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Re: [bolger] Re: Bolger out-of-print eBooks

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  • Bruce Hallman
    ... I am not a lawyer, so I suggest reading the whole law to get the whole picture. But reading it I see that to be protected by this US Code: Per sections
    Message 1 of 25 , Sep 18, 2007
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      On 9/17/07, Stefan Probst <stefan.probst@opticom.v-nam.net> wrote:
      > --- "Bruce Hallman" <bruce@...> wrote:
      > > Not exactly, but close. Read the US law. I think the distinction
      > > hinges on the concept that ideas deserve copyright protection,
      > > but not functions.
      > > With a 3D vessel shape you cannot separate function from idea.
      > >
      > > http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17_10_13.html
      >
      > Those are many many pages. Which one do you mean?

      I am not a lawyer, so I suggest reading the whole law to get the whole picture.

      But reading it I see that to be protected by this US Code:

      Per sections 1301 and 1302, the design must be original (not a copy),
      it cannot be standard, common, prevalent, or ordinary, it must be
      different, it cannot be solely utilitarian and it must be 'new', that
      is not have been made public for more than two years.

      Section 1305, protection lasts for 10 years.

      Section 1306, which says that for a design to be protected it must be
      formally registered and marked with a 'circle D'. (And here is the
      URL of that registry and I do not see that any PB&F boats had been
      registered.)

      http://www.copyright.gov/vessels/list/index.html

      (By the way, this is a fun URL to look at because the links to the
      application for protection forms have boat drawings to see. And I
      love looking at boat drawings.)

      Section 1332, the protection is not retroactive (for vessels prior to
      October 28, 1998)
      http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00001306----000-.html

      > What is the catch.

      Well, I might guess that under this system a boat designer is more
      motivated to sell their services as a 'custom' "one off" designer of
      complex boats for private owners, or as a designer for secret military
      government boats. And, less likely to sell their services for 'spec'
      simple recreational boats published publicly in books and magazines.
      Once the design goes public, the designer quickly loses protection, so
      there is little incentive to go public.
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