rlynker
Parking Attendant
Posts: 19
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posted July 25, 2002 03:34 PM
 Edited By: redelk on 25 Jul 2002 17:46
Legality of selling ZX-12 parts microfiche on CD
Hi,
FREE stuff below (in case you were thinking of not reading this all the way through....heh).
I don't know if all of you check Ebay for anything relating to ZX-12 (by searching ZX12, ZX12R, ZX-12, ZX-12R, ZX-1200, etc ad nauseum), but I bought the '00-'01 ZX-12R parts microfiche on CD from partsficheguy. When I got it, it was just a CD-R with an ink jet printed label. Hell, *I* can do that! That can NOT be legal...there MUST be a copyright infringement here. On top of that, it just contained a bunch of pictures. Not a PDF or index page with a nice layout or anything fancy at all. I don't want to raise a stink about it cause lots of people need this item (he sells for all different bikes). However, as a service to you all I will send you the contents of this entire CD for FREE (if it's legal for him to SELL homemade copies, it must be legal for me to share with you all for free). It's 3-4 meg.
Roger
   
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ddpete3
Pro
Posts: 1189
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posted July 25, 2002 04:08 PM
can't you access it for free at buykawasaki.com.
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My name is Doug, damnit!
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TurboBlew
Moderator
BUSY DOING THE SCHIAVO
Posts: 4590
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posted July 25, 2002 04:17 PM
Edited By: TurboBlew on 25 Jul 2002 19:03
...of course what ddpete says. 
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Official Charter Member of the RIDERS OF KAWASAKI MEMBERSHIP REVOCATION CLUB
Also a BadAss Internet Forum Moderator 4 Hire!! Come at me brah!
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redelk
Moderator
Please... speak to the hand.
Posts: 3212
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posted July 25, 2002 04:45 PM
Edited By: redelk on 25 Jul 2002 18:39
Oooooooooo... I hate to rain on the delightful offer... BUT, yes, it is a copyright infringement, thus I must regretfully state that I was forced to edit your post by removing the e-mail address and site link.
PLEASE do not take this as a personal attack or slam. It is not. Please allow me to explain why...
Bikeland.org and it's related forums can not be a party to or facilitate such an infringement. I chose to address it in this manner instead of deleting or locking out this thread for several reasons.
1. So you and others on this forum would have an opportunity to understand what the potential ramifications are of such activities AND be allowed to comment on it.
2. Though I am this forum's moderator, I do not have the final say on what is or is not acceptable. By doing this way, it allows the site administrators to comment, alter or delete the thread.
3. I do NOT in any way feel that this has anything to do with the "advertising policies" of this site and it's forums. This is solely a legal issue.
Though KMC (or any other manufacturer) has not informed partsficheguy of this fact yet, does not make any difference. I speak from personal knowledge concerning the parts lists and accompanying diagrams for the ZX-12R A1. Even if one was to completely redraw every illustration and hand write every reference and part number... it would make no difference.
At one time Dale (easyrider) had the official parts lists and diagrams posted at his site. This was extremely helpful because at the time, it was not available at Kawasaki's "BuyKawasaki.com" website. He was politely informed by KMC of Canada the posting this information on his site equated to unlawful distribution of not only copyrighted information, but illustrations of patented designs. Something KHI feels very serious about.
Fortunately, Dale's "ignorance" (Oh, I didn't know), just rated a cease and desist of facilitating any form of public or private access and/or possession of said information, in any form of viewable or storable medium, be it electronic, digital or paper.
So you see, even when one offers such information for the sole intent of personal use by other individuals and neither charges for or places any other restrictions on the obtaining of said information... it doesn't matter. First it's a kind and polite warning. If not heeded, it's usually followed by a legal summons.
One would wonder why would they care about such when the exact same information is openly and publicly available at one of Kawasaki's own websites? In KHI/KMC's view (and the local to international courts), because it is their property. If KHI wished to distribute it for personal use via their website or by any other means or media, that is solely the discretion of the "owners" of said information. Any unauthorized distribution, at any level, will be viewed as a violation and KHI has all the legal rights to address it in any legal manner they feel is necessary to protect their property.
Is this right or fair? Sadly, neither you or I have any say if it is or isn't. It has been decided for us. Copyright, registered trademark/servicemark and patent laws are both extremely vague, yet detailed to the point of minutia. Being one who's business posses several registered trademarks, yet one who owns a 12R... I can see both sides of this.
It still boils down to this... it's the law.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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ddpete3
Pro
Posts: 1189
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posted July 25, 2002 06:27 PM
man, you type a lot
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My name is Doug, damnit!
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ZX12Girl
Pro
Adrenaline Junkie
Posts: 1740
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posted July 25, 2002 06:43 PM
Ditto.....ddpete3...LOL
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Life is an adventure. Are you driving?
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Zhooligan
Moderator
Post Whore Extraordinaire!
Posts: 3829
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posted July 25, 2002 07:04 PM
Double dittos
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To those who do not count their life in years, but in how life
has touched them in the past and how much it can hold in the
future; -- Youth is forever.
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swft
Needs a life
Full throttle!
Posts: One MEEEEEELLION
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posted July 25, 2002 07:08 PM
Double dittos with a lemon twist!
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wannabe
Pro
Posts: 1931
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posted July 25, 2002 07:31 PM
Can I have a ditto with a cherry on top?
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"There are only three sports: bullfighting, motor racing, and mountaineering; the rest are just games." - Ernest Hemingway
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DaveInDaytona
Pro
Posts: 1696
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posted July 25, 2002 07:33 PM
He talks more than he writes, scary thought ain't it ?
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DaytonaSportbikes Forum
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ZX12Girl
Pro
Adrenaline Junkie
Posts: 1740
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posted July 25, 2002 07:34 PM
Wannabe.....Would that be a....
"Double Dittos with a lemon twist" and a "Cherry on top".....LOL
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Life is an adventure. Are you driving?
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redelk
Moderator
Please... speak to the hand.
Posts: 3212
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posted July 25, 2002 08:19 PM
I just want to pop a cherry... Uh... I MEAN a cherry POP!
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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rlynker
Parking Attendant
Posts: 19
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posted July 25, 2002 09:38 PM
The only words that come to mind are: dammit
Thanks for pointing out that the diagrams are on the kawasaki webpage. Live and learn I guess. Sorry.
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redelk
Moderator
Please... speak to the hand.
Posts: 3212
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posted July 25, 2002 09:50 PM
No apologies necessary. Just tryin' to keep you from being hassled by "da man" (and to keep fish's sorry fins from gettin' hassled too!)!
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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wannabe
Pro
Posts: 1931
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posted July 26, 2002 07:51 AM
I'm bummed 'cuz I placed a bid on the same CD a couple of days ago before reading the post. I'm screwed. I can't back out now. The only way to get out of paying the $11 is to report him to Kawasaki. That's pushing things a bit too far for just $11.
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"There are only three sports: bullfighting, motor racing, and mountaineering; the rest are just games." - Ernest Hemingway
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frEEK
Administrator
ummm... yeah
Posts: 9660
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posted July 26, 2002 07:03 PM
thanks redelk, good call. liek redelk said rlynker, nothin personal & no hard feelings. we jsut have too high a profile to take such a risk, specially when it's available on the net anyway. but thanks for the thought; it sounds like u meant well.
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rlynker
Parking Attendant
Posts: 19
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posted July 26, 2002 10:57 PM
Yeah that's fine. I'm not taking it personally. I understand completely.
As for the guy selling them, I'm happy to have this on CD and all though I wouldn't have done it if I had known. I sent an email to Ebay letting them know there was a potential infringement. They're investigating it.
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Wildman
Expert Class
I only look confused
Posts: 318
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posted July 27, 2002 05:54 AM
quote:
I just want to pop a cherry... Uh... I MEAN a cherry POP!
This is your shortest post ever isn't it Sherm? 
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If you build something Idiot Proof, The world will build a better Idiot.
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22348bCVC
Zone Head
Posts: 798
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posted July 27, 2002 01:10 PM
quote:
quote:
I just want to pop a cherry... Uh... I MEAN a cherry POP!
This is your shortest post ever isn't it Sherm?
...if the pastor just answered "yes" or "no" to your question, the THAT would be his shortest answer, yes?....ok, what did I just win????...a year's supply of pistacchio-nut ice cream?...cool!!!
...damn...I need to be out ridin' 
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...just relax...my dog wants to use only one of your legs...
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redelk
Moderator
Please... speak to the hand.
Posts: 3212
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posted July 27, 2002 05:46 PM
No such luck, 22348bCVC. That question had been asked before. My reply was...
no
Super cool and funny replies are done only once.
BTW, the answer is still.... no.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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Zhooligan
Moderator
Post Whore Extraordinaire!
Posts: 3829
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posted July 27, 2002 06:16 PM
?
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To those who do not count their life in years, but in how life
has touched them in the past and how much it can hold in the
future; -- Youth is forever.
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wannabe
Pro
Posts: 1931
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posted July 28, 2002 06:54 PM
.
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"There are only three sports: bullfighting, motor racing, and mountaineering; the rest are just games." - Ernest Hemingway
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