Copy right

H

Hunter

Senior member
 notts/derby
Do BMW own the copy right or patent for the part on their cars..ie Body panels, lights, wishbones etc..........
 
So why are we allowed to talk about replacment non OEM parts for these items (like CSL reps) but we are not allowed to talk about a non OEM sat nav disc on this forum?
 
Hunter said:
So why are we allowed to talk about replacment non OEM parts for these items (like CSL reps) but we are not allowed to talk about a non OEM sat nav disc on this forum?
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I guess coz the Nav Discs are a byte for byte copy of the originals often with POI's etc added but still a direct copy rather than someone coding a new map disc based arouund the original.

I guess.
 
Its still a violation of a copyright...i just think there is a bit of hypocracy to allow the sale of blatant copied parts (BMW Roundels and badges, CSL REPS ) and then to tell members that they will be BANNED for discussing non OEM discs
 
Hunter said:
Its still a violation of a copyright...i just think there is a bit of hypocracy to allow the sale of blatant copied parts (BMW Roundels and badges, CSL REPS ) and then to tell members that they will be BANNED for discussing non OEM discs
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Get it right, it is pirated software, not non-OEM. Non-OEM implies you have a compatible disk using non BMW software that will work.

The reason for it is simple, BMW take a dim view of people pirating their software (hence the new copy protection measures). Some sites have been shut down by BMW for such things and it is just not worth the risk. Ultimately the forum owner (me) is responsible for the content on the site, and if we are seen to be distributing pirate software then I am accountable.
 
lol, its not controversial, i think its a valid question? If i get a valid answer il be happy :)
 
I still dont see the difference with people selling non BMW produck with the BMW logo on them......
 
Im assuming for the benefit of Z4-forum that the companies in question have been given permission by BMW to produce certain non OEM products.
 
Piracy is different tho, there was and always will be companies that produce alloys and aero kits for vehicles. The CSL reps will not be exactly the same anyway which will remove the copy write. There was an incredible case in China, have you seen they are basically ripping of european car designs and producing really bad copies at really cheap prices? BMW lost against the claim even tho it looked the same.

Isn't there a clause in copy write that you can use them after 5 years? or is that a patient. The patient/copy write laws are flawed anyway perfect example is the iPhone.

http://www.bmwblog.com/2008/12/19/bmw-loses-court-battle-to-chinese-x5-clone/
 
If you buy a BMW roundel off the street that wasn't manufactured or authorised to be manufactured by BMW then the manufacturer is in breach of copyright of BMW because it is a manufacturers mark and is associated.

If BMW have created a drawing of a part to be manufactured then this drawing is copyright protected, if another manufacturer makes an identical part, without agreement to this drawing they are in breach of copyright. However making a small change can lead to the item being unique and thus not in breach (BBS may have the right for the CSL design, another company can make something subtly different and not be in breach)

If BMW create a sketch/drawing of a vehicle, this is protected by copyright, so if another manufacturer copies the design then they are in breach, just recall the Samsung vs Apple debate.

For software and recordings it is slightly different, currently if you copy any recorded media i.e. convert a CD to MP3 you are technically in breach of UK copyright law. Anyone can write new software for existing hardware as long as it is different from the original, so I could write a new operating system for the iPad and as long as it is sufficiently dissimilar to the original I'm okay, however you can guarantee that Apple would litigate against me.
 
I know all this but id like some consistancy within this community, and not just a heavy handed " you will be banned" even if its being discussed via the PM tool. If there was a problem..which im not disputing, then a bit of a polite pm informing the parties of the situation. Also when giving a reason make sure it encompasses all similar breaches and not just the ones that suit the moment. As for the CLS not being the same..the word replica implies that they are exactly the same so if nothing else the site is allowing a misrepresentation of a product to be sold on the site, and if they are the same...well its back to being a copy right infringment.......
 
Regarding CD to mp3, if its for the CD owners personal use thats perfectly legal.

Regarding the use of material that a company has trademarked (eg the BMW roundel) then use by a third party is a civil offence. The manufacturer would be in breach of trademarking regulations (not copyright which is a slightly different thing).

Regarding technical drawings, I'm pretty sure from my experience in aviation that its the drawings that are copyright, not the thing produced from them. This explains why non-OEM parts are easily obtainable and legally marketed, so long as the manufacturer of that item has produced their own drawings of the part and not copied the original drawings somehow. It also partly explains why nobody takes any action against the many Chinese (close) copies of cars such as the Mini.
 
:headbang: So can we have a list of banned things that we are not allowed to talk about on the site...Sat Nav discs, non BMW products with BMW logos, Anything thats suggest that they are a direct copy..ie CSL reps....
 
:D i know, i just think that how the original thread was deat with was a bit harsh, even more so with the ambiguity of what breaching of what, copy right, patent or misrepresentaions are considered acceptable to the forum.
 
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