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aerocad

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Flying Information

  • Flying Status
    6 years ago

Personal Information

  • Location (Public)
    1400 Parkland Blvd.
  • Occupation
    manufacture of canard parts and kits and plans

Project/Build Information

  • Plane Type
    AeroCanard (SB/FG/RG/SX)
  • Plans/Kit Number
    001
  • Chapter/Area
    finished

Contact Methods

  • Website URL
    http://aerocad.com

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  1. If interested? An now "the rest of the story" is on www.AeroCad2.com It also has The official transcript of the last court proceedings. AeroCad Inc is under contract with AeroCad2 to purchase the remaining rights to the AeroCanard Plans along with the Cozy plans. If this goes thru, The free down loads will be turned off and only the printed plans and drawings will again be for sale at the higher price. If you have been dragging your feet, you better hurry if you have not down loaded your copyand purchased the drawings Jeff Russell/ AeroCad2 772-370-2638
  2. 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
  3. All right guys, the first version of the plans are now up on the new AeroCad2.com website. This is a shareware set of PDF files that you can download for reading or to print your own copy. There are still some of the images not loaded correctly but I will keep updating the files as I find them. Some of the images are not as readable. Have fun! Jeff Russell / AeroCad2, LLC 772-370-2638
  4. 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.
  5. 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,
  6. The AeroCanard plans and the Cozy plans that AeroCad sells include all the full size drawings. >A word of warning - there is some serious "friction" between Cozy Development Corp. (Nat) and Aerocad (Jeff). These two are always fighting about their "agreement".< >Aerocad sells plans for an Aerocanard, not a Cozy. Of course, the plans are based largely on the Cozy.< I have up our Federial agreement that allows us to sell both the Cozy and AeroCanard plans. This was part of a a settlement agreement. We are just acting on was is rightfully ours.
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