Dave Simmons will be ok with what you're doing Richard. There will be no litigation from either he nor from anyone else so go finish the build on them carts!
Rob.
--- In Simmons_Drums@yahoogroups.com, "simmonssds7fan" <ptmetcalf@...> wrote:
>
> As I said, I'm not trying to cause issues, just pointing out the possible legal problems associated with. It seems that you've thought of every angle on this, so hopefully we will all be ok.
>
> Now with that said, can you put me down for 2?
>
> ~Paul
>
> --- In Simmons_Drums@yahoogroups.com, "Richard" <warlandr63@> wrote:
> >
> > Yes this is something I have thought about. When it comes to circuit design it all gets a bit "grey". The cartridge I am making is not a direct copy of the original. The label will clearly state the Simmons Trade mark is owned by Dave Simmons. The label will only mention the Simmons brand simply to identify it as for use with that equipment.
> >
> > The original circuit layout is indeed covered by copyright, as is any other written, recorded or artistic work. To infringe on copyright it must be proven that, for example that I have taken the original schematic layout, reproduced it as an exact copy, then I have put my name to it as my own.
> >
> > 1) My cart is based off the original design (keep in mind that when using any electronic component they are design to be used in "generic" configurations of which the component manufacturer intended, thus they must be connected in a specific way to work. In the original design, this is exactly what was done...thus what I have done does not copy the original, it simply connects the ram chips etc as they were intended to be used)..Dave Simmons nor any one can claim copyright or intellectual property over such work. This is the reason it is near impossible to gain a patent over an invention that uses "off the shelf" components.
> >
> > 2) My design though based on the operating principles of the original design, has enough changes to be "different" to the original. I in fact hold copyright to this new design..
> >
> > 3) I make no claim to the Simmons brand name nor any Simmons products.
> >
> > 4) I am not making any money from this effort.
> >
> > 5) Though it would be possible to take me to court, it would be very simple to establish that the Simmons products for which this cart are intended have been long out of production and unsupported by the original trademark owner. Thus the worst outcome would be a please cease and desist.
> >
> > Thus we would be back to square one...memory carts are non existent.
> >
> > Really, too much emphasis is sometimes put on legalities. Yeah sure, if I'm a company like GC who steals a brand, claims it as my own, then makes a big buck from it, sure, stick it to me. I'm not GC.
> >
> > I restore old VW's, if it weren't for 3rd party manufacturers supplying parts they'd never get rebuilt!!!...Does Volkswagon take them all to court?.....Nope. Does it take any of the companies that supply parts and use the VW name or logo as part of their business name to court?.....Nope.
> >
> > They don't because it is uneconomical to support these old cars anymore, yet to shutdown businesses that do would be counter productive to their own commercial activities.
> >
> > So, if Dave doesn't want me to do this, I'm happy not to. It's really simple, I'll just have 30 odd SDS 7 carts lying around. As to them ending on Ebay..well if someone else wants to do what I've done..go for it. The potential market is not big enough to support the "mass" production of them. If some chinese entrepreneur wants to run off 10,000 of them for 10 bucks each..good on him...=), He'll sell a hundred maybe max, then have 9900 go to a good home in landfill.
> >
> >
> > --- In Simmons_Drums@yahoogroups.com, "teknikfourteen" <music@> wrote:
> > >
> > > Personally, I would love to welcome Dave to my door.. invite him in for tea and biscuits and attempt to convince him to re-launch the Simmons Drums company. I'm sure a few of us would be more than willing to help him. :-)
> > >
> > > On a more serious note, you do bring up valid points about this being potentially "stealing" the idea from Dave. It's a bit sticky, however, the copyright laws dictate and govern as set out on a 'country by country' basis as to what's deemed foul and/or exempt from claim. One would need to review the laws to ensure nothing is being done incorrectly. None of us are wanting to slap them on Ebay for profit... rather, we simply want them for our own personal use.
> > >
> > > Nonetheless, Richard will no doubt credit Simmons for the design and he will take no credit whatsoever for the concept... and I'm guessing that he would not hesitate to contact Dave to discuss the ramifications of going forward with the Cart.
> > >
> > > Dave, what say you?
> > >
> > > Alan
> > >
> > >
> >
>