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toptrain
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 Posted - April 05 2017 :  5:39:40 PM Link directly to this topic  Show Profile  Add toptrain to Buddylist
A message I received from a member of the Anthracite Railroad Historical society. Concerning unauthorized copeys of a locomotive model that they produced.

Message is from here down . The post is as I recieved it with a request to post.
frank
-----------------------------------------------------------------------------

March 30, 2017

Dear ARHS Members and Friends,

Back in 2007-2008, as a fundraiser for the society, ARHS invested substantial time and resources in the development of an HO-Scale Baldwin DR-4-4-1500 “Babyface” model shell that could fit on a Life-Like Proto 2000 FA2 chassis. This involved researching the Babyface designs at the PA state archives in Harrisburg, PA, working with CAD designers to appropriately scale the shells, working with resin mold casters to alter the shells to “lock” on to a FA2 chassis, and procuring the necessary detail parts to accompany the shells (windshields, steps, horns, etc.) All of this time was invested by the Society to further our mission of historical preservation and to support the Society financially through sales of this model.

In January 2017, the ARHS was contacted by Mr. Bruce Gavin of Big Dawg Originals (BDO) (https://www.bigdawgoriginals.com/). Mr. Gavin informed the ARHS he was selling copies of the shells which he had made from a mold he had taken of one of our shells. To justify this piracy of our design, he alleged correctly that the design of the original locomotive was in the public domain, but incorrectly that the design of our HO scale model was also in the public domain. It is not. Mr. Gavin is presently promoting his pirated copies on BDO’s website (link above), via eBay here and here, and via Facebook here. Apparently sales have been substantial enough to justify a second run per BDO’s Facebook and web pages.

The ARHS takes the position that Mr. Gavin's actions constitute theft of our design. Apparently this is not the first time that Mr.Gavin has attempted to pirate someone else's work. Our claims of theft are echoed by reputable manufacturers (Athearn, Rapido, etc.), and have been posted or quoted in reputable online forums (i.e. Model Railroader here)

So where does that leave us? The ARHS has contacted Bruce Gavin of BDO directly stating our position and requesting he and his company cease from these illegal activities.

We are also asking for your help and cooperation by not patronizing this illegal activity, and spreading the word to other modelers of BDO's questionable reputation. Companies like BDO only have a market for their product if there are customers out there who support them. Margins in the model railroading industry have shrunk so much in recent years that the only manufacturers left are those that would not be in it except that they enjoy the hobby as much as the modeler does. As if the financial pressure on the industry from overseas manufacturing wasn’t enough, now we have issues from companies like BDO on the home front to deal with. Specific to the ARHS, it was our hope that the investment we had in the Babyface models years ago could be used to benefit the Society down the road with additional HO models, including double-enders, and possibly runs of the Babyface shells in additional scales. The actions of BDO have put these future opportunities at risk for the ARHS.

The ARHS board of directors requests your support in not patronizing companies such as BDO and encouraging your friends and family to do the same. There is nothing original about BDO. Their work is theft of another’s investment, design, and hard-earned ideas, plain and simple.

Warmest Regards,

The ARHS Board of Directors


March 31, 2017

Evan, Steve, and others:

Thank you for your continued support of the ARHS. As you may be well aware, we are a community-based 501c3 nonprofit organization. Our society is all-volunteer run with much financial support from members and friends. Those of us who volunteer for the society do it in our own time as we have families, jobs, etc that take precedence. We had a large up-front financial and "time invested" cost with the initial run of the babyfaces ~10y ago, planning on recouping these costs with additional runs in the future. It would be nice to see additional related projects for the babyfaces come forward for the ARHS.

That being said, this is a subscription-based group with volunteer moderator whose function is to primarily keep posts on topic and minimize non-productive back-and forth written confrontation among posters to the group. As far as I know, there are no confidentiality limitations to members of the group. Assuming I am correct here, you are free to repost at will, without modifications to the original post.

Best regards,

Ed White
ARHS Treasurer
On behalf of the ARHS Board of Directors

toptrain

" It's a Heck of a Day " !!!

Edited by - toptrain on April 06 2017 06:31:46 AM
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JRG1951
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 Posted - April 05 2017 :  6:22:25 PM Link directly to this reply  Show Profile  Send JRG1951 a Yahoo! Message  Add JRG1951 to Buddylist
Big Dog Originals and Mr. Gavin is a thief. This has been discussed on the Model Railroad Hobbyist site also. I will not do business with him because if he steals designs, how can he be trusted with my money.
Regards, John


The Lord commonly gives riches to foolish people, to whom he gives nothing else.<> Martin Luther

Edited by - JRG1951 on April 05 2017 6:32:18 PM
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LGLrr845
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 Posted - April 05 2017 :  11:06:50 PM Link directly to this reply  Show Profile  Add LGLrr845 to Buddylist
Jeez-o-whiz, the nerve of that guy. There's plenty of stuff to make in the model railroading world without having to resort to copying someone else's hard work.
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DanMacK
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 Posted - April 06 2017 :  01:59:43 AM Link directly to this reply  Show Profile  Add DanMacK to Buddylist
I love how on his website "Photo Gallery" isn't even spelled right. I saw reference to this guy and Rapido's shells. Unreal that' he's still doing it.

Buying one shell and cloning it for home use only... that's an ethics thing, but this is downright theft.
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JNXT 7707
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 Posted - April 06 2017 :  12:40:53 PM Link directly to this reply  Show Profile  Add JNXT 7707 to Buddylist
Aside from refusing to buy his products, are there no legal options available to the ARHS?

If he is copying mainline manufacturer's work I would think they have the means to pursue litigation as well....or is BDO exploiting some legal loophole?

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ZeldaTheSwordsman
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 Posted - April 18 2017 :  2:41:48 PM Link directly to this reply  Show Profile  Add ZeldaTheSwordsman to Buddylist
I think he's just taking advantage of the fact that lawsuits are often costly to carry out.
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Srenchin
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 Posted - April 19 2017 :  6:03:43 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
Playing the devil's advocate. How do you square condemning BDO on a website that honors Tyco, a company that stole many of its patterns from Athearn? For better or for worse, this is business as usual in the model train manufacturing industry.
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Edited by - Srenchin on April 20 2017 1:36:10 PM
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ZeldaTheSwordsman
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 Posted - April 19 2017 :  8:35:22 PM Link directly to this reply  Show Profile  Add ZeldaTheSwordsman to Buddylist
That doesn't make it right, especially not in this case.
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Srenchin
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 Posted - April 20 2017 :  12:34:36 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
Aside from refusing to buy his products, are there no legal options available to the ARHS?

If he is copying mainline manufacturer's work I would think they have the means to pursue litigation as well....or is BDO exploiting some legal loophole?

Originally posted by JNXT 7707 - April 06 2017 :  12:40:53 PM



Did the ARHS put a patent on their shell? If they did they would have something to stand on legally speaking, if not then they have a much harder case to make.

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Srenchin
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Another detail about this controversy that I am not clear on. Is the AHRS still producing their baby face shells? From the statement released by the Historical Society it sounds like they had "plans" for producing more shells in the future but weren't making any currently.

Without patent protection, the AHRS left themselves wide open to competition that would meet the demands of a market.

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Srenchin
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 Posted - April 20 2017 :  1:00:25 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
Big Dog Originals and Mr. Gavin is a thief. This has been discussed on the Model Railroad Hobbyist site also. I will not do business with him because if he steals designs, how can he be trusted with my money.
Regards, John


The Lord commonly gives riches to foolish people, to whom he gives nothing else.<> Martin Luther

Originally posted by JRG1951 - April 05 2017 :  6:22:25 PM



I'm surprised that you would take this stand John. Judging from some of your past posts on this forum, I took you to be a hard core conservative, no regulation, free-market kind of guy. In a true free-market situation if a business enterprise can't meet the demands of the market, they leave themselves open to competition. Are you suggesting that the market be regulated to prevent competition?

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Srenchin
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 Posted - April 20 2017 :  1:11:24 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
That doesn't make it right, especially not in this case.

Originally posted by ZeldaTheSwordsman - April 19 2017 :  8:35:22 PM



I don't know Zelda, it seems like this is how the free-market system works. Are you suggesting that we need a well-regulated market-place?

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Srenchin
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 Posted - April 20 2017 :  1:30:08 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
The best bet for the ARHS and BDO to resolve this issue is to settle on a licensing agreement. For every shell that is sold based on the ARHS design, BDO should pay a royalty fee to the historical society. No one wins if these two entities go to court.

By the way, does anyone remember the litigation disaster that befell Lionel, MTH, and K-Line? All that time, energy, and money wasted on court battles that could have been better used to produce new products to bring to the market.

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Edited by - Srenchin on April 20 2017 4:37:16 PM
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ZeldaTheSwordsman
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 Posted - April 20 2017 :  2:36:19 PM Link directly to this reply  Show Profile  Add ZeldaTheSwordsman to Buddylist
Why yes, Srenchin, I do suggest regulation. For one thing, I believe in *fair* competition, not free-for-all competition, if there is to be competition. A fair fight, instead of something riddled with stealing, cheating, sabotaging, and bringing steamrollers to bicycle fights.

And I wouldn't try to compare this to model railroad companies cribbing off each other's designs back in the day.
A. That wasn't exactly right either
B. They still did plenty of their own legwork and original design work on developing the molds for their versions of things. They weren't sneaking into each other's factories and grabbing molds, or taking impressions, etc.
C. They were for-profit businesses, ARHS is a non-profit club.

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Srenchin
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 Posted - April 20 2017 :  4:33:29 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
Why yes, Srenchin, I do suggest regulation. For one thing, I believe in *fair* competition, not free-for-all competition, if there is to be competition. A fair fight, instead of something riddled with stealing, cheating, sabotaging, and bringing steamrollers to bicycle fights.

And I wouldn't try to compare this to model railroad companies cribbing off each other's designs back in the day.
A. That wasn't exactly right either
B. They still did plenty of their own legwork and original design work on developing the molds for their versions of things. They weren't sneaking into each other's factories and grabbing molds, or taking impressions, etc.
C. They were for-profit businesses, ARHS is a non-profit club.

Originally posted by ZeldaTheSwordsman - April 20 2017 :  2:36:19 PM



Hi Zelda,

You didn't seem to have a problem with Tyco copying Athearn's Plug Door boxcar shell when the topic came up in my Tyco Plug Door Rebuilding Program thread....

http://www.tycoforums.com/tyco/forum/topic.asp?whichpage=-1&TOPIC_ID=16767&REPLY_ID=104265

Srenchin: What is really ironic is that if Tyco had done their own homework they may have discovered the welded construction Pullman-Standard PS-1 boxcar design. Imagine how much easier it would have been to decorate a smooth sided car with no rivet detail to get in the way of the printing proses.

Originally posted by Srenchin - January 26 2016 : 4:44:47 PM




ZeldaTheSwordsman : Perhaps. But at the same time, they might not have gone with it. They knew that a lot of modellers find something satisfying about the presence of rivet detail - after all, they made their 62' triple-dome tank cars (cars that they seem to have invented out of whole cloth) of riveted-construction instead of welded.

Originally posted by ZeldaTheSwordsman - January 28 2016 : 2:24:35 PM




Srenchin: By that logic Tyco would not have made their jumbo hopper cars. No, Tyco just copied other manufacture's work without even considering cheaper alternatives.

Originally posted by Srenchin - January 28 2016 : 9:33:21 PM



ZeldaTheSwordsman: And your point is? Tyco plainly did not always copy other manufacturers, as their unique streamline caboose and the completely-imagineered 62' triple-dome tank cars prove. The detail on those cars also demonstrates that even when doing their own work Tyco did not always go for that which would have been cheaper and simpler for them.

Originally posted by ZeldaTheSwordsman - February 09 2016 : 9:10:52 PM


So where is your condemnation of Tyco for stealing Athearn's work? I accused Tyco of theft and you didn't even see the point to my argument. Why does Tyco get a pass and BDO does not?

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Edited by - Srenchin on April 20 2017 5:28:47 PM
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ZeldaTheSwordsman
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 Posted - April 20 2017 :  5:32:11 PM Link directly to this reply  Show Profile  Add ZeldaTheSwordsman to Buddylist
A. I was more focused on other issues
B. READ MY ENTIRE POST. Or do I need to bold the relevant parts and bump up the font size so that you'll see them?

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Srenchin
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 Posted - April 20 2017 :  5:34:22 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
A. I was more focused on other issues
B. READ MY ENTIRE POST. Or do I need to bold the relevant parts and bump up the font size so that you'll see them?

Originally posted by ZeldaTheSwordsman - April 20 2017 :  5:32:11 PM



Yes, please bold the relevant parts.

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ZeldaTheSwordsman
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 Posted - April 20 2017 :  6:17:56 PM Link directly to this reply  Show Profile  Add ZeldaTheSwordsman to Buddylist
quote:
Why yes, Srenchin, I do suggest regulation. For one thing, I believe in *fair* competition, not free-for-all competition, if there is to be competition. A fair fight, instead of something riddled with stealing, cheating, sabotaging, and bringing steamrollers to bicycle fights.

And I wouldn't try to compare this to model railroad companies cribbing off each other's designs back in the day.
A. That wasn't exactly right either
B. They still did plenty of their own legwork and original design work on developing the molds for their versions of things. They weren't sneaking into each other's factories and grabbing molds, or taking impressions, etc.
C. They were for-profit businesses, ARHS is a non-profit club.

Originally posted by ZeldaTheSwordsman - April 20 2017 :  2:36:19 PM



If you want more detail..
A. It wasn't right when Tyco et al did it to each other then either. I didn't condemn Tyco for it back in your thread because my mind was more on countering your generalization that Tyco never did their own work ever.
B. Even when copying each other's general designs, they did not generally copy one another's assets. They made their own toolings, their own detail designs. Just compare Tyco's auto loader to the Athearn one it ripped off (mistake and all). BDO is cloning the assets of other manufacturers and in this case assets ARHS invested in the creation of for their exclusive ownership and use
C. ARHS is a nonprofit club who developed the model to do runs of for fundraising purposes, not a for-profit business who can possibly sue or at least fight fire with fire.

Another reason I didn't bother with condemning Tyco back in your thread: Tyco's crimes are in the past and Tyco as a company is dead. BDO is still active, causing damage in the here and now.

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scsshaggy
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 Posted - April 20 2017 :  10:18:01 PM Link directly to this reply  Show Profile  Add scsshaggy to Buddylist
What do we know for sure?

Do we know that Tyco stole Athearn designs, or could they have bought, licensed or otherwise gotten permission?

Not sniping, challenging or arguing. Just asking.

Carpe Manana!
Edited by - scsshaggy on April 20 2017 10:18:27 PM
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Srenchin
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 Posted - April 24 2017 :  11:06:30 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
What do we know for sure?

Do we know that Tyco stole Athearn designs, or could they have bought, licensed or otherwise gotten permission?

Not sniping, challenging or arguing. Just asking.

Originally posted by scsshaggy - April 20 2017 :  10:18:01 PM



Well GIC documented the similarities between the Athearn/Globe F7 shell and Tyco's shell here...

http://www.tycoforums.com/tyco/forum/topic.asp?TOPIC_ID=2159

I have no information on how Athearn felt about Tyco copying their shell.

Perhaps we could call this controversy "Traingate", the tag line for the lack of ethic in the model railroad industry! It could be just like "Gamergate" except without the misogyny!

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JNXT 7707
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 Posted - April 25 2017 :  01:36:46 AM Link directly to this reply  Show Profile  Add JNXT 7707 to Buddylist
Going back to the original issue - that of BDO 'stealing' the ARHS work.

Looking at it in purely legal terms (and bearing in mind I'm not a legal expert in anything)...it appears the ARHS left themselves open for this if they didn't protect their work with some sort of copyright.

This doesn't make BDO an angel in any light, but there's usually two sides to every story. I am interested in the public vs. private domain perspective that was alleged by ARHS. Or in other words, the design of a locomotive was done by the locomotive manufacturer and this can be modeled by a hobby company as 'public domain', yet a model of a model is private. I get that, but in order to prove this, I would think the first model design would have to be registered in some way.

Is this so?

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Srenchin
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 Posted - April 25 2017 :  12:30:58 PM Link directly to this reply  Show Profile  Add Srenchin to Buddylist
quote:
Going back to the original issue - that of BDO 'stealing' the ARHS work.

Looking at it in purely legal terms (and bearing in mind I'm not a legal expert in anything)...it appears the ARHS left themselves open for this if they didn't protect their work with some sort of copyright.

This doesn't make BDO an angel in any light, but there's usually two sides to every story. I am interested in the public vs. private domain perspective that was alleged by ARHS. Or in other words, the design of a locomotive was done by the locomotive manufacturer and this can be modeled by a hobby company as 'public domain', yet a model of a model is private. I get that, but in order to prove this, I would think the first model design would have to be registered in some way.

Is this so?

Originally posted by JNXT 7707 - April 25 2017 :  01:36:46 AM



I should think so too, the ARHS needs to prove that it has a patent on this particular shell design otherwise they have no legal protection against competitors copying their work.

I agree that this is a nasty way of doing business, but is it thievery? I am playing Devil's Advocate because there is a precedent for manufacturers cribbing each other's work. The means by which the copying is done is irrelevant.

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JNXT 7707
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 Posted - April 25 2017 :  3:55:32 PM Link directly to this reply  Show Profile  Add JNXT 7707 to Buddylist
quote:

I agree that this is a nasty way of doing business, but is it thievery?
Originally posted by Srenchin - April 25 2017 :  12:30:58 PM



And that is the real issue. ARHS claims it is. They also state that BDO has stolen designs from major hobby manufacturers.

So the question in my mind is why hasn't legal action been taken, especially by those manufacturers?

Just too many questions popping up to take this claim of ARHS at the face value of their letter. More information might clarify their allegations.

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fourteen
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 Posted - April 27 2017 :  02:01:47 AM Link directly to this reply  Show Profile  Add fourteen to Buddylist
This was also on one of the other railroad forums, think it comes down to cost of suing vs how much they would get back if won.
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