Copy Right Infringement...in another country

Discussion in 'General Experimental Aviation Questions' started by skeeter_ca, Apr 12, 2019.

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  1. Apr 12, 2019 #1

    skeeter_ca

    skeeter_ca

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    So what are the avenues I have to stop people from other countries selling my plans without my permission...like Russia. Am I just S.O.L.

    Darrell W
    President - Volmer Club of America
     
  2. Apr 12, 2019 #2

    pictsidhe

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    If they are selling them to USA via ebay, then report them to ebay.
     
  3. Apr 12, 2019 #3

    TFF

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    Not much unless you can afford lawyers to fight for you. You have the right to protect your property. It does not mean someone will protect it for you. The eBay thing is good, but you will have to chase it. You have to make it better to get it from you to stop it.
     
  4. Apr 12, 2019 #4

    Topaz

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    Exactly this. Your avenues are the same everywhere: The degree to which a US copyright is respected (officially and legally) in the country in question, and how much you want to spend going after the people infringing. Copyright gives you the right to enforce your exclusive possession of intellectual property. But it's civil code, not penal, so don't expect anyone to lift a finger on your behalf.

    If you think it's worth it to go after these infringers, lawyer up with a local IP attorney in that country, and go get 'em.
     
  5. Apr 12, 2019 #5

    skeeter_ca

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    His site comes up when you Google or yahoo "Volmer vj-22", but the link "buildandfly.shop" doesn't go through using a desktop computer. You have to use a cell phone and then his webpage comes up. He is selling digital copies. Guess I could put up a warning about these bogarted plans on my forum and website but then I think that might steer more people to his site. Not sure if he is even actually selling them. Maybe he just takes the money with no delivery. What can they do. It's Russia!

    Do the search engines like yahoo and Google have policies in place that I could contact them to have them block it?

    Darrell W
     
  6. Apr 12, 2019 #6

    Himat

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    Probably and if they are to continue to operate in EU countries they will. New EU regulations have tightened the copyright enforcment in Europe.
     
  7. Apr 13, 2019 #7

    pwood66889

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    Yeah - I ordered from them. Then the reply came out in Russian, and I cancelled the credit card! Did get the merchandise, so I should send `em the $50...
     
  8. Apr 13, 2019 #8

    narfi

    narfi

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    I am confused....
    If it is copyrighted material, shouldn't you give the full price to the copyright holder and not the pirate?

    Or have I misunderstood the conversation?
     
  9. Apr 13, 2019 #9

    MikeK

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    I really don't understand how US Patent lawyers can offer services with a straight face. They charge something like $10,000 for patent help, and then the US Patent Office wants more! Meanwhile, the Chinese flagrantly copy anything they like, undersell the original builder, and there is no way to stop them. This piracy is given lip-service from time to time, but nothing is really done, right?
    I am presently on the cusp of offering a new invention, a step-climbing hand truck unlike any on the market. I plan to make and sell as many as I can before being overtaken by the Chinese. Once they take over market share, I'll just move on to the next invention, hoping that the first one pays off. Luckily, I have other ideas.
     
  10. Apr 13, 2019 #10

    pictsidhe

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    Try all possible legal blocks. IANAL, but I think you are supposed to send a 'cease and desist' letter before taking further legal action. Perhaps google will remove his site from their engine, it's worth asking. Perhaps his web host and e-commerce merchant will also remove him. The more miserable that you make his life, the more likely he is to find another way to make money.

    Another fact is that it IS Russia! Find out his name, address and then find a friendly Russian gentleman to dissuade him from selling your IP.
     
    Last edited: Apr 13, 2019
  11. Apr 13, 2019 #11

    Voidhawk9

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    Yeah, it seems that patents are more useful as a means of copying an invention than protecting it these days. That and paying for lawyers to line their pockets with another layer of gold.
    Seems to me that a better approach is what you said, and perhaps making some record (not a patent) of your work as proof of prior art should someone else later try to patent it and sue you or something absurd (lawyers again).
     
  12. Apr 13, 2019 #12

    Blackhawk

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    I doubt if there would be any current Patent on the Volmer considering it's 61 years old; so if that is the case you would have a very hard time getting restitution from anyone, especially from Russia.

    Once a Patent term (usually 20 yrs) ceases it can be used by anyone.

    That is the risk anyone selling plans of aircraft over 20 years old has to take; but in this computer world we live in there are always those low life's looking for a quick $.

    I could be wrong with the above, but that has been my understanding from my involvement with Patents and Copyrights.

    Graeme
     
  13. Apr 13, 2019 #13

    imacfii

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    I dealt with this International Copyright issue some years ago, in the late 70's, only to find out that Russia. North Korea and Lesotho (small country in south africa) did not recognize the International Copyright Law. Take it for what it's worth
     
  14. Apr 13, 2019 #14

    Wanttaja

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    Patents and copyrights are different. Copyrights "nominally" last 75 years, but Disney recently pushed through some changes to the law. IIRC, Patents are 20 years.

    You can legitimately use copyrighted material without permission in some cases ("Fair Use"), but a patent gives one exclusive rights to the design. As has been mentioned, though, it's up to the holder to enforce their rights.

    Ron Wanttaja
     
    rv6ejguy and Topaz like this.
  15. Apr 14, 2019 #15

    lr27

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    If you're really clever, you could introduce a certain defect in the design, which would somehow prevent the aircraft from taking off. A phone call, only available to people who've paid up, would reveal the fix. Or, if you're not trying to sell a LOT of plans, a fake AD would do the job. ;-)
     
  16. Apr 14, 2019 #16

    pictsidhe

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    The site is hosted by wordpress.org. The ecommerce intermediate is woocommerce. Contact both of them, they'll have a complaints procedure somewhere. Anyone handling credit cards will have obligations to prevent pirate sales. They aren't legal...
    Have a look around his store, perhaps Vans, Slepcev, Zenith, Thatcher and others would be interested in knowing that he is selling their plans? If wordpress and woocommerce get multiple piracy complaints, they may close his accounts. He will think twice about selling pirated material when he finds a new host. Maybe many of the items he is selling may be out of copyright and he will lose legitimate business as result.
     
  17. Apr 15, 2019 #17

    skeeter_ca

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    Thank you Pwood,

    You can send the payment to PayPal at volmerclubofamerica@yahoo.com. :)
    The rightful owners of the copyrights for Volmer Jensens designs.

    Darrell Whiteaker
    President - Volmer Club of America
     
  18. Apr 16, 2019 #18

    pwood66889

    pwood66889

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    My fear was loosing my money all together!
     
  19. Apr 16, 2019 #19

    pwood66889

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    The aircraft in question was not a Volmer design, Mr. Whiteaker. It was developed in Quebec, Canada, in the mid-1980's.
    Regards, Percy
     
  20. Apr 16, 2019 #20

    skeeter_ca

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    Oh, sorry thought it was the VJ-22.
     

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