View Single Post
Old 12th May 2003
  #9
The Distressor's "daddy"
 
Dave Derr's Avatar
 

Trademarks and Lawsuits

Hiya Renie

I'm more or less ambivilent about people using the name Distressor in a preset as long as it's not marketed loudly. Most folks will know it doesn't come from Empirical Labs. If it sounds really good, it will increase the plug-in folks' awareness of the Distressor/Fatso, if it sounds really bad... call us and we'll sell you the real deal (laughing). We're probably not going to sue anyone because they made a preset and named it Distressor. If they advertise it as a software Distressor... thats a different story. We do own the trademark.

One of my pet peeves is how ready Americans are to use lawyers. I hate it. Frainkly, I dont understand why the judges continue to send the message "YOU ARE NOT RESPONSIBLE FOR YOUR ACTIONS, BECAUSE THERES IS PROBABLY SOMEONE ELSE YOU CAN BLAME FOR YOUR OWN STUPIDITY". Its a horrible horrible trend and its GOTTA turn around! Where will it end? WE already have to put lables on things now that make me laugh, so the manufacturer feels a little safer from lawsuits.

If someone takes a hammer and starts using the claw of it to pry out his eyes, do hammer companies have to put a warning "KEEP HAMMER AWAY FROM YOUR EYES"?

The gun issue is the current silly mockery. HOW CAN IT BE THE GUN MANUFACTURERS FAULT IF SOMEONE KILLS SOMEONE ELSE! Maybe its the courts fault for making it so easy to sell guns, but its not COLT's fault for making a good product, goddamn it! No wait... maybe we just need a label on the gun "Bullets can be harmful to yourself and others"!

America wasnt created by a bunch of lazy slobs looking to "win the lottery" by a stupid lawsuit, because they smoked cigarettes for 30 years, even tho every pack of cigarettes has two warnings on them... even tho a 5 year old knows CIGARETTES ARENT FRIGGING GOOD FOR YOU! There are actually people who think they deserve to get rich because they walked out between two cars, or slipped on a wet floor. Its really pathetic, dont you think? Those people are just too frigging stupid to earn a real living. Where will it end?

Urge your courts and judges to start holding people accountable for their own actions. Dont let lazy stupid people "get over" on the system at the expense of good people, who try to produce good things, and have good intentions. To me many of these cases should be "tossed" just by looking at peoples knowlege, and their intentions.

How is that for a Rant?


SOooo no, Im not going to get too angry or sue because of a preset named "Distressor" or "Fatso". Just dont advertise them as such.

ONE other note: Aphex had every right to take Behringer to court a few years ago for directly copying a patented design. I for one am very, very glad. Its one thing to borrow parts of designs and tweak them mercilessly, combining things in new ways with new controls. Its another thing to blatently steal someone elses work and compete directly with them. Marvin Ceasar (SP?)and Aphex are innovators and make GREAT products. They had balls to take Behringer to court, to persevere, and finally win at great personal expense to Marvin and his company because again, it protects other companies (like me) from lazy predators, stealing their hard work, and sends a clear message. AND this is where courts are SUPPOSED to work, upholding their own decisions and laws (Patent laws in this case). Someones intentions account for a whole lot in my book.