louisbrant Posts: Just Because he's Dr.F is no defence of infringmen [9/4/04 02:45 GMT ]:

Folks !

I think this great web site has gone to your head just a teeny tiny bit .

Opinion & not especially irrelevent even if true.

The use of a copyrighted photograph no matter what it is of or how it is used , is infringement on that copyright .Look at the Stanford U. page , even if you are doing a doco or a critique or reading the news .

That is one interpetation, and if the seller feels strongly enough about it he is well within his rights to file suit to have the courts further clarify the picture on what is and isn't Fair Use.

No declaration of copyright was expressed or implied within the photograph of the watch being offered on eBay or in the text of the eBay listing by the seller. I don't know but I suspect any charge of violation of "Fair Use" provision that was on something that didn't have copyright posted on it might possibly be thrown out of court without further comment.

If it is a fake then Hans or Jack would have to sue , not OTD ( and it would be Tag Heuer not Hans Or Jack Heuer because they probably did not design the inspirations and do not own the company or designs anymore even though Jack as been brought back into the fold ) .

I don't believe OTD is contemplating a suit, I wouldn't know about TAG-Heuer or Mr. Heuer or Han's.

OTD could not sue or make charges against a franken maker because they /it does not hold the copyright .

I don't believe OTD is contemplating such action.

It would be no defence that the photographer / copyright holder was an AS---LE .

Never said it was (a defense) or that he (photographer/copyright holder) was an AS---LE. Only that no seller of fake goods is going to take the trouble, time, effort or money to press the point.

As well if OTD were to sue on behalf Tag Heuer or if it was sued for putting a watch in the Gallery of fakes the onus would be on OTD to prove it was fake, not on the seller or Dr. Frank N. Stein ( no relation to Jeff of Course ) .

Again I don't not believe that OTD is in a litigatious mood.

Unless you can prove 100% that it is a fake ( and with frankens it's impossible ) you could be accused of harassment ( let he without sin cast the first stone ).

My opinion, Jeff's opinion, heck, Derek has a Rouge's Gallery on Chronocentric so it's probably safe to say his opinion as well, is that this falls under fair use. I'm not a lawyer, nor do I believe is Derek, but Jeff is. Are you?

All this being said we all end up on the same page because no Dr. F. is going to want the bad press

Again, my point is that is exceeingly unlikely that any faker is going to get a large enough bug up his arse to be willing to go to the trouble, effort, time, and expense to pursue a lengthy lawsuit thousands of miles away in a different country. He is welcome to disagree with our opinion and pursue whichever legal action he wishes to.

(Which, I think , that is the real enemy "the modern media " internet included . Terrorists and freedom fighters in the days before instant news and streaming internet would take out train stations , ammo dumps etc.. and today it's Russian schools and the Twin Towers . Sorry I'm having an argument with my wife about the modern press and got off topic) .

I agree with the couple words anyway... Terrorists don't seem to be particularly worried about bad press, for what it's worth. The Chezchen's don't seem to worry about slaughtering schoolchildren for example, not that Hamas or Al-Queda does either.

Don't get me wrong , I love you guys (I have said so in the past ) and Chuck said it so well , we must be careful .

I don't honestly believe any of us want to be a lynch mob, or re-enact the Salem Witch trials on watches, but on the other hand I certainly am not going to shy away from calling a spade a spade.

I think it's the Same reason I love my wife , we don't argue about the tooth paste tube or the toilet seat . We argue about the Nicaragua , Iraq , the press etc.. only the very interesting ! And it has been a pleasure debating this topic with you all . Foil , Epee or pistols at dawn next time ?

Cheers

I'm not particularly looking for an arguement or a debate on this topic. However, I don't see any reason to discontinue from pointing out obvious fakes when I see them. If the Faker's wish to make a case of it, that's their option. I'm not that difficult to find.

-- Chuck