----- Original Message ----- From: "Ed Berris" <[EMAIL PROTECTED]> To: "Tom H. Nagel" <[EMAIL PROTECTED]> Sent: Thursday, February 03, 2005 5:38 PM Subject: Re: [RCSE] Lawyers are killing the kit business
> Tom, my post was not intended as a screed against all lawyers. My son, my > father and many of my relatives and friends are attorneys, however, with > first hand experience with these law suites, I know that there are too many > lawyers attempting to secure royalty payments for questionable patent and > trademark claims. They are shake down artists not driven by "bean counters" > but rather are small time, marginally successful attorney's looking for a > way to eek out a living. I'm sure you are not in this group. > Ed > > ----- Original Message ----- > From: "Tom H. Nagel" <[EMAIL PROTECTED]> > To: "Ed Berris" <[EMAIL PROTECTED]> > Cc: "RCSE" <[email protected]> > Sent: Thursday, February 03, 2005 5:30 PM > Subject: Re: [RCSE] Lawyers are killing the kit business > > > > Actually, Ed, and fellow flyers, it is not the evil lawyers doing this. > It > > is the evil bean counters and the corporate dilberts who seek to maximize > > profit at any expense. > > > > A certain linguistically challenged President is also currently > > attacking lawyers accusing them (us) of junk lawsuits and causing a > > malpractice insurance crisis. Wrong again. Same real bad guys, the > bean > > counters and the corporate bandits. > > Tom H. Nagel > > Columbus, OH > > ----- Original Message ----- > > From: "Ed Berris" <[EMAIL PROTECTED]> > > To: <[email protected]>; "Jack Cooper" <[EMAIL PROTECTED]> > > Sent: Thursday, February 03, 2005 3:47 PM > > Subject: [RCSE] Lawyers are killing the kit business > > > > > > > I found this article on www.instapundit.com. It tells what lawyers are > > > doing that can hurt small model makers. > > > > > > Don Stackhouse already found out first hand what the impact of these > > > "shakedown lawsuits) are all about but I thought you all might want to > > read > > > this. Here it is: > > > > > > > > > "Lawyers Lay Waste to Military Models Industry > > > by James Dunnigan > > > February 3, 2005 > > > Discussion Board on this DLS topic > > > > > > For over half a century, kits have been sold that enable military histor > y > > > buffs to assemble scale models of military ships, aircraft and vehicles. > > But > > > that era is coming to an end, as the manufacturers of the original > > > equipment, especially aircraft, are demanding high royalties (up to $40 > > per > > > kit) from the kit makers. Since most of these kits sell in small > > quantities > > > (10-20,000) and are priced at $15-30 (for plastic kits, wooden ones are > > > about twice as much), tacking on the royalty just prices the kit out of > > the > > > market. Popular land vehicles, which would sell a lot of kits, are > missing > > > as well. The new U.S. Army Stryker armored vehicles are not available > > > because of royalty requirements. Even World War II aircraft kits are > being > > > hit with royalty demands. > > > > > > These royalty demands grew out of the idea that corporations should > > maximize > > > "intellectual property" income. Models of a companys products are > > considered > > > the intellectual property of the owner of a vehicle design. Some > > > intellectual property lawyers have pointed out that many of these > demands > > > are on weak legal ground, but the kit manufacturers are often small > > > companies that cannot afford years of litigation to settle this > > contention. > > > In the past, the model kits were considered free advertising, and good > > > public relations, by the defense firms. The kit manufacturers comprise a > > > small industry, and the aircraft manufacturers will probably not even > > notice > > > if they put many of the model vendors out of business. Some model > > companies > > > will survive by only selling models of older (like World War I), or > > > otherwise "no royalty" items (Nazi German aircraft) and ships. But the > > > aircraft were always the bulk of sales, and their loss will cripple many > > of > > > the kit makers. Some of the vehicle manufacturers have noted the > problem, > > > and have lowered their demands to a more reasonable level (a few percent > > of > > > the wholesale price of the kits)." > > > > > > I guess model kit makers will have to rename their models to avoid these > > > bottom feeding lawyers. > > > > > > Ed > > > > > > > > > > > > > > > RCSE-List facilities provided by Model Airplane News. Send "subscribe" > > and "unsubscribe" requests to [EMAIL PROTECTED] Please note > that > > subscribe and unsubscribe messages must be sent in text only format with > > MIME turned off. Email sent from web based email such as Hotmail and AOL > > are generally NOT in text format > > > > > > > > > RCSE-List facilities provided by Model Airplane News. Send "subscribe" > and "unsubscribe" requests to [EMAIL PROTECTED] Please note that > subscribe and unsubscribe messages must be sent in text only format with > MIME turned off. Email sent from web based email such as Hotmail and AOL > are generally NOT in text format > RCSE-List facilities provided by Model Airplane News. Send "subscribe" and "unsubscribe" requests to [EMAIL PROTECTED] Please note that subscribe and unsubscribe messages must be sent in text only format with MIME turned off. Email sent from web based email such as Hotmail and AOL are generally NOT in text format
