RE: [DML] "use of the DMC logo..."

[service@xxxxxxxxxxxxxxxxxxx]

In reply to Wayne-
Two years ago I made some DMC logos and a copy of the black side stripe I
posted it on E-bay
And received a e-mail from ebay telling me James from DMCH want me to remove
this auction because of copy rights
Out of resects I complied right away because DMCH always treated me well
In July 2004 I spoke about making some stripes for free or offering people
the PLT file
And received e-mail asking to remove the DMC logo from (James Houston he did
ask me nicely)
Few weeks latter VB is making them with no problems (except not selling) and
John hervey is selling them now on this site
With no disrespect I don't know whom to believe anymore would really like to
know this has been going on for years
P.S
The Rear CAM and LCD monitor/DVD/SAT/Atari in the kneepad was done almost 3
years ago if anyone want picture of the install and what it looks like and
maybe ways to improve or add to it.
let me know

Ken
)2700

-----Original Message-----
From: deloreanernst@xxxxxxx [mailto:deloreanernst@xxxxxxx]
Sent: Tuesday, October 12, 2004 5:59 PM
To: dmcnews@xxxxxxxxxxxxxxx
Cc: Rustproof@xxxxxxxxxxx; WINGD2@xxxxxxx
Subject: [DML] "use of the DMC logo..."




In a message dated 10/7/2004 8:55:28 PM Eastern Standard Time,
Rustproof@xxxxxxxxxxx writes:
<<The reason that operations were discontinued was simply due to a
nasty-gram
sent to me from DMCH because of the use of the DMC logo. It simply wasn't
worth the effort.>>

Hi-
Though I've never yet gotten around to printing updated manuals as I have
long hoped, I have done a lot of research, including copyright and ownership
issues of DMC intellectual property.   This subject comes up from time to
time,
and my responses, for some reason, have never made it past the moderators.
Why?
Well, here goes... again.
James Espey of DMC Texas has frequently claimed that they own the rights to
copyrighted DMC materials.  He bases this claim on the purchase of the KAPAC
inventory of parts plus assorted paperwork and odds and ends. Is this how
copyright privileges change ownership? The US gov copyright office makes
that
perfectly clear: NO.  DMC Texas is not JZD's company, is not the successor
to JZD's
company, and did not buy JZD's company... or any of the company's
copyrights.
Which explains why they're not on file with the government. So if DMC Texas
doesn't own them, and JZD's company is defunct, does that mean that they're
open
game for anybody to use?  Again, the answer is no. If you want, you can take
your chances. But the copyright owner has a right to prosecute you.  In the
case of the DeLorean copyrighted materials, the owner has apparently never
prosecuted anyone.  So is it possible to determine who exactly owns the
copyrights?
Yes. I spoke to the David Allard, Esq., the bankruptcy trustee for the
DeLorean case. He told me that the copyright privileges were officially
transfered
to Mr. DeLorean as part of the bankruptcy settlement.  In fact, I went so
far
as to ask Mr. DeLorean's permission to reprint the manuals. He was kind
enough
to give me permission... in writing. I appreciate and have bought from DMC
Texas but I gag everytime I see this kind of _________ claim from James
about
their supposed rights. (Fill in your own adjective in the blank!) I
understand
they copyrighted a variation on the DMC logo just a few years ago, but
that's
not anywhere close to a blanket ownership, is it? And it sure isn't based on
buying parts!  I'm almost surprised they haven't told the other vendors to
stop
printing manuals. Here's a challenge: if I'm wrong, James, send me a copy of
the paperwork transferring copyright ownership from JZD or his company to
DMC
Texas, and I promise to publically apologize for my error right here on the
DML.
Deal?
Wayne A. Ernst
Bridgeton, NJ


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