[AMRadio] Heathkit Manual Copyright Challenged
manualman at juno.com
manualman at juno.com
Fri Dec 28 23:50:13 EST 2012
Bob:
I'm not a lawyer either (I did play one in a school play) but I doubt
Heathkit's filing Chapter 7 in 2012 would impact Datapro's acquisition
back in 2008. As seen in the Agreement PDF, it's a valid contract, signed
by both CEO's and filed legally in the state of Michigan. Whether
Heathkit exists or not, Datapro's acquisition stands on its own merits.
Likewise, any enforcement of "duplication, distribution, authorization"
is also only in Datapro's hands.
It's interesting how the word "Copyright" and "copyright" has twisted so
many people in different thinking directions over the last several years.
Pete, wa2cwa
On Fri, 28 Dec 2012 20:53:31 -0600 Robert Nickels <ranickel at comcast.net>
writes:
> Here's another archived copy (with the $$$ redacted):
> www.pestingers.net/PDFs/Agreement.pdf
>
> What's interesting is, Don Peterson purchased the "Legacy Manual
> Duplication and Distribution" rights (but NOT the copyrights) from
>
> Heathkit when it was in business and legally controlled those
> rights.
> Heathkit Corp. was later dissolved under Chapter 7 of the Bankruptcy
>
> Code which requires that operations cease and a court-appointed
> trustee
> liquidate the company's assets. The assets of the company are sold
> for
> cash by the trustee and whatever is left is divided amongst the
> creditors. The trustees job is naturally to get the maximum
> amount of
> money out of the company assets (and to make sure the lawyers get
> paid
> first, naturally ;-))
>
> I'm not a lawyer, but I think it's accurate to say that control of
> the
> Heathkit intellectual property (including all patents, copyrights,
>
> trademarks, etc) has shifted from the company to the bankruptcy
> trustee. Only a lawyer could explain what effect (if any) this
> has on
> the Duplication and Distribution rights agreement.
>
> 73, Bob W9RAN
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