|
Smitty Two wrote:
> In article <jsmith-3534EC.11381305112005@news-rdr-02.ohiordc.rr.com>,
> john smith <jsmith@net.net> wrote:
>
> > > From my vantage point this looks like simple greed on the
> > > part of Mr. Dyke for the sale of another set of drawings.
> > >
> > > Am I missing something? Has anybody actually seen this
> > > notion applied as a legal precedent in the past?
> >
> > Who is being greedy here?
> > What prevents the plans from being resold indefinitely each time the
> > possessor dies and the estate tries to make money off from the sale?
> > Mr Dyke owns the rights to the plans. If someone wants to buy a set of
> > plans and build the aircraft, they should be purchasing the plans from
> > Mr Dyke, not an estate of someone who had purchased a set of plans from
> > Mr Dyke.
>
> What is it, in your mind, that differentiates a set of airplane plans
> from anything else in the world that might be sold second-hand? What
> should the inheritor of a set of plans he has no intention of using do
> with them? Throw them away? Return them to Mr. Dyke so that he can sell
> them twice?
>
> Warranties on new merchandise often come with the "original purchaser"
> limitation. If Mr. Dyke wants to offer technical support only to the
> original purchaser, he is within his legal rights to do so. I still
> maintain that he is being small by doing so. Who cares whether the plans
> change hands 100 times? He sells one set of plans, he eventually offers
> one real builder technical support.
Sorry, but I'd have to disagree with you on this. If, as the
purchaser of the plans you want the technical support of the designer,
you should purchase those plans from the designer and pay the price for
that support. The only reason for purchasing them otherwise is to try
and essentially get something for nothing. Mr. Dyke doesn't owe you,
the second, third, or whatever down the line anything and potientially
would have to answer the same questions over and over again not to
mention having to try and keep up with who now rightfully owns the
plans.
As the inheritor of a set of plans, you can keep them, throw them away
or sell them but you haven't right to expect that whatever action you
take should imply any liability on a third party, in this case Mr.
Dyke.
|
|
Re: John Dyke
