Thanks for the compliment. Two more being written over this upcoming winter. Jerry Sent from my Verizon Wireless BlackBerry
-----Original Message----- From: John <[email protected]> Sender: [email protected] Date: Mon, 6 Sep 2010 17:40:01 To: [email protected]<[email protected]> Reply-To: [email protected] Cc: [email protected]<[email protected]> Subject: Re: [ercoupe-tech] Re: mechanical research [was re: fuel pump bolt tor que] And you have written some great books too! This is a very special group. John Sent from my iPhone On Sep 6, 2010, at 5:19 PM, [email protected] wrote: > I, too, am a practicing lawyer, primarily on the defense side in > aviation litigation. I totally agree with Mr. Burwells' comments. > > One of the members of this group is a sitting United States District > Court judge. He is an active pilot whom I've for decades. > > I seriously doubt that many of us are "sue happy". > > Jerry Eichenberger > > Sent from my Verizon Wireless BlackBerry > > From: <[email protected]> > Sender: [email protected] > Date: Mon, 6 Sep 2010 17:52:48 -0400 > To: <[email protected]> > ReplyTo: [email protected] > Subject: RE: [ercoupe-tech] Re: mechanical research [was re: fuel > pump bolt tor que] > > > First let me say that I own and fly an Ercoupe. I have been a > lawyer for 50 years. Although I am still licensed to practice, I am > now basically retired. I don’t have some big pile of money that I g > ot by exploiting or stealing from other people or by pursuing spurio > us, non meritorious lawsuits so as to harass or just to extort money > out of people because of my own greed. > > > > I also served my country. I was a jet fighter pilot in the U.S. Air > Force and retired out of the Reserves at the rank of Lt. Col. I’m a > 80 year old widower and live in a 1,000 sq. foot condominium unit o > n Social Security and a small Air Force pension just like most other > elderly do. I consider myself lucky that I can barely afford to ow > n, maintain and occasionally fly my Ercoupe. > > > > Now I can laugh at a good lawyer joke just as well as the next guy, > but I notice people are quick (but usually not quick enough) to seek > out a lawyer when they are in some sort of personal, financial, or > legal jeopardy. I do acknowledge that there are some lawyers who > engage in sharp practice, and/or whose ethics are at best, > questionable. > > > > Yes, anyone with the price of a lawsuit can sue anyone for anything > but in most, if not all states a lawyer who should have known his/ > her lawsuit had no merit can be fined in money damages and > sanctioned with other penalties and costs. In some state, the loser > pays all. > > > > I hasten to say that I have not read all of the string of comments > being made about the feared legal liability for sharing, or perhaps > placing for sale in commerce this so called “contra-band” or fear > about possible “criminal” penalties for copyright infringement, > fraudulent registration, fraudulent claims, or misuse of copyright, > perhaps trademark or patent infringement. > > > > One more thing I should mention: Copyright, Trademark and Patent law > is not my area of expertise. That said, I’m trying to ascertain pre > cisely what this material is that everyone is talking about. Is it t > he index that William R. Bayne has compiled over a number of years, > it being his own work product to reference various source materials, > manuals, AD’s, etc., that would be beneficial for other members of > the Forum to share? > > > > If he intends to sell his index; i. e., place it in interstate > commerce and it is entirely his own work product in my opinion he > can copyright it himself without legal exposure even though it might > make reference to documents that are themselves copyrighted or > already in the public domain. If he intends to quote verbatim > material authored and copyrighted by others he may need their > permission and have to include that permission by reference to the > copyrighted source. His own copyright will be protected as long as > this index is his own creation and he is therefore the first to put > it into commerce. > > > > Certainly he would be wise to get advice from a patent lawyer on the > subject. But, as far as Ercoupe owners who are lawyer predators who > are by the way probably going to benefit by being able to share the > information compiled by him just waiting to pounce on their fellow > Ercoupe owners with frivolous lawsuits, please give me a break! > > > -----Original Message----- > From: [email protected] [mailto:ercoupe- > [email protected]] On Behalf Of William R. Bayne > Sent: Monday, September 06, 2010 5:32 PM > To: [email protected] > Subject: Re: [ercoupe-tech] Re: mechanical research [was re: fuel > pump bolt tor que] > > > > All, > > I think Dave carefully read my concern(s) and had a bit of fun with > "tongue in cheek". The "legal perspective" of almost anything is > one or more "bubbles off" from the world in which most of us live. > > Unfortunately, Dave is 100% right when he cautions any and all to > "look down the road" in neighborhoods would likely not choose to > travel lest we be dragged down an alley and assaulted. I welcome > his comments and am attempting give each due consideration. > > Human beings tend to generally separate into two "camps". By far > the largest is those who focus on what can't be done. The distinct > minority are those who pay only sufficient attention to how > something can't be done so as to avoid the potholes that have > adversely affected others whose common goal is one or more ways it > CAN be done (and preferably at some profit at some stage by someone). > > I believe I can gather and publish with minimum risk a Personal > Ercoupe Technical Bibliography (Annotated). This would be, by > definition, my personal index of subjects cross-referenced to > sources that, in my sole opinion, constitute the best information > available of use to those who own and/or maintain Ercoupe, Forney > and Alon aircraft. It would be clearly identified as the product of > a layman NOT professionally trained or certified in aviation > maintenance in any specialty other than by dedicated and reasonably > thorough reading. > > Accordingly, I should not be "accountable" to any professional > standard as to the perfection or completeness of my personal > observations, offered exclusively (as a "premium", like the cups, T- > shirts, CDs and DVDs on Public Television) to those willing to > contribute at a certain "level" (or more) to the ongoing operational > expenses of the Texas Ercoupe Museum, soon to be incorporated as a > 501(c)(3) educational non-profit organization. Several years ago I > attempted to set up a committee that might perpetuate such efforts > (I just turned seventy). From that experience I can personally > confirm that such a committee becomes a cul-de-sac into which good > ideas are diverted and then quietly strangled by competing egos. > > The Ercoupe Parts Manual, Service Manual and Bulletins and Memoranda > are generally information that has been available publicly before > 1950 and respective copyrights of this early material not timely > renewed by the succession of owners. That is how one can buy the > original versions from Wag-Aero and Essco, among other sources. > CAA/FAA publications would seem to be in the public domain being a > work product represented and disseminated in the public interest by > persons whose salaries are paid by all taxpayers. > > As to individual Service Bulletins, etc., Manuals and the like from > Forney, Alon and Mooney, it is my understanding that facts cannot be > copyrighted. Only a specific presentation is subject to copyright. > All "FAA Approved Flight Manuals" are similar (for clarity) between > aircraft and manufacturers (just as are, today, certain instrument > and control layouts). Such publications are, by definition > educational in nature. The "educational exemption" to strict > author's rights of reproduction would seem appropriate for any judge > and/or jury to accord any good-faith attempt at wider and clearer > dissemination of information important to the safe operation of > aircraft (whether specific or or in general). > > Such efforts, so long as they are not hopelessly incompetent or > motivated by personal greed, should improve the preexisting level of > compliance with authoritative maintenance and operational > information sources. It would seem appropriate to claim such > publication (clearly credited as to source) could reasonably be > expected to improve the awareness of both owners and mechanics such > that "safety of flight" is increased in the overall. I would, > therefore, expect such publication to be deemed more "in the public > interest" than any author's rights as would pertain to brief > references to and from a given original publication. > > At the end of the day, the Texas Ercoupe Museum will never have the > "deep pockets" to attract the professional attention of an ambitious > attorney ;<) > > Regards, > > William R. Bayne > .____|-(o)-}____. > (Copyright 2010) > > -- > > > On Sep 6, 2010, at 11:47, Ed Burkhead wrote: > >> >> >> >> David, >> >> Correct me if I'm wrong, please. >> >> I think it is safe to publish an index saying WHERE to find >> information provided that you write it in your own words. Would >> this not be legal and safe? >> >> What is the legality of posting an actual copy of public government >> documents, i.e. TCDS A-787? >> >> Ed >> >> >> > > > Reply to sender | Reply to group | Reply via web post | Start a New > Topic > Messages in this topic (22) > RECENT ACTIVITY: New Members 3 New Files 1 > Visit Your Gro
