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Messages - doodlingmonkey

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----Sometimes you need to simly apply 'common sense' and 'logic' to these questions, along with legal guidance. Have you noticed how many embroidery design publishers are now promoting print versions of their embroidery designs and competing openly and aggressively against the clip art developers------

Actually I have not seen anyone offering "printable" versions of their embroidery designs, unless it was a document that was mearly a thread chart to show you which colors were stitched out when.  Not all programs interpret the colors correctly when designs get to the machines.

And truely unless you are a big company such as Dakota Collectables, Brother, or Bernina, I do not know any independant digitizer who is becoming independantly wealthy off their work.  More like breaking even or losing money on their websites.

But I do know one clipart website who did not specify non usage of their clipart for embroidery, only for web templates or company logos or in a format where you could say copy the file as the original artwork and reuse again digitially.  Now that they have decided to offer some of their more generic clipart that can be auto digitized without much thought or technique, they have changed their terms of services from what it was 2 yrs ago.

Unfortunately even having your lawyer give his interpretation of what he thinks someone means in their term of service, doesn't necessarily mean your lawyer is going to interpretet it right especially with language that reads ".etc" in a term of service.  What .etc are you including in that?  Or are you hoping to CYA by being so vague??

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So much talk about who is responsible if joe schmo buys a cd of clipart at a yard sale if joe schmo now has the same rights for that clipart.  

What if Joe Schmo buys clipart from some place such as drawings-r-us and in the terms of service at the time of purchase it does not state that Joe Schmo cant use the artwork to create say "stamps" with the artwork.  

Then two years later drawings-r-us decides to go into "stamps" and decides that it does not want any of its customers to make "stamps".  It discovers Joe Schmo is making those "stamps", but has been for 2 yrs now.  

They tell Joe Schmo to stop.  What holds up?  The terms of service at the time of Joe Schmo's purchase, or their current terms of service, which Joe Schmo might not be aware of now at this time.

Joe Schmo printed his terms of service at time of purchase and has that, but what happens to the Jane Schmo who might not have the terms of service at the time of her purchase, and since the terms of service was online, the link now only shows current terms of service.

Should "drawings-r-us" have sent a certified letter to each purchaser of their designs to make sure that the change it terms of service was made aware of?  Should the end user have to check for change of service terms before they use the product everytime?

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