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.
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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,