New Yacht Design or a Copy?

nano-J · 09-29-2006, 03:46 PM

Quote:

Originally Posted by Talon

COPY!!!!!

Your previously published pictures show this down to the 'T', Windows, Superstructure Lines & Window Locations.

The theft of ideas and concepts is common place and costs the person ££$$$$ if swiped.

Whilst they think the design is theirs, everyone else says Otherwise 'COPY',
apart from the blind ones.

Hey that sounds like a great name for the owner...instead of BLING...they can call it BLINd.

dbart9 · 09-29-2006, 04:20 PM

nice model...too bad it's got the wrong name and credit isn't being given where credit is due!

YachtForum · 09-29-2006, 08:23 PM

The curved windows on the model are the final proof. This had been the only missing element. Now... there is NO question... it IS a direct copy! Lars, I'm not sure how you contained yourself when you saw the model on display in Monaco. You must be an extremely disciplined person. If it was me... I would be turning models into balsa splinters.

Very, very dissappointing.

TRY · 09-30-2006, 10:45 AM

And another press announcement in the latest issue of "The Yacht Report".
Sensation will get another message from me, and the editor of TYR will be informed.

TRY · 09-30-2006, 12:26 PM

Within 15 minutes of my message to inform The Yacht Report I received the reply below.
I will certainly talk to Tork early next week and keep a record going here!
Sensation cannot and will not get away with this!

Quote:

Hi Luc,

I would be very interested to discuss this situation with you next week
please feel free to call me on +33 610 43 44 04

Best Rgds,

Tork Buckley
Editor Yacht Report

TRY · 10-01-2006, 03:35 AM

Hereafter a reply from Sensation Yachts...

What is surprising, and I will reply in that sense, is that these guys now try to revert into a position of plaintiff instead of the accused. Quite funny actually, because should they have an "original desing", there would be no need to take this position. It may be a good idea that one of the Yachtforums members or visitors with an undisputable technical background makes an analysis for SY to reply to.

Here's the "accusation" I now face...

Quote:

Dear Sir,

We forward for a further time our email of the 27th of September. As yet we have not received a reply, yet you are making statements that you have yet to support with any documentation as requested in our email to you on the 27th of September. Pleased be advised that should you continue to attempt to publish statements that are not supported by factual content, Sensation will engage to protect their reputation. If you could be so kind to forward documentation as to where you believe an infringement of design has occurred, we will actively review your documentation and move forward to find an acceptable solution. However, until this information is provided, Sensation is not in a position to consider your claim.

Regards,

Ivan Erceg

outmywindow · 10-01-2006, 10:31 AM

I think that we all appreciate the dilemma between AMG and Sensation Yacht, and don't for a minute assume that this thread is not read by everyone mentioned in it.
The question is, should this forum be a 3rd party to a potential lawsuit between the two parties, and if so what liability will it or it's members face if things get nasty?.
Just food for thought....
http://news.com.com/2100-1023-215292.html

Castlerock · 10-01-2006, 10:34 AM

This is a very interesting position they are taking. They want you to send all of the evidence for "discovery", why? Are they providing reciprical "discovery" to you? It appears that they want to offer you somthing if they find a design infringment, why? Did sensation get the design from a up and coming designer who stole it to make a name for himself? Now that they are into tooling is it too late and too expencive to change? Now they are forced to deal with the issue. Maybe look at where they sourced the design from.

In the mean time don't get boxed in a corner, hire a top notch copyright attorney who can defend your position. Your design and you should get the credit, and if they are indeed moving forward with the construction, you should be paid!!

Kevin · 10-01-2006, 11:36 AM

They're very defensive, aren't they?

Quote:

you are making statements that you have yet to support with any documentation

Interesting, but the last time I checked people were allowed to have an opinion.

Sensation is asking for proof, when in fact they should be the ones providing it.

AMG · 10-01-2006, 11:51 AM

Quote:

Originally Posted by outmywindow

I think that we all appreciate the dilemma between AMG and Sensation Yacht, and don't for a minute assume that this thread is not read by everyone mentioned in it.
The question is, should this forum be a 3rd party to a potential lawsuit between the two parties, and if so what liability will it or it's members face if things get nasty?.
Just food for thought....
http://news.com.com/2100-1023-215292.html

Hi,

Of course this is something that Sensation and myself will have to deal with if they should go ahead and build this boat, which I hope will not happen, but I also think that anyone must be free to give his or her opinion at the forum.

This is essentially also the conclusion of the article you refer to if you have read all of it.

outmywindow · 10-01-2006, 12:28 PM

Yes, I have read the whole article, and I realize that this is a Hot Issue for yourself and others (I personally sympathize). But the intention of my previous post is not to take sides or linger on the finer points of the Law, but to point out that some companies do use the court system to file libel suits, which may involve Yachtforums.
It does not matter who is right or wrong, freedom of speech etc, but how deep your pockets are to prove your point, and legal interpretations of such.
I would think that it’s Carl’s call if problems arise, as this is his forum.

AMG · 10-01-2006, 12:56 PM

Sorry Outmywindow, but maybe you did not read the whole article where it says this; "If ITEX can't find out the real identity of the "John Does," it probably won't sue Yahoo, either. According to the so-called Good Samaritan provision of the Communications Decency Act, interactive computer services can not be "treated as the publisher or speaker" of the content posted by a third party."

So why threat Carl when not even your example has lead to any lawsuit? What is discussed on YachtForums is not to compare with the ITEX issue.

And this is not a Hot Issue for me, but it could be one for Sensation Yachts.

Arniev · 10-01-2006, 07:18 PM

Lars,
You're right. One cannot compare the ITEX issue to YF.
YF is a venue where members express their "own personal opinions" with the purpose of fostering an "interactive, constructive and informative discussion" of varied topics related to Yachting.
Therefore, the views expressed herein are those of the members and do not necessarily reflect those of the publisher of this forum.
Arnie

TRY · 10-02-2006, 01:29 AM

In view of the "law and order" discussion in which my personal action seems to develop I will take the direct argument offline.
Not the most brave, but perhaps the most efficient decision.

oct0gen · 10-05-2006, 01:52 PM

AMG,

I'm a fan of your designs. While I can't afford to have you build me a yacht (yet), I have enjoyed "customizing" one of your designs that I liked. I was wondering if you would mind if I posted a couple pics the modified design. I figured that since we were on the subject of plagiarized designs, here would be as good of place as any to ask.