[DML] Digest Number 801
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[DML] Digest Number 801



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There are 4 messages in this issue.

Topics in this digest:

      1. Re: Re: logos & copyrights
           From: Lee <immerse@xxxxxxxxxxx>
      2. Storing my car for the first time
           From: "Kevin Abato" <delorean@xxxxxxxxx>
      3. Please tell me what you think.
           From: "Silas " <silas102000@xxxxxxxxx>
      4. Re: Oxygen sensor / Lamder probe
           From: jtrealty@xxxxxxxxxxx


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Message: 1
   Date: Sun, 25 Nov 2001 18:04:25 -0800
   From: Lee <immerse@xxxxxxxxxxx>
Subject: Re: Re: logos & copyrights

reply:

Walt,

I  tend to agree with your assessment, but being right or wrong about the
issue of the
exact form of the logo claimed by DMC Houston is not the point.

Copyrights are federal rights and for the most part self enforced, so
while they are
federal
laws, the copy right owners are required to do all the legal work of
enforcement.

So when James (DMC Houston) made his threats about non existent use
agreements and
re evaluation of My use of their logo, he was using the power of Title 17
of the US
Copyright statutes. Under these laws the defendant (that's me in this
case) is required
to
do several things when "notice" is received, some of which are to stop the
infringement
work,
destroying all infringing materials, molds, etc,. No cease & desist order
is required
unless
I refuse to follow the Title 17 statutes.

The problem for us casual producers of various DeLorean things is that
when Mr. Wynne
tells any one over the phone something along the lines as "...if it is not
offensive or
degrades DeLorean's name or the car ...." It's OK, The caller has no
actual permission to
use the DMC Houston registered logo. Such licensing has to be in writing
to be
enforceable and defended. In my case I spent money to have an attorney
write a proper
contract, Mr. Wynne received that contract and liked it's content or so he
said on the
phone, but he never signed the contract or ever got back to me once James
took over.
While the contract did include the use of the "DMC" logo it also covered
other items I
wanted to produce.

The bottom line is that it's entirely DMC Houston's game, they can enforce
or not as they

choose, with any out come being either an out of court settlement or court
finding after
a
trial.

More to the point, The issue with me was being threatened with the loss of
tacit
approval
by DMC Houston unless I delivered a FREE limited edition 1/24th scale
model to DMC
Houston. The current excuse   "I was only joking...about the
copyrights..."  when taken
with a new accusation on the phone that.... "If you want to use the
copyright problem to
get
out of  finishing the models....That's OK with me    " (James of DMC
Houston), belies the
suggestion that DMC Houston (James) made no such statements/demands.

As a practical matter there is little I can do now with out a voluntary
license from DMC
Houston's. Not because I am wrong or that DMC Houston have rights to my
exact usage.
But because DMC Houston has given me what is know as "Legal notice", now I
can only
wait to see if the other shoe falls. This is true of all others as well
who are selling
anything that DMC Houston might decide to claim is theirs, not saying they
will, just
that
it's their option. They must enforce their copyrights and it is what they
think falls
with in
their registration that counts. Any one me included who produces anything
that DMC
Houston decides fall under their registration is at risk with out a
written agreement.

Lee



Walter wrote:

> > The DMC logo was officially registered THIS YEAR 9/25/2001 by Houston.
> > This also ran out in 1985, so was unregistered from 1985 until this
> > year.
>
> I bet that DMC Houston will have a very hard time defending any
> infringements on this copyright since it has technically been in the
public
> domain from 1985-2001.  There was a similar problem with a copyright
> concerning the Diver's Down Flag (the red flag with the diagonal white
> stripe.)  Someone had a copyright to this many many years ago but never
> enforced it.  Eventually it became part of the logo for just about every
> dive shop in the world.  When they went to enforce their copyright, they
> couldn't.  I bet a similar thing might happen with DMC Houston.  People
have
> been producing the DMC logo in various forms now for several years.  If
> Houston tries to get a cease & decist order at this point, I bet it will
be
> a moot point.  (and probably bad for their business anyway.)
>
> Walt    Tampa, FL
>
> To address comments privately to the moderating team, please address:
> moderator@xxxxxxxxxxx
>
> To search the archives or view files, log in at
http://groups.yahoo.com/group/dmcnews
>
> Your use of Yahoo! Groups is subject to
http://docs.yahoo.com/info/terms/


[Non-text portions of this message have been removed]




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Message: 2
   Date: Sun, 25 Nov 2001 22:19:33 -0500
   From: "Kevin Abato" <delorean@xxxxxxxxx>
Subject: Storing my car for the first time

It has been a great 8 months of ownership with my Delorean, but now I want
to tuck it away until March in my garage...what should I do for proper
storage?

Disconnect the battery.

(Please...nothing too crazy...just some BASIC storage tips!)




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Message: 3
   Date: Mon, 26 Nov 2001 03:25:26 -0000
   From: "Silas " <silas102000@xxxxxxxxx>
Subject: Please tell me what you think.

*****  Moderator's Note  *****
Respond to Silas directly please...
*****


Please go on to my website  groups.yahoo.com/group/jigowatts/
  and tell me what you think at silas102000@xxxxxxxxx  i'm a 
boy who can't drive yet but always wanted a DeLorean also I am
 a very big fan of DeLorean memoribilia. 

                       Sincerely,
                         Silas R. Canning at   silas102000@xxxxxxxxx




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Message: 4
   Date: Mon, 26 Nov 2001 04:10:14 -0000
   From: jtrealty@xxxxxxxxxxx
Subject: Re: Oxygen sensor / Lamder probe

I don't think so and wouldn't do it for 2 reasons. When the whole 
exhaust system is hot it is harder to work on it without getting 
burned and as hot as it does get I don't think it is hot enough. With 
a torch you can control the heat and only heat up a small area. It 
does have it's inherent dangers so you really have to know what you 
are doing. I have tried all different ways to loosen things but I 
always seem to get my best results when I use heat when possible.
David Teitelbaum
vin 10757


--- In dmcnews@xxxx, Christian Williams <delorean@xxxx> wrote:
> Would it work to just run the car for a little bit to heat up the 
exhaust?
> 
> -Christian
> 
> On Sun, 25 Nov 2001 jtrealty@xxxx wrote:
> 
> > The best way to remove it is to heat the fitting it screws into 
with
> > an acetalyne torch. If you don't have one find a muffler shop to 
do it




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