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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) |
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