August 19th, 2007 at 00:07 am » Comments (2)

Let me be really clear.

© MyMarkDesigns

I have no problem with those who make the decision to share their own intellectual property, aka/Complimentary Patterns as a sampling for those interested in their patterns, charts and instructions. Nor is there any reason, why, if these gifts suit your needs – artisitic or budgetary, should not continue to use and enjoy legitimately acquired patterns, charts or instructions…

I reserve my distress for those who Steal and who help others to Steal
Unfortunately for us all because in end,
STEALING even on a small scale HARMS US ALL!

So why am I in such a Snit and Tizzy?

Cumulative effect, including a recent comment that showed how little the work of serious Pattern Authors is appreciated
“… after all, how tough can it be to be a designer, seems there are new ones every week….”

But even worse is when members of the Publishing community enable these thefts.

How does that occur?

In a in hobby groups, someone asked for a pattern. Several folks provided information on where to buy the instructions. Others point to home domains of various Design Authors and Self Publishers for Complimentary and Patterns for Sale.

Others also provide a link to a site that has copied that copyrighted pattern and was “sharing it” on the internet. It is this form of THEFT, that is a problem.

The problem is made worse when that person has a very recognizable name, a person with a recognizable name such as an officer of a group dedicated to a particular craft, or a teacher an an event or what really makes me crazy, is published, and “known” as a “professional” in the industry but is helping to steal from her peers.

BUT I still try to give’em the benefit of the doubt so try to “write off the list”

“Did you realize that the site you recommended is one of the worst on the Internet for wholesale “sharing” of copyrighted information?

The replies included :
“I was just trying to help…
…besides it is already done, so I did not do anything wrong…
…well maybe they cannot afford to buy the book…
…I know, but if they read my message maybe they will go to my website and buy one of my patterns….”

Obviously it is not going to do much good with these folks to try to explain that each time someone with “Professional” standing aids and abets in improper use of Intellectual property they are giving their blessing.

But I am even an optimist, maybe I should be a bit more blunt, but still trying to keep the response sub-atomic and I reply…

“okay, so if I take your pattern called “whatever” and post it as a free pattern, and then provide the link to every hobby group I can find – that is okay with you? Thanks for letting me know so I can let people know you don’t mind your work being stolen and misused”

Since no one has ever answered that email, let me be clear

It is NOT, because each time someone rationalizes that helping other to steal is not the same as stealing; I would remind them about that those who “aid and abet” are just as guilty.

It does not matter if you drive the get-away car, or go into the bank and remove the money by force, you still get charged with bank robbery.

It’s sort of like keeping the money when a clerk gives you too much change. Sure it was thier mistake but if you know the truth, it is still stealing – even if you don’t get caught.

So do a designing author a favor, the next time you find yourself rationalizing you are not doing anything wrong by copying, sharing, or providing a link to stolen property –

When you are tempted to rationalize your behavior as something you are ENTITLED to have simply because you cannot afford to buy and obtain it properly.

Are you really entitled to have something simply because you “want it” – does that exempt you from the law – whether you are caught or not. Do you really want to be the kind of person who knowingly steal or helps another to do so?

Stop and ask yourself, are you aiding and abeting?

And if you are helping other to steal, what kind of an example are you setting?

May the publishing community needs to create a Domain Of Shame
listing the name, real or screen of those know to engage in

Stealing & Distributing the Intellectual Property of Others.

Wheat

* Imagine Logo courtesy Monique Keylon,
You can read the story of its origins at My Mark Designs

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August 6th, 2007 at 10:43 am » Comments (1)

Well today I am going to be walking around with that 1960’s tune Plastic Jesus playing in my head.
Somehow its lyrics seem the appropriate background to Mike’s news tidbit in todays Creative Leisure News about the USA today Report of Wal-Marts plan to offer “faith-based” toys in 425 stores – stores that have strong sales of Bibles. One toy will be a 12″ talking Jesus doll

I freely admit to a variety of emotional reactions, not the prettiest of which is the idea of a 11.5 inch Barbie hearing the 12inch Talking Jesus lecture her on her less than modest dress and demeanor,

And I equally freely admit to expressing my annoyance with the Boys in Bentonville with the use of one of those proofs of a terminally Catholic upbringing,

a loud MMOG (aka/ MARY MOTHER OF GOD, …. )
as often heard from the Nuns & Priests who teach at many a Catholic School.

Truly, I have little to no problem with Wal-Mart dumping products that do not sell like books even if they are something teaching Needle Arts & other fiber crafts, or the products support the things I enjoy (fabric, now NeedleArt, likely yarns days are numbered as well) –

These decisions are “just business”, it is 2007…

Pretty much anything I want can be found thru the independent retailers on line or in person.

I had more or less come to terms with Wal-Mart turning its back on how it built it fortunes, offering American Made goods, seems to have been just the beginning… and had almost gotten over the way the new store layouts are increasingly discriminatory for those requiring mobility assistance.

But MMOG, Talk about past time to toss the money changers out of the temple.

Wal-Mart has just taken yet another step to the Dark Side (in my opinion at least) … now targeting the small independents who have offered faith based products and worked to build up their small businesses in our communities.

The list of reasons for not shopping at Wal-Mart (to my great inconvenience) has now reached the level where I will vote with my wallet.

Sometimes “just business” can go to far, surely this event has the makings of a major quake triggered by the spinning in the Walton’s (Mr & Mrs) graves.

Wheat

July 19th, 2007 at 11:03 am » Comments (0)

Intriguing Thought For the Day

Supreme Court decides to allow minimum price setting by manufacturing

Wal-Mart finally pulls the plug on Needlework, the long time loss leader of every store and start phasing out more than just fabric on the bolt.

Think it could be related?

Or is it all just business

July 7th, 2007 at 12:17 pm » Comments (0)

Episode 2 of 3 in the May-June MisAdventures of Wheat on eBay in search of the 1994 Simplicity pattern 8817 MySize Barbie.

Why when I am perfectly capable of drafting my own pattern schematics? I just did not want to spend the time it would take. However, the $50 or more these usually sold for on eBay was a stopping point

Yet, eBay has gotten so good at helping you find IT, between “Want It Now” and Saved Searches….

Thus, when early June 22nd, while waiting for the coffee to brew, eBay was nice enough to include a link in my daily search results for with an auction for this pattern with a “BUY IT NOW” option of $29.99 Early today I responded to what I THOUGHT was a legit offer for the pattern.

But you know what they say about too good to be true and I soon discovered (albeit not soon enough) Item 320130127717 surely was/is.

Anyway, several hours later, when reviewing the PayPal invoice, that the evil infringement word COPY leaped off the title line and smacked me in the fact.

So I decided to go get another POT of coffee going to think about how to handle this.

Can;t have a frequently vocal often relentless member of the Internet Copyright police receiving stolen goods now can we?

There really is no excuse – the seller made it very clear she was selling a COPY,
In the Title and in the Description (thus proving my theory that people including me, do not always read as they should)

Interestingly once I started digging into her offerings, I lost an auction to this seller for the very same pattern just a week or so ago – talk about turnaround.

Later, while exploring my options on how to best handle this
I found YET ANOTHER auction for a “copy” in item 320130214997

And then speaking of chutzpah, amuzingly, this very same seller has what she claims are her own original patterns and here is her statement in those auctions: (view Item 320133332785

“… These patterns are my own original designs for the My Size Barbie and I have given no one permission to copy and sell my designs. Anyone attempting to sell these patterns are illegally selling my designs and will be reported to Ebay for fraud….”

Obviously this is not a case of ignorance, it is blatant abuse. That more or less decided me to let the sale happen to create proof of the infringement thus providing Simplicity (if they care) with basis for their claim.

So, next I sent, via the web, and email to Simplicity customer service, saying that I had inadvertently purchased a photocopy of one of their patterns and asked who/where to report this violation of their copyrights.

But this was Friday and it was not until MONDAY that I heard back. Simplicity asked that I also report the apparent violation to eBay and eventually I managed to figure out how to find where and how to do this.

I also decided there was a very good chance I was about to become the owner of a completely illegal copy of 1994 Simplicity Pattern 8817 and unless I am able to get a copy of the pattern will not be ethically (or legally) free to use it.

Hmmm, I really “deserved” something of out this I KNOW, FEEDBACK – I am still trying to recover from the episodes of 5 years ago when a long term house guest used my account improperly. BUT, do I have the chutzpah to get the seller to leave feedback.

After all, I am human, and sometimes feel a sense of entitlement – in this case I might have even earned it

So Yeah, I did/do. Bounced the idea off a few friends and then decided to play the game a bit more and perhaps not as nicely as I should.

After an exchange of email that included my saying (quite truthfully) that I do not leave feedback for sellers until after they leave feedback for me AND I receive the package.

After all, I had behaved as a good Buy It Now buyer, and did not even choose (as I could have) to contact PayPal to rescind the sale.

So where is this all now. Well, eBay does not seem to much care since she is still selling and certainly given her listings of the last few months cannot claim she did not know it was improper to copy and sell.

For a number of reason some might disagree with, I finally decided to ALSO leave Factual feedback:

NEUTRAL exactly as described, shipped promptly, via carrier requested

After all, I do have a rather well done copy, and so will be saved most of the trouble I usually go thru to make a working copy of sewing patterns for my own use – once I finally get a legit copy.

Why write about this, because eBay while it has improved, still does not take real action against sellers who contribute to ITs (eBay’s) cash flow. Instead they continue to allow blatant disregard for intellectual property rights. In my opinion, it is one of hte many factors that is killing the incentive for independent designers to stay in the needlearts industry.

But, eBay, is for all intents and purpose, very much the only game in town, so as long as certain members of my household keep shattering the Corelle, I guess I will keep using eBay – just reading the listing a good deal more carefully in the future. Besides there is that basement full of “IT” that really needs to find better homes.

So ends the second of three eBay Mis-Adventures

Stay tuned for the 3rd and hopefully final where I have to eat some words about PayPal.

Have a great weekend.

Wheat

P.S. Yes, I very much regret the Neutral instead of Negative feedback.