Re: Intellectual Property, WAS Re: another Money Store ad
steve (steve@ECLIPSECAT.COM)
Thu, 1 Jul 1999 12:29:56 -0700
> The First Amendment does not guarantee the right of any person (real or
> legal) to usurp the property of another, regardless of the form of the
> property.
if that were the case then would a commercial need consent from Ford Motors
because the people in the ad were riding in one of their cars?
> BSA does not have a policy requiring that a person (real or legal) who
> purchases a uniform or emblems that contain creative work that is the
> property of BSA provide proof of membership or other expressed
> authorization to such materials.
Better read the general information in the cub scout wolf and bear books
they specifically state that you need you membership card to purchase
uniforms
> If BSA were to require that anyone selling materials containing BSA's
> creative works verify the buyer is authorized to use those creative
> works, you can bet the attorneys would certainly make the wording such
> that it would be a violation for me, an authorized user of BSA's
> creative works, to purchase the materials containing such creative works
> with the intent of providing those materials to person not authorized to
> use BSA's creative works.
by joining the organinzation you assume the responsibility to use the
matierials properly , example: not wearing the uniform for inappropriate
reasons such as filming a commercial, selling non-scout related fundraising
items, at work delivering pizzas, etc.
> The concept Steve offers also opens up other huge areas pertaining to
> intellectual property. Under the concept of First Amendment rights as
> applied here, I (or you, or we together) could freely use IBM all over
> mine/your/our materials. We could also use Apple, Cisco, TWA, Ford,
> Caterpillar, Intel, Nike, Sony, Piper, et cetera ad infinitum -- and we
> could do so using the exact same signage and emblems as the companies
> whose names and property these words/phrases are. We could also freely
> make and sell products without regard for the need to license the
> manufacturing process or other miscellania appertaining thereto. Why?
> Well, isn't it within my First Amendment rights to do so?
The ad wasn't selling BSA products, but mortgages does BSA sell those?
> I mean no disrespect to Steve, but our system of jurisprudence
> recognizes intellectual ownership as a right equal to that of Free
> Speech. 700 years of adjudication (British Common Law, and on down --
> going, back to the Magna Charta) has established that certain Rights
> infringe upon other Rights and that limitations are needed and expected
> to control to what degree those certain Rights override or impinge upon
> those other Rights.
I believe that Constitution also guarantees the right to own property. If
the uniforms were bought by BSA members and they gave them to the makers of
the commercial then the problems lies with the BSA members that gave them to
them. If the uniforms were purchased by the makers of the commercial then
it is the fault of the store for selling them with out proper BSA ID. If
the new owners are not BSA members, they are under no obligation to adhere
to restrictions voluntarily agreed to by BSA members when they join.
No disrespect taken, but please tread lightly on our Constitution
Steve
