I just finished talking with a fellow member who told me that Duncan asked him to stop selling counterweights. Well, what if he didn’t sell counterweights, what if he just sold dice with no holes through them? Would that still go against the patent, after all, he’s only selling dice and what people choose to do with them afterwards is really none of his or Duncan’s business?
No, you cant get in trouble for selling dice, though if you ask me that would be pretty useless, I mean you can buy bicycle dice at walmart and get a 5 pack for like $2 at most. The point is, Duncan owns the patent to 5a and it’s accessories, so selling counterweights, or items designed to be specifically used for 5a would be a no go, but it would be best to not bring up this touchy subject. Q and myself had a thread open last night discussing this exact subject and DrYoYo locked it up for good reason, the parties involved are currently working on a resolution so in the meantime just sit tight and wait for an official announcement from Duncan.
Yeah, I saw the thread, but it was more to “collect the madness.” This isn’t so much for that purpose as to confirm whether a “loophole” has been found.
While it is true that you can get dice very cheap, it is also true that they’re kind of common/bland. Some members here were selling some pretty sweet counterweights, for example: http://yoyoexpert.com/forums/index.php/topic,14812.0.html
(I doubt you’ll find these at Walmart or at a dollar store)
Now, if what you say is true, then if he wanted to, he could just sell the dice with no holes.
Another thing that just came to mind is that it’s YYF and Duncan that are settling this, so they might not defend the common person (you and me) who wants to sell counterweights.
Ed has a post on this on his blog. And according to that, not the individual but the company would be pursued, to be honest I would take up two hobbies, though I don’t know how well it would go over but, make string and then sell packs of string, if the consumer were to buy lets say 2 5packs they could get a free dice with a hole in it, kinda like a deal sweetener, though now that I typed it out, that may be the exact thing that Duncan would have a problem with, besides worst that SHOULD happen is someone from Duncan SHOULD contact you and ask that you refrain from doing business this way, so long as you comply I don’t see why there would be any further problems, I am fairly positive that Duncan as a company is aware with the tension throughout the community regarding this situation, and thus should come out publicly and address the issue for the community, whether that is means they clarify the statements they made earlier OR if they say rawr we are Duncan no one uses 5a but us! (jk :P) Either way, the ball is in THEIR park, when THEY have made a decision WE will know.
Here is the problem. You use YoYoExpert ( or any other forum) to sell your items that infringe on that patent, because that forum, a Company, did not prevent you from selling the infringing item, they are now at risk.
Just wait. I am sure that Duncan is getting ready to make a statement about the details of how they intend to enforce the patent, and who they intend on forcing it with. In the mean time, stop getting yourself all bent out of shape over this.
It is complicated.
It is being worked on.
It is not moving at the speed you may like, but there is a lot involved with many corporations.
Patent law is tricky and best left to the experts.
Stop trying to look for a loophole. If you think you found some sort of magic Leprechaun escape hatch that will allow you to circumvent xyz, keep it off the boards. If YOU want to risk selling items that may or may not violate a patent, trademark, or copyright then YOU can take all the risk and open your own website to do so. Don’t put YoYoExpert, Or YoYo(Enter name here).com at risk for assisting your infringing ways.
This is part of MY job as a moderator, to not only keep the forum safe for other users but to keep the FORUM safe from liabilities and right now, until we know 100% what the Parent Company of Duncan intends to do, I am asking you all to table the “5a” drama.