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Re: New VDH Logo

Sun Feb 05, 2012 5:39 am

Bryan in his reply to my first post on this topic clearly states where he got his inspiration and the motivation for his impression of the 1958 diorama to promote VDH.

Might is not always right and in this case I am of the view that mite is not right. :roll:

I am also of the view that the other argument is void of any moral high ground and is based on flagellation, necrophilia, and bestiality.(they are flogging a dead horse) :roll:

Regards,
Kim,
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"Rules are for the obedience of fools and the guidance of wise men" Douglas Barder.

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Re: New VDH Logo

Sun Feb 05, 2012 5:59 am

I would just like to clarify my ref to might & mite refer to the threatened legal action by the other party as well as the other party :P

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Kim,
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"Rules are for the obedience of fools and the guidance of wise men" Douglas Barder.

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Bryan
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Re: New VDH Logo

Sun Feb 05, 2012 1:18 pm

Thanks Fred.....This is my thinking on the matter as well. And you are right, the stress is starting to cause me issues.

8dust wrote:Should be the last word on the subject...

As much as this kinda seems like a dead horse, there might be one last breath that could use a beatin'... It comes in the form of “PROOF” offered up by the moderator of another board, although ironically, given the context of her comments, I believe she intended it in support of an argument she has ultimately torpedoed. :( From my objective ringside seat, it seems absolutely and completely clear, once-and-for-all, that VDH has in no way violated ANY rights or restrictions, produced, controlled, nor administered, by ANYONE, least of all the individuals who seem to think otherwise.

Why?

This is why...

Image

The operative portion is right there about 3/4s down where is says: “Basis of Claim: Re-designed and added ...yada yada and more yada around the edges”

This is critically significant for both what it does and what it does not say. In case anyone isn’t quite keeping up, it DOES NOT SAY as basis for claim “It’s mine because Aqualung gave it to me.” Additionally, it DOES SAY that the individual thinks it is theirs because it was copied and “re-designed.”

Hmmmm... near as I can tell, that’s a pretty good characterization of what was done on the VDH image...

Pretty sure both these sides of the coin were explored earlier above in greater detail. It is abundantly clear, given the attached “paperwork,” that the claimant in this case has absolutely no standing from which to claim harm or a loss of any kind. Again, as mentioned above, this is not to say that any random person could not pay Big Letterhead R Us, to start sending all sorts of written threats about any variety of things to anyone they wish, but at a certain point... the Gratuitous Assertions start to pile up, and it begins to look an awful lot like harassment, and that would be and is, actionable in its own right... :o As it sounds like you are speaking to an attorney, you may want to ask how big that pile would need to be, before it starts creating compensate-able stress and emotional damage on your part... :? Just sayin...

That you extended yourself to them and tried to work this out and were rebuffed, doesn’t speak very well for their motivations on this... I have to believe that they are also getting some very bad advice.

Good luck Bryan, even if it doesn’t look like you’ll need it on this one. :roll:
Doing it right should include some common sense, not just blindly following specs and instructions. .Gary D, AWAP on SB

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Drado
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Re: New VDH Logo

Sun Feb 05, 2012 9:18 pm

On the basis of a pre-existing 1958 decal, then this could be described as a derivative work of which:
US Code Title 17, Chapter 1 § 103(b) wrote: The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
Thus, on the basis of the 2008 copyright claim:
basis of claim wrote: re-designed and added plants, coral rocks and fish and bubbles
Only those new items stipulated above fall under the protection of this copyright.

However, since to be able to get a new copyright, derivative works have to be sufficiently different and must display some of its own originality. I don't think that adding the above items would make it sufficiently different from the original, thus I can't really see how it warrants the 2008 copyright.

Then again, as Dr. Mccoy of Star Trek might say: "Dammit Jim, I'm a doctor, not a lawyer!"
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Re: New VDH Logo

Mon Feb 06, 2012 4:21 am

Bryan,

I have just returned to the VDH site and the first thing I notice is your new avatar. What other avatar could you possible have :?: NONE :!: It is sooooooo 8)

Happy diving,
Kim,
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"Rules are for the obedience of fools and the guidance of wise men" Douglas Barder.

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Re: New VDH Logo

Mon Feb 06, 2012 8:03 am

8) 8) 8) 8) 8) 8) 8)
Doing it right should include some common sense, not just blindly following specs and instructions. .Gary D, AWAP on SB

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Re: New VDH Logo

Mon Feb 06, 2012 1:56 pm

:o :o :o
Kim,
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Re: New VDH Logo

Mon Feb 06, 2012 10:46 pm

Feel free to us it as your Avatar....Wallpaper......Curtains.....Bedspread what ever you like....Just don't modify it :wink: Details will follow as soon as all parties have been notified by courier.


Image
Doing it right should include some common sense, not just blindly following specs and instructions. .Gary D, AWAP on SB

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Re: New VDH Logo

Tue Feb 07, 2012 10:35 am

I want a VDH poster, a coffee cup, a tee shirt, a hat... :D
SurfLung
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Re: New VDH Logo

Tue Feb 07, 2012 10:47 am

Yeah; we definitely will need some VDH shirts and hats for the Legends of Diving at Portage this summer! :D 8) :wink: Terry
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Re: New VDH Logo

Tue Feb 07, 2012 10:58 am

:D :D :D
*******Adair*******
Image

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macado
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Re: New VDH Logo

Tue Feb 07, 2012 2:07 pm

:-) This thread is very interesting. Looking forward to new run of t-shirts in near future.

Perhaps everyone should change their avatar to the new VHD logo :-)

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Bryan
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Re: New VDH Logo

Tue Feb 07, 2012 2:25 pm

macado wrote::-) This thread is very interesting. Looking forward to new run of t-shirts in near future.

Rob is the T-shirt Barron so we will leave that up to him...I doubt he will be putting a 6x6 card on each shirt trying to convince you of something though... :roll: :roll:

Perhaps everyone should change their avatar to the new VHD logo :-)

This is a great idea and in the near future I'll pick a date and everyone can use the avatar for 24 hours. One of the people that helped me a lot with this process has been promised a VDH Holiday in his honor and that will be the day...Stay tuned for details :D
Doing it right should include some common sense, not just blindly following specs and instructions. .Gary D, AWAP on SB

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Re: New VDH Logo

Tue Feb 07, 2012 2:54 pm

Avatar :!: C 8) 8) L.

Happy diving :)
Kim,
Ocean Trekker, Dangerous When Wet.
"Rules are for the obedience of fools and the guidance of wise men" Douglas Barder.

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Re: New VDH Logo

Fri Feb 10, 2012 11:31 pm

Image


18" x 24" poster size on 100lb glossy paper....Shipped to domestic addresses in a crushproof tube for $10.00. Shipping international slightly higher.

Perfect for The Dive Cave.....What say Ye ?
Doing it right should include some common sense, not just blindly following specs and instructions. .Gary D, AWAP on SB

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