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Old Feb 03, 2005, 07:11 PM
Ed Berris
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n/a Posts
Fw: Lawyers are killing the kit business


----- Original Message -----
From: "Ed Berris" <eberris@earthlink.net>
To: "Tom H. Nagel" <tomnagel@iwaynet.net>
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" <tomnagel@iwaynet.net>
> To: "Ed Berris" <eberris@earthlink.net>
> Cc: "RCSE" <soaring@airage.com>
> 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" <eberris@earthlink.net>
> > To: <soaring@airage.com>; "Jack Cooper" <leg@leadingedgegliders.com>
> > 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"
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> that
> > subscribe and unsubscribe messages must be sent in text only format with
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AOL
> > are generally NOT in text format
> > >

> >
> >
> > RCSE-List facilities provided by Model Airplane News. Send "subscribe"

> and "unsubscribe" requests to soaring-request@airage.com. 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
>



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