A few months ago, I received an email from Rick Longabaugh (Great American Scrollsaw Patterns) with what appeared to be a great deal that I could pass on to other scrollers. The site advertised unlimited reprint and resell rights to the purchased patterns. Apparently, Mr. Longabaugh’s ideal of reprint and resell rights amounted to “you can print them and sell them, as long as you don’t advertise them anywhere”.
After purchasing the patterns and placing them on this site, I was threatened with a lawsuit for violating the EULA (which appeared nowhere on his site at the time of purchase). I did find a “EULA” hidden in the downloaded zip file as “readme.txt”. After lengthy discussions with Mr. Longabaugh, his intent was to allow purchasers to print the patterns and sell the printed patterns as long as no advertisement (especially on the internet) was involved.
I made the offer to place links to his site for each pattern I placed on-line, however, he refuses to meet me half-way and continued to threaten with lawsuits if I put any of the patterns on-line. While I do believe I acted in good faith with what was advertised, and that his “EULA”, in the way it was presented was not legally enforceable, I have decided enough is enough.
It is my opinion that he acted in a dishonest and dishonerable manner, and I will not place his patterns on my site even if he changed his mind.
2 users commented in " Berry Basket / Great American Scrollsaw Patterns unethical dealings "
Follow-up comment rss or Leave a TrackbackI’ve read about this guy on a couple blogs today. While I can understand him not wanting you to sell his patterns online, he needs to say that up front in his sales pitch. Now I am NOT a lawyer, but if he’s advertising his patterns as coming with “unlimited reprint and resell rights to the purchased patterns” then providing more restrictive rights in his EULA, it seems to me that he’s engaging in deliberately deceptive marketing techniques. You may want to give your state’s Attorney’s General Office a call. Be sure to save the email and get screen shots of his website where he states you get unlimited reprint rights in case he changes the wording. If he’s already changed it, check out the Google cache of the page or the Way Back Machine at the Internet Archive. And let me say one more time: This is not legal advice and I’m not qualified to give anyone legal advice.
Jason,
Thank you for your response. In my previous email conversations with him, my biggest complaint was that he was being intentionally misleading. While I do have copies of his website (at the time of purchase), and there is already legal precedent that would support the idea that his EULA is unenforceable, I just don’t have the time to deal with a legal battle.
My intention was to be able to provide other scrollers good patterns at a great price. Being that Rick Longabaugh of Berry Basket/Great American Scrollsaw Patterns is behaving in the manner he is, I think it is important for other scrollers to be aware of it so they are not taken advantage of.
Rick (aka ScrollZilla)