>>>In order to get the licenese for the likeness of the track, it has to
>>>be done this way. If we were to offer our track building tools, we
>>>would have to come up with some way to prevent people from creating
>>>licenesed tracks.
>>I don't buy this argument, Ed. If this were really a legal issue, there
>>would be no copy machines, fax machines, scanners, cameras, paintbrushes,
>>etc. All of these tools are capable of creating likenesses that are
>>licensed properties. Papyrus can't be held responsible for how its tools
>>are used. In fact, using this argument, the paintkit in the current
>>products is a problem.
>Well, if you don't buy the arguement, you might want to talk to Jed at
>"The Pits" and/or Tim Wortman at N.A.S.S.C.A.R.
Jed's mistake was to call it Daytona and try to make it look like Daytona,
nobody would have fussed. NASSCAR was a blatant case of trademark
infringement, innocent though it was.
There are several Winston Cup teams whose car likenesses were not licensed
by Papyrus that have been rendered in PAINTKIT by users. Has any of them
sent Papyrus a "cease and desist" letter asking you to stop distributing
PAINTKIT because of the potential for someone to create a likeness of their
car with it?
Have Warner Bros, or Disney or any of the other entertainment conglomerates
sent "cease and desist" letters to Sony, JVC, Magnavox or any of the other
companies who make VCRs, tape decks or other equipment capable of creating
or reproducing likenesses of copyright material? No. They tried it early
on, but got stomped on fairly quickly. Remember the proposed $1 blank tape
"tax" that was going to be given to the entertainment industry for
copyright infringement they alleged was bound to occur when someone
purchases a blank tape? It didn't pass either.
You can't be held to blame for selleing a product that MIGHT be used to
violate someone else's rights unless you know that is the purchaser's
intent at the time they purchase it, OR that is the only possible use for
the product. Weapons are an obvious case in point here.
I'm normally on your side with regard to intellectual property issues, but
I don't think your argument holds water here. However, no matter what I
think, Papyrus has the right to decide when it might be treading on thin
legal ice, and so I'll end my argument here. Sierra obviously has deeper
pockets and I'm sure that must be takin into consideration.
I'd still like to see some other tracks, though. <g>
Dave "davids" Sparks
Sequoia Motorsports