[quote author="smgaudio"]The Gyraf has no notice of copyright or patent info that can be found, this means fair game, I was not aware of any copyright info, if any?.[/quote]
Your first mistake. Copyright law where Gyraf is, and copyright law where you are does not require any copyright notice to have full copyright protection. The Bourne convention laws state this in writing. Copyright ownership is automatic with or without any notice.
Also the MidiBox is opensource, and this is clearly stated in the discription.
Correct, but opensource does not mean it is not protected by copyright.
There is an full copyright notice on ucapps.de, a specific direction in the FAQ that for profit use is not allowed.
Just because the copyright notice is in German does not mean it does not apply to you.
These Items will be listed in the future when details are worked out as per copyright and patent info etc.
Speaking on behalf of the MIDIbox community, you won't be offering up any thing MIDIbox for sale, ever. Read this full post before you think about this. Any reason/loophole that you can come up with to justify profiteering from the MIDIbox will be met with simple license changes to make sure you won't be able to do it legally. Notice that there is nobody selling complete MIDIboxes anywhere, and it's not because people have not tried. It's a DIY (Do It Yourself) project, and will not be sold as a complete unit legally, by anyone.
We will profit of that. Their is no questain about it.
There is question of that. The images you used in your MIDIbox post were from a box built by AXEL. Those images reside on my web space protected under the hard to miss copyright notice at the bottom of every page. This means that regardless of AXEL's position on this you have knowingly infringed a copyright that I own. I can sue you for copyright infringement just based on the ebay listing and win. No big deal since you are in Canada and I'm in the US, right? Well, cool, but if you don't show up in court it won't be too hard to get an automatic ruling against you. An infringement judgement against you does not seem like a big deal, but it will be for your future customers, and we'll all make sure they know.
It's important to note that both communities that you attempted to profiteer from are worldwide, so a few of the locals from both are asking me if a personal visit with you is in order. I can only assume these guys want to handle things the hard way (for you). I don't like this way of handling things. Don't misunderstand this as any physical threat from me, it is not, but I want you to know what's up or I'll feel bad when it happens.
Personally I like the approach where I end up costing you a lot of money in legal fees, even if you don't have any money for me to win in court. Spending -your- money is much more rewarding than a good ass kicking for me. My lawyer is on retainer. How's your legal team?
A public statement that you will not ever engage in the sale or resale of anything related to the MIDIbox project will get me off your ass. I can't speak for Gyraff though or the community at the Lab. You will need to make peace with them separately.
So now it's your choice, you can apologize now and dissapear, or get sued.
Your move.
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