Tuesday, July 15, 2014
Finally...
Hello friends and followers of this blog, after almost one year of trying to get back in here I think I have made it......IMPORTANT.... someone is selling our patterns on Etsy and Ebay....I know we have posted these patterns FREE and for CHARITY AND PERSONAL USE... why anyone feels they have the right to sell our patterns is beyond my imagination....I am debating taking down the blog, must give it some thought....
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I have just found you . . . what a wonderful thing you do for others. Keep up the good work, every child deserves something "Made from the heart through the hands."
ReplyDeleteI love looking and looking at your pictures here. I have made quite a few of your patterns for charity. I hope you don't take down your blog.
ReplyDeleteGirls that happen a lot. Some people dont respect others. You can Copyright your designs. That way you can report the person and stop them for doing it. Also i want to congratulate you for all your patterns for charity. They are great. Keep the good loving mission you are doing. God blesses you!
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ReplyDeleteI'm somewhat new to your blog but I have already crocheted a baby sweater set. Sad to hear about piroting your patterns. I would exploit these people on the internet for stealing from you, at least their customers would realize they are buy stolen items. Also makes sense to patent your designs. Thanks so much for your kindness and God bless you both!
ReplyDeleteThere is always that selfish person out there that has to ruin it for good people that do things for good causes.... am so sorry that someone is doing that to you....
ReplyDeleteFalse claim:
ReplyDeleteThis pattern may not be used to make items for sale
To be used for personal or charitable purposes only
This pattern may be used to make items for your own personal use, for gifts or charitable donations.
Items made from this pattern are not to be sold without the express permission of the pattern creator
And why not? Whether these statements are on the web site, in a magazine or even printed on the pattern, these statements are not enforceable. 1.We cannot locate a single federal lawsuit that has gone to trial where someone has been sued over the use of a pattern. Consider the millions and millions of patterns that have been used in the last sixty years plus and not one lawsuit? It certainly cannot be because purchasers are strictly following the demands of the pattern designers/manufacturers. Patterns designers/manufacturers do not have the legal right to make many of the demands that they make.
2.They know they cannot legally restrict the use but they will tell you differently if you email them. The great majority of them routinely lie about the use of those patterns.
3.Pattern manufacturers and designers do not have the statutory right to control items are made from their patterns or what is done with these items. See the Supreme Court quote above from Quality King Distributors, Inc. v. Lanza Research Int. Imagine purchasing a book on how to build a shed in your back yard from your local hardware store. The book certainly has plans (patterns) and instructions and is copyrighted. Do you expect to have to get permission from the hardware store, the lumberyard, the paint store and the book publisher before you build the shed? Of course not. And then ask for permission to post a picture of this shed on Facebook? Of course not. It is YOUR shed.
Then, after building the shed, since you no longer require the services of this book, you sell it at a yard sale. Do you need permission to sell this book? Of course not. It is YOUR book. And the purchaser of this yard sale book? Does the purchaser need to ask the same permissions as well to build the same shed? Of course not. Sound silly? But this is what pattern designers expect everyone else to do. They are stuck on stupid. And they think you are stupid.
4.For these claims to be enforceable, your consent to the terms before the purchase is required under the law. And this means active consent, not passive consent. Passive consent is where the designer/manufacturer makes the claim you consent to the terms by your use of the web site or the pattern. Active consent is a signed document or a click-through agreement whereby you physically agree to the terms before purchase or use.
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ReplyDeleteThat is so rude. She makes the patterns for people to use freely. If you are selling them without her permission, it's just plain wrong. It may not be against the law, but it's the same as stealing an artist's music or making copies of an artist's paintings and selling them. You have to live with yourself.
ReplyDelete