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License agreements:

 

 

<I finally had a chance to talk to Nat last night. He said that the license agreement was originally to aid in building the kit that Aerocad is selling. Nat also said that he never gave Jeff permission to sell modified "Plans Built" plans of the Cozy (the AeroCanard FG) or exact plans of the Cozy (the AeroCanard SB). Nat also said that he obtained a copy of the Aerocad Plans for a pending law suite and that the Aerocad plans are from version 1 of the Cozy Plans and that none of the updates and revisions from the last 12 years are included. (Current plans are Version 3 with letter updates). Also, the extra rear passenger space comes from the removal of the NACA duct underneath replaced by less efficient (less aerodynamic) armpit ducts. >

 

In defense to our company and what we sell, This post as attached is from a potential customer and has serious implications. I know that this is “hear say” but this is a quote about what someone said to this person about our products we sell. We have a court order disallowing this company from doing this and this back stabbing behind our back must stop.

 

First of all, we have sold plans and have from the year 2000. They also come with full size drawings. I will change the website to stop any confusion about the full size drawings. Our plans that were sold have been updated to have all the revisions to date. The plans that were recorded in evidence in 1999, were plans for a kit AeroCanard and would not allow you to build “plans built style”. This post is not about loyalty from two types of groups but someone trying to act on unfair trade practices for their own benefit to sell their own products.

 

I have attached several parts of our consent order to rest my case. The total agreement is up on AeroCad’s website.

AeroCad is alive and well with new owners in place. They will be formally making a press release soon with this announcement. These people have been in training for two months and are geared up for full production. I will be assisting in the customer service and quality control for years to come. Check out our website for those updates.

 

On January 15, 1999, Judge Tilley entered and filed a Consent Judgment in the above-entitled action (the “Judgment”). The Judgment, which also was signed by counsel for the parties, provided inter alia that “the terms and operative provisions of said Settlement Agreement are incorporated herein by reference and shall be enforceable as an order of this court as if fully set forth herein.” Judgment at 2. The Settlement Agreement to which the Judgment referred was that Settlement Agreement entered by the parties the previous day, January 14, 1999 (the “Agreement”)Among other things, the Agreement—and, by incorporation, the Judgment—liberally granted to AeroCad a license to copy and distribute Co-Z plans and manuals, as well as create to derivative materials from those plans and manuals:

 

2. License

 

Co-Z agrees to grant, and does hereby grant, a non-exclusive, worldwide license to use the Co-Z Proprietary Rights during the term of this agreement. “Co-Z Proprietary Rights” includes, but is not limited to, the right to copy, reproduce, and distribute all or any portion of the works registered under United States Copyright Registration No. VA766-937, “Co-Z Mark IV Plans and Construction Manuals” registered on April 4, 1997, United States Copyright Registration No. VA766-938, “Co-Z Mark IV Plans and Construction Manuals (First Edition, Section II), registered on April 4, 1997, United States Copyright Registration No. TX-256-781, “Section I” registered on December 27, 1983, and United States Copyright Registration No. TX-545-750, “Section IA” registered on February 11, 1985 (“Works”), and the right to create derivative works of such Works.

 

The right and license to the Works include but is not limited to: (a) the right to copy, reproduce, and distribute, as well as to create derivative works, of the ten (10) videotape instructions for the Aero Canard design aircraft currently distributed by AeroCad; (b) the right to copy, reproduce, and distribute the AeroCad manual for the construction of the Aero Canard design airplane; and © the right to manufacture and sell components for home-built assembly of an Aero Canard design aircraft, subject to the terms and conditions hereinafter set forth.

 

1. Prohibition Against Certain Statements

Neither party shall make any derogatory statements about the products or persons associated with the other party in public, including but not limited to newspapers, trade publications, the Internet, or other third-party owned publishers of information to the general public, nor shall either party make any derogatory statements about the products or persons associated with the other party in any newsletter or other semi-public publication. Nor shall either party make any derogatory statements in private, written communications to any third party.

...................

 

Be cautious when reading or listening to heresay. If you have any questions or concerns regarding a legal position, rights, or quality of parts, plans, or whatever, builders or potential builders should consult directly with the party in question. We here at Aerocad want to help builders build an airplane. If we can help in any way possible, just give us a call or email.

 

I hope that my previous comments will clear up any misunderstandings.

 

Happy building,

Jeff Russell / AeroCad Inc.

772-460-8020

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  • 1 year later...

Seeing it's international cut'n'paste day here's something I found that seems relevant on www.cozyaircraft.com:

 

"Look-a-like designs / Aerocad

 

--------------------------------------------------------------------------------

 

Copying may be the finest form of flattery, but if you are copying

someone else's copyrighted material, putting your own copyright on it, and

then selling it, you could be in real trouble! That is what another company

is doing with our Cozy Mark IV plans.

This company is advertising that it has our approval to sell Cozy Mark

IV plans and plans for a derivative to the Mark IV. It claims to have an

agreement that allows it to do so. This is not true! The agreement it claims

to have with Co-Z Development was terminated for cause in May of 2002.

The plans this company is selling are obsolete as they have not been

upgraded by all the changes and corrections in our newsletters. They are not

accompanied by a legitimate Mark IV serial number, as required by the FAA,

or a newsletter subscription. And of course, we will not provide builder

support on these knockoff plans. The fact that they are priced $25 less than

authentic Mark IV plans shouldn't even be a factor when starting a $35,000

project.

Aircraft Spruce is the only company authorized

to sell Cozy plans. Obtain your authentic plans only from an authorized

source. We will not provide builder support to anyone purchasing plans from

a different source, nor will we accept any responsibility for these unauthorized

copies."

 

I interpret all these competing waffles to mean if you want Cozy plans call ASS. If you want Cozy parts you can buy them from anybody. If you want an Aerocanard "kit" feel free but you need Cozy plans to build it. If you buy a Aerocanard kit with plans it would be the same as buying a set from the guy flogging Long-ez plans for twenty bucks on ebay. A legal system that allows this to continue is obviously ineffective, the lawyers are all busy chasing ambulances...

Mark Spedding - Spodman
Darraweit Guim - Australia
Cozy IV #1331 -  Chapter 09
www.mykitlog.com/Spodman
www.sites.google.com/site/thespodplane/the-spodplane

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Oh boy, this "discussion"...

 

As far as I can tell, the book is still open on this subject and us common folk are just not "in the know" to really understand what the legal status is between Co-Z/ACS and AeroCad. It's interesting to me that AeroCad is open for business, and that means something, but what I don't exactly know. The news on the Cozy site says that there is a motion, and so far it is unopposed, but has not yet been finalized.

 

Personally, I really wish I saw more of AeroCad. I like the idea of a 3rd party adding onto the Cozy plans.

Jon Matcho :busy:
Builder & Canard Zone Admin
Now:  Rebuilding Quickie Tri-Q200 N479E
Next:  Resume building a Cozy Mark IV

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  • 3 weeks later...

From what I understand if you have a court ordered agreement you can't just say you terminated it you have to go back thru the court and have the judge do it. Nat nor ASS has not done that, as far as I know. And in spite of what our friend from Oz says you don't need Cozy plans to build an AeroCanard. Jeff has his own very good plans. I talk to Jeff often on the number I gave in previous post, try during the day. Designs often improve as people refine them, that is what I believe happened with AeroCanard. There is still room for more though, how about longer, wider, more headroom, longer nose. Maybe even an XL with an IO-540?

Long Ez, AeroCanard

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But where does it end? Do you buy the fuzzy plans from Joe_Dodgy on Ebay for $20 and build? Where do you stand from there? Under the experimental classification you can wrap 2BID around fresh dog sh1t, slap something that makes noise on the back and call it a B747.

 

Am I being a die-hard liberal by wanting to slip $AUD 635 to ASS or should I just start collecting the output of my labrador???? :scared:

Mark Spedding - Spodman
Darraweit Guim - Australia
Cozy IV #1331 -  Chapter 09
www.mykitlog.com/Spodman
www.sites.google.com/site/thespodplane/the-spodplane

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...you don't need Cozy plans to build an AeroCanard.

This is technically true, and may be true legally, but I have decided to purchase both, which I feel helps me manage any associated risks. Check this AeroCad status? thread for related information.

 

 

There is still room for more though, how about longer, wider, more headroom, longer nose. Maybe even an XL with an IO-540?

Don't forget a door. :-)

 

 

But where does it end? Do you buy the fuzzy plans from Joe_Dodgy on Ebay for $20 and build?

Buy legit, of course. However, just because entity A says that entity B is not legit (and/or vice versa), does not make it true.

 

I rationalized all of this by looking at the amount I expect to spend in total, approximately $50K (USD). Considering that, I don't have a problem spending an additional couple hundred dollars on someone else's modification designs. If anyone else had proven plans for something I wanted to build into my Cozy, I'd consider buying that as well.

Jon Matcho :busy:
Builder & Canard Zone Admin
Now:  Rebuilding Quickie Tri-Q200 N479E
Next:  Resume building a Cozy Mark IV

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  • 4 months later...

Just got back from Federial Court in North Carolina two weeks

ago 09-30-04. Co-z filed a motion for termination of the consent order July 2003. This motion was formaly dismissed by the Judge. Co-z alleged that AeroCad breached the concent order by selling it's plans with out permission and by not showing it's full records of sales for royalities. NO breaches were found by the Court and AeroCad and Jeff Russell plan on doing business as normal.

 

On a side note:

 

The molds for the parts have been sold to a person that lives in MO. They own a FBO in Bowling Green and are planning on setting up full operations in a few weeks. All of the parts will be built in that location and the website will be updated of the new owners.

 

I am going to set up a website for the plans built Plans as Shareware. I have

full rights to inject those plans in the public domain. Those plans will be (with out) the full size drawings like TERF sold for RAF. The full size drawings can and will be available for a set fee. This will allow people to read and understand how to build these types of airplanes and if they want to go further and build one, builder support and full size drawings will be available.

 

I think this type of thinking will give the wana-be builders the best of both worlds and will get more people building canard type airplanes. :)

Jeff Russell / AeroCad Inc.

772-460-8020

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  • 1 month later...

From the recently updated www.aerocad.com Web site, I gather that Al Aldrich is the new owner/manager of the AeroCanard molds. His info., as on the Web site is:

 

Al Aldrich

14026 Airport Rd.

Bowling Green, MO 63334

(573) 324-3300

Al@aerocad.com

 

Also, I think that AeroCad2 is Jeff's business, which owns the plans, and that AeroCad is Al's business, which owns the molds.

Jon Matcho :busy:
Builder & Canard Zone Admin
Now:  Rebuilding Quickie Tri-Q200 N479E
Next:  Resume building a Cozy Mark IV

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  • 2 weeks later...

AEROCAD UPDATE!

 

WELCOME TO THE “NEW” AEROCAD!

 

We are proud to present to you the "new" Aerocad, Inc. as the new manufacturers of the AeroCanard family of kit aircraft and advanced composite kit aircraft components.

 

We are committed to supplying the same high quality AeroCanard kits, composite parts and builder support that are synonymous with the Aerocad reputation.

 

The new Aerocad, Inc. will be located at the Bowling Green Municipal Airport (H19), 50 miles north of St.Louis, Missouri. Jeff Russell (Aerocad’s former owner and CEO) is providing support and direct assistance setting up the new manufacturing facility and training during the transition phase.

 

Aerocad, Inc. is a complete aircraft parts and supply source for the aircraft builder. If it goes on an aircraft, we probably have it! Check out our low prices! We hope to become your favorite aircraft parts and builder supplies resource.

 

Thanks for Your Support!

 

AEROCAD, INC.

Al Aldrich President/CEO

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  • 2 weeks later...

New text on Nat/ASS site:

 

Cozy Design: Aircraft Spruce Copyright

Aircraft Spruce purchased the Cozy designs (Cozy III and Cozy Mark IV) from Co-Z Development, and as of January 1, 2004 has the exclusive right to market these designs, These designs are protected with U.S. copyrights, and Aircraft Spruce has licensed no one else to copy all or any part of these designs to sell, loan, or give to others. Anyone who claims to have such a license is dishonest, is violating U.S. Copyright laws and can be prosecuted. This applies not only to the Cozy designs, but also to unauthorized, "look alike" derivatives of the Cozy designs advertised under some other name. Aircraft Sprucewill appreciate those who respect its copyrights.

Mark Spedding - Spodman
Darraweit Guim - Australia
Cozy IV #1331 -  Chapter 09
www.mykitlog.com/Spodman
www.sites.google.com/site/thespodplane/the-spodplane

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History lesson: on exclusive worldwide rights

 

Co-Z and RAF agreement on 09-26-81 3-place Cozy

Amendment to the agreement on 11-10-82 3-place Cozy

Co-z and Cosy Europe agreement on 09-07-87 3-place Cozy

Co-z and Cosy Europe agreement on 05-31-89 Cosy Classic & 3-Place Cozy

Co-z and Cosy Europe agreement on 05-31-89 Cozy MKIV

Co-z and Cosy Europe agreement on 05-01-97 Cozy MKIV & 3-place Cozy

 

History lesson: on (non) exclusive worldwide rights

 

Co-z and AeroCad agreement on 07-12-93 Cozy MKIV and AeroCanard

Consent order between Co-Z, AeroCad and Jeff Russell 01-15-99

 

History lesson: on exclusive worldwide rights

 

Co-z and Aircraft Spruce agreement on 01-01-04 Cozy MKIV and Cozy 3

 

 

History shows us that rights had been sold exclusively and non-exclusively over a 20+ year time frame. Co-z sold all rights in 89 and then told us that he still owned rights that he did not. We agreed not knowing these facts and entered into the 93 non-exclusive agreements. After Co-z broke that agreement and then said a year later that it would sue us over it we found out in 89 that all rights were sold and we started our claims in court.

 

After we started discoveries, Co-z purchased the rights back thinking that would make his case of copyright infringement.

 

We both agreed in court that a settlement would be less costly then going full term in court. Boy was I wrong..... I should of kept going. I thought that Co-z learned a great deal about exclusive and non-exclusive rights?

Now that I have been back again 09-30-04 to court to get the Judge to dismiss Co-z's motion, Co-z seems to have repeated history again selling someone a bag of goods that they do not own exclusive rights to.

If ACS website post is correct in saying that they think you have exclusive rights to the Cozy 3 and 4? They are totally incorrect about a Federal Court order that is in FULL affect.

 

Go figure! Sorry Aircraft Spruce! I tried to tell you Jim but you had been told that I was the bad guy and guess what? Guess you will need to be asking for back up paper work on the contracts with these dates.....

 

Hope that gives a peek of what I learned about agreements.

Jeff Russell

Jeff Russell / AeroCad Inc.

772-460-8020

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