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· Super Duper Mod Man
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10,479 Posts
Re: Yamaha Shuts Down, Then Licenses To, FZ-1 Site

"Anyway, shame on them for stealing stuff, shame on longride and MO for posting this without first following up, and this leaves the question: If someone was stealing your work product and re-selling it, would you let them license it after-the-fact or sue them back to the stone ages?"

How about just having them take it down instead of going the C&D route? This was a site promoting their products and informing their owners, not pirating for profit. A simple letter to remove the offending material would have sufficed, I am sure. This site never got a letter, but got a C&D order to shut down the site or transfer ownership to Yamaha. Anything that was posted here at MO was not untrue. Yamaha lawyers just went to shut them down, period, with no warning. Yamaha claimed to have no knowledge of what was done. The site currently is still not posting any Yamaha logo, pictures, and even the site URL is in question at this point. Even though the sued ranter was going off on Yamaha, I think he certainly objected to the heavy-handed treatment more than anything. Both sides of every story are not always posted here. That's why follow-ups can be posted. When Harley had a class action suit filed against them, nobody ever went to Harley to ask their side of the case. We only posted the plaintiffs case, which certainly could have been a complete lie and fabrication. I checked the site in question and they are still shut down by a C & D order from Yamaha. So let me answer the question of what I would do if somebody is "stealing my stuff". So, I have someone that is stealing my stuff and making practically nothing because of it, yet is promoting my products heavily and has certainly increased the marketing, loyality, and sales of my product without me paying a dime. Hmmmm. Anyone could figure a phone call or letter explaining the copyright infringement, and why it needs to be removed, with an offer of licensing, would have solved the problem easily. That's my take.
 

· Super Duper Mod Man
Joined
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10,479 Posts
Re: Yamaha Shuts Down, Then Licenses To, FZ-1 Site

First, the question of this site selling anything is in question. Second, you somehow managed to remind a person that made you money. The FZ1 site makes Yamaha money. They went for the throat and I believe got caught in the blowback. I'm sure they got plenty of love letters over their little power play. The only people interested in their $60.00 manual already bought an $8,500.00 motorcycle. I'm not sure they did the smartest thing in the world here. KPaul is 100% in Yamaha's corner, so that should give you an indication they screwed up.
 

· Super Duper Mod Man
Joined
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10,479 Posts
My fault 100% for posting this thing. I started this mess, and now I'm going to end it. Seems like the site wasn't as bad as posted and neither was Yamaha. Both came to an agreement, and the following statement is from their site:





Ok Guys,



Here is the scoop.



I just got off the phone with Brad Bannister and Bob Starr of Yamaha. They were finally able to track down who sent Pat and I the C&D. As I suspected it was an attorney on retainer by Yamaha to protect its intellectual property on the internet. Yamaha has several of these firms working for them and they do not inform Yamaha of every C&D they issue. So it took some time for them to track down exactly who issued the C&D and what it was for.



Long story short, Yamaha is sending me a licensing agreement for the FZ1OA so that we may use their trademarks on our site. I should have it next week some time. Once I do we will put the web site back online.



In closing I'd like you all to know that both Bob and Brad were very apologetic about the situation. They were also very instrumental in getting this resolved in a positive way for the OA. We couldn't have done it without their help.



I would also like to thank Mitch Boehm, Marc Cook and our very own Wyn. These guys really went to bat for us and got me in touch with Brad and Bob.



My hats off to each of you!



Steve





So, I screwed up for posting the thing, Yamaha wasn't sure what went down when things happened, and the site got scared, and people went off. So, is hit the fan and now let it die. I think everyone learned something here. I know I did. Yamaha did right by the site, and the site did right by Yamaha. So please buy your FZ1's with complete confidence. Now I'm going off to stick some needles in my eyes for some pain relief. My apologies to everyone.

 
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