Hello:
I would like to comment on the issue of copyright and intellectual property. This is in response to Guy's post suggesting that it is okay to code another person's (Elders) indicators.
First, let me say that legally (and I have looked into this at length) it is not enough to simply refer to emails and public comments to justify coding and re-selling another person's intellectual property. What is needed is the "express written consent" of the author. This means that Guy should have written to Elder asking for permission and he should have obtained WRITTEN permission to do so. Absent that written permission, Guy is free to do whatever the hell he wants with the indicators for his own use, but should he decide to resell the resulting work product, he is then in violation of Copyright Laws in both the United States and Canada.
This is the same situation as with Samson77 a couple of months ago, where he (Samson) obtained copyrighted material from a vendor (Linda Raschke) and without permission, offered, transmitted and/or facilitated the sale of the material over the internet without the consent of the author. Although he screamed and yelled ("I will sue you, I'm not kidding in here"). After the laughter died down, I noticed that he never followed through. Anyone care to guess why? I can tell you why. In this society it is easy to intimidate most people with the words "I'll sue you". No one wants to go through the costly process of getting an attorney to defend them in court, even when they have done nothing wrong. Occasionally however, these idiots run up against someone who is either a lawyer themselves, or has an attorney in his/her family. In this case, my dad's firm offered me the service of four very good attorneys who specialize in intellectual property law. After talking with them for about a half hour, the bottom line was "make my day".
I am commenting not because I dislike Guy or what he tried to do. I think its possible that he may not understand the issues surrounding copyright law. Before this time I did not understand them myself. If that is the case, I hope he will use these comments to put things in their proper context, and perhaps in the future he can find a way to get to a mutually beneficial agreement with an author to do the work and re-sell it.
Thanks,
Steve
Edit:
By the way, Guy if you are reading this, I am not comparing you to Samson, who in my opinion is a scam artist. I have read many of your posts and I think you try to add value to the work of others. I certainly wish you well and am not trying to criticize
I would like to comment on the issue of copyright and intellectual property. This is in response to Guy's post suggesting that it is okay to code another person's (Elders) indicators.
First, let me say that legally (and I have looked into this at length) it is not enough to simply refer to emails and public comments to justify coding and re-selling another person's intellectual property. What is needed is the "express written consent" of the author. This means that Guy should have written to Elder asking for permission and he should have obtained WRITTEN permission to do so. Absent that written permission, Guy is free to do whatever the hell he wants with the indicators for his own use, but should he decide to resell the resulting work product, he is then in violation of Copyright Laws in both the United States and Canada.
This is the same situation as with Samson77 a couple of months ago, where he (Samson) obtained copyrighted material from a vendor (Linda Raschke) and without permission, offered, transmitted and/or facilitated the sale of the material over the internet without the consent of the author. Although he screamed and yelled ("I will sue you, I'm not kidding in here"). After the laughter died down, I noticed that he never followed through. Anyone care to guess why? I can tell you why. In this society it is easy to intimidate most people with the words "I'll sue you". No one wants to go through the costly process of getting an attorney to defend them in court, even when they have done nothing wrong. Occasionally however, these idiots run up against someone who is either a lawyer themselves, or has an attorney in his/her family. In this case, my dad's firm offered me the service of four very good attorneys who specialize in intellectual property law. After talking with them for about a half hour, the bottom line was "make my day".
I am commenting not because I dislike Guy or what he tried to do. I think its possible that he may not understand the issues surrounding copyright law. Before this time I did not understand them myself. If that is the case, I hope he will use these comments to put things in their proper context, and perhaps in the future he can find a way to get to a mutually beneficial agreement with an author to do the work and re-sell it.
Thanks,
Steve
Edit:
By the way, Guy if you are reading this, I am not comparing you to Samson, who in my opinion is a scam artist. I have read many of your posts and I think you try to add value to the work of others. I certainly wish you well and am not trying to criticize
