In article , Todd Pattist
writes:
Excuse me for being stupid, but why keeps a person from selling a set of
plans they bought and built with?
The plans and/or the signed contract restrict you to building *one* copy
from the plans. To do otherwise violates the agreement between the plans
purchaser and the designer/owner/...
So the designer/owner could sue the original plans purchaser
if the original plans purchaser built two planes. The second
purchaser didn't make any such agreement and can't be sued
unless the plans/design are protected by intellectual
property laws in some other way (patent being the obvious
one). The intellectual property laws not only work to
protect intellectual property (for the constitutional
"limited times"), they work to make sure it is possible to
copy those things that are not protected in compliance with
law. The right to copy unprotected work ensures that we can
enjoy the fruits of progress and is as strong as the
prohibition on copying protected work.
Typically, contracts are used to protect otherwise
unprotectable work.
If the design is not protected against copying by IP laws,
the contract would have to specify not only that the
original purchaser can't build two, but that he can't sell
the plans. Does it include stuff like that? Anyone have
any actual language in e-format they can post?
Todd Pattist
You might try reading the full details of most software contracts to get an
idea.
Bob Reed
www.kisbuild.r-a-reed-assoc.com (KIS Builders Site)
KIS Cruiser in progress...Slow but steady progress....
"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)