thelawgod

OMFG. The inventor must be a sport climber. That has got to be one of the dumbest things I've ever seen.

Really? That's the pat. I got from your link. What the Pat. No.? (btw, your link times out).

Not sure I'd call it new....

True, but you’re talking about a utility patent--I was referring to a design patent, i.e., a patent that protects only the appearance of an article, but not its structural or functional features. 17 U.S.C.A. § 101 "Pictorial, graphic, and sculptural works" include two-dimensional and three- dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.

Even if he was - the designs aren't controlled in any way. That's not true—such designs are protected by copyright and could be protected by design patent. ddb’s copying of the structural characteristics of a preexisting holds could be argued a fair use of the hold manufacturer's copyright (however, valid arguments exist to the contrary as well). Realistically, however, unless ddb sells the holds (as mentioned previously) no usage problems will likely ever arise. Fucking lawyers.

Dru said this is a post like catbirdseat contest, not a post like Beck contest--get it right!!

Fuckin Lawyers!

All copyrights are Federal copyrights in the U.S—Federal law preempts all state law w/regard to copyright. You don’t have to apply for the Federal protection, you automatically have such protection by default. The registering of a copyright simply (1) Makes it possible for the owner to sue for infringement of the registered copyright; (2) entitles the owner (in the court’s discretion) to statutory damages; (3) entitles the owner to attorney’s fees. And the watermarking of the “copyright” notice on the photos doesn’t have to be so blatant—a small © symbol anywhere on the photo would do. In fact, since March 1, 1989 (when the US joined the Berne Convention), marking a photo (or any copyrightable work) as “copyrighted” is no longer required for protection (although, by using a copyright indicator, infringers cannot successfully argue that they didn’t know something was copyrighted). This is a very common misconception, or misunderstanding of the law. I've litigated copyright infringement actions under both federal law, 17 U.S.C § 101 et seq., in Federal Court and under common law in State Court. If you have not registered the copyright with the federal copyright office, then you are not afforded the protections of the statute: i.e. access to federal courts, attorney fees/costs, statutory presumptions of damages, etc. In order to bring action under the Copyright Act, an owner must, in addition to holding exclusive right, register copyright claim in accordance with Copyright Act. See Tang v. Hwang, E.D.Pa.1992, 799 F.Supp. 499. However, one may still register the copyright after an infringement and thereby access the Federal Court and the protections of the Copyright statute. Morgan, Inc. v. White Rock Distilleries, Inc., D.Me.2002, 230 F.Supp.2d 104. While a copyright holder can register copyright and file suit after infringement occurs, doing so negates recovery of statutory damages, as opposed to actual damages. See Olan Mills, Inc. v. Linn Photo Co., C.A.8 (Iowa) 1994, 23 F.3d 1345, 30 U.S.P.Q.2d 1798, rehearing denied. So preemption ONLY applies IF you register the copyright with the federal copyright office. (This is often referred to as “statutory copyright.”) Even then state courts can still have concurrent jurisdiction, applying the Federal Copyright statute. So it is correct to say that regardless of registration a copyright still exists, however it is incorrect to say that preemption always applies. The same is true for trade names, trade dress, and trademarks. However, very few ever proceed solely under common law protections, because the common law protections pale in comparison to the protections of the Federal Copyright statute. I’m sure that I bored the hell out of many of you. However, this is a very common misconception that I find to be very pervasive among amateur photographers, especially climbers. If you are actually selling the photos, through a retail outlet, I highly suggest that you register the copyright with the Copyright Office. TheLawGod's statement is not incorrect, but it is not correct either. Good luck. i.e., state law may not contradict federal law. If federal law completely addresses a particular area, then state law in that area is preempted . E.g., the United States Patent and Copyright Law (after the 1976 Copyright Act); otherwise states may legislate. I don't think what I said was wrong—my point is that state law does not trump the Berne Convention provisions.

All copyrights are Federal copyrights in the U.S—Federal law preempts all state law w/regard to copyright. You don’t have to apply for the Federal protection, you automatically have such protection by default. The registering of a copyright simply (1) Makes it possible for the owner to sue for infringement of the registered copyright; (2) entitles the owner (in the court’s discretion) to statutory damages; (3) entitles the owner to attorney’s fees. And the watermarking of the “copyright” notice on the photos doesn’t have to be so blatant—a small © symbol anywhere on the photo would do. In fact, since March 1, 1989 (when the US joined the Berne Convention), marking a photo (or any copyrightable work) as “copyrighted” is no longer required for protection (although, by using a copyright indicator, infringers cannot successfully argue that they didn’t know something was copyrighted).

Isn't that thelawgoddess! What's so special about a girl that can whistle? Shit, practically anybody you stop on the street can whistle... Here's one now:

I concure cave man Spell check, for the love of god SK, use spell check!

Yellow Jacket Tower has about a third of a pitch of fun climbing, but the approach is up a long, steep hill that erodes with each step. Party inflicted rockfall is likely on the upper half of the apprach. All in all, this is one I'd leave alone What a pussy. The approach at most takes 1 hour, and the climbing, while easy, is memorable and in a beautiful setting. Kind of cool to straddle the tiny summit while overlooking icicle canyon IMHO.

Just right for Beck's fest:

An excellent question.

First, please send picture of rack. If it's a nice rack we'll talk.

Hey! All you Exit 38 fuckers who TR through the chains--FUCK YOU! Had to save a gal last time I was there whose rope got fubared because her partner though that it was AOK to set up a TR though some bolts.

The vodka wouldn't have anything to do with it, huh?

8=) Suck it Toast!

It will be one of the greatest endevours you will do, at least with the Tacoma branch, unless of course you know everything already. If you are sketchy on what constitutes a safe anchor, absolute bombproof protection, and want to climb with a bunch of great people, then the intermediate class is for you. Have heard that the mothership of Seattle has a big class, not so personal. Wouldn't recommend for experienced climbers unless you want to lead for the club. Interesting; I wouldn’t call it the greatest endeavors of one’s life (unless you lead a rather boring life); all that you have to do to graduate the class is do a few easy rock and glacier climbs (some in the winter). I don’t dispute that it can be a lot of work, especially for novice climbers, but “the greatest endeavor”—hmmmm. I’m no fan of the Mountaineers for several reasons that I won’t get into now, but, trying to be as objective as possible, I would watch out for what the instructors teach you. Indeed, some instructors will be quite knowledgeable; however, when I wasted money on the class (opp, must stay objective, sorry), there were several instructors that I felt didn’t know jack shit about creating bombproof anchors and/or placing good pro. If you’ve placed gear and done a bit of leading I’d say go buy yourself John Long’s anchors book, read it a bunch of times, practice creating anchors on the ground, and then go climbing with (some of) the people you meet on this site; IMHO that would be a better investment. If, however, you need hand-holding and step-by step instruction (which there’s no disgrace in), maybe the class is right for you. In general I think that the term “intermediate” climbing is deceiving; what the hell does that mean? It’s not really an “intermediate” class, as the skills taught are the most basic; however, the class does teach more than the “basic” class. Hmmmm. Also, I must say that I really haven’t cared for most of the mountaineers members that I’ve met. Of those I’ve met, perhaps I’d climb with 10%. Mountaineers members have quite a distinct personality—you’ll either like them or hate them.

I tried it and thought that it was a total waste of time. I can honestly say that I learned NOTHING! The leading instruction can be useful if you have no experience placing pro, but the ice climbing field trips were so lame I hardly know what to say. I hear the Boalps class is much better.

Team HC huh? Scott, you have ANY ideas that are your own?

Asthma sucks, but don’t think that you’re friend is any less capable than anyone else. I’ve had bad asthma my whole life—never go anywhere w/out my puffer; still, I’ll climb circles around most of you bitches. I’m an avid rock climber; ice climber; mountaineer, skier, and runner (I even scuba dive). If I was to listen to all the dip shit mother fucking doctors, they’d have me believe that I should “take it easy” and “take exercise in moderation.” Fuck them—the worst my asthma’s ever been was when I “took it easy”—the more I climbed and the harder I pushed myself, the better my asthma got. I’ve built up my cardiovascular system and my fitness level and I feel great. I’ve climbed all the big WA peaks numerous time—no fucking problem. FWIW, asthma is but one of two serious diseases I deal with—fuck all you pussies, I’ll still out climb you any day! You don’t have to baby sit us asthmatics—we’ll “make sure we take our fucking inhalers.” Well ropegun fer ya fuckers any day biatch!

Indulge us—sounds like you’ve done quite a few—which ones?

My hero