In August 2004 I made a posting to the listserv regarding an unusual
medium to provide a training video. Recently, I received some mail
regarding this August post.
I want to clarify that the folks at Pedal Magic are simply protecting
their patent and do not want their product freely circulating in
libraries. Circulating a legally acquired copy of the VHS video is not
a violation of copyright laws however it would be a patent infringement.
---------- Original Message ----------------------------------
From: "Jaeschke, Myles" <firstname.lastname@example.org>
Date: Mon, 14 Mar 2005 11:15:06 -0600
I thank you for your correspondence below. Neither I nor the Tulsa
City-County Library wants to circulate items in our collection illegally
whether it is a book, VHS, DVD or any other medium.
Circulating a legally acquired video in a public library is certainly
not illegal. However, as you have explained below your training program
is a patented product and requires a license from your company to be
legally viewed regardless if it is on a CD-Rom or on VHS tape.
Circulating this item without a license is indeed illegal infringement
on your patent.
Tulsa City-County Library is aware of licenses being required for
circulation of certain materials and we have in fact purchased licenses
for products in the past.
I appreciate you pointing out that your product requires a license
before I acquired a copy. Tulsa City-County Library will no longer be
looking to acquire your product Pedal Magic and circulating what would
be an illegal circulation.
I also regret comments that I made in what I thought was a private forum
for media librarians which turns out not to private but can be found
publicly via the listserv archives.
Tulsa City-County Library
Dear Mr. Jaeschke,
In the past some libraries have tried to carry VHS Pedal Magic video.
Enclosures in the Pedal Magic video sleeve as well as explicitly
narrated instructions on our video clearly explains to anyone handling
it that Pedal Magic is a patented process that is licensed to each
individual by us for personal use upon payment of a license fee. If a
library facilitates use of our process without license payments to us,
it is actively conducting an illegal activity.
Whenever we have come across libraries circulating Pedal Magic VHS
video, we have had our patent attorney contact them to stop the practice
and return the video to us. In the past we have forgiven the libraries
the damages they have cost us. However, in your case we now have a
record and a witness (soon to be many witnesses) reading your statement
that you plan to actively pursue a path towards violating our
intellectual property rights. I assure you that if you start circulating
unprotected Pedal Magic video to your patrons we will be seeking the
full extent of damages from you and your library.
Thanks and all the best,
Reginald Joules, Principal
Ushar Enterprises Inc
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