft Carrier in use today, or a US Naval airbase or a truck the US Navy hauls toilet paper in. Every time a dollar changes hands, the the government that made the monetary system possible gets a share. This idea is very old of course- they back up the monetary system with their guarantee it will work, so the People pay taxes
But does the US Navy own the rights to the designs of that plane, or that aircraft carrier or that airbase or that delivery truck, just becasue they bought a plane, or a carrier, or an airbase, or a truck? Does the age of the thing matter?
Again, no. The company that designed the things owns those rights. How does it matter that the plane is 75 years old? The rights are not public property, and never, ever were
So today, a company called Northrop-Grumman Corporation owns the rights to for instance, an F4F-3 aircraft. [edit for clarity- they did not buy these rights. They always had them from day one. They ARE "Grumman". And why should they not have the rights to things they developed??] Exactly the same way they own the rights to an F/A-18 E/F Super Hornet. The same laws protect both sets of "rights". There is no "F3F-3 Law" and no "Super Hornet Law". The same rules apply to both for at least some aspects of the laws that protect their company
So let's say you find a loophole that lets you use the design of the F3F-4 without asking permission. So now let's also assume that some clever person notes that and has a bright idea. Now let's further assume that that "somebody else" will now try to use that event (your use of the old plane design) as a legal precedent to use the design of the F/A-18 E/F without asking. Of course it will fail by the way
But that will not stop these suits at NGC from being very afraid of that precedent you set with that loophole, because they can't predict how that might affect them later, because the same Laws protect all those things, and if they give up their rights to protect one, they are showing that there's a situation in which they will let the things they own- doesn't matter what things- be used without permission. So they will be very vigilant to make sure those loopholes and precedents never exist
Does this help you to begin to see the potential for problems surrounding this thing? It's much more complex than "Guys in suits are ruining our fun because they are greedy"
What set this in motion? what was the impetus that caused NGC to care? Lots of rumors. I have my own theory based on what I've been told, and the blame in that theory lies with neither Oleg Maddox, his company, or Northrop-Grumman Corporation. It lies with another group
But how does our gnashing teeth matter? It can't be un-done
Last edited by Former_Older; 02-06-2008 at 10:02 PM.
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