Since the previous correspondence from BL we have received another letter, this time from a law firm objecting to the ability for users to import Bricklink Inventory files. Apparently because the BL terms of service now prohibit uploading anything you get from BL to anywhere else, if we as a third-party help you to do that, that is "illegal". To use the wording from the letter, it is "committing the tort of procuring a breach of contract".
As before, it is a shame BL are choosing to attack other community websites rather than improving their own. I'm afraid we have no interest in going to court to find out if this objection is valid or not. We will be removing the specific file upload type on the 7th of November around 12 PM GMT.
I apologise for the effect this may have on any users using the feature.
Comments
Please don't allow them to continue to bully you. You are doing nothing wrong. I am certain if you just call and ask a lawyer for yourself they will tell you the same. They are using money and power as scare tactics and your allowing them to do so. I love your site and what you have done here but I can't list only here as my first priority is to my family not someone else's website. Your not using their info and our inventory is ours. Please send a letter back using a lawyer of your own. They are cowards and bully's. We really need to get a class action going against Bricklink. I love both sites but this crap needs to stop. They are rich spiteful bullies and nothing more.
PP
You have to remember that Hong Kong does not have the same laws as we do here in the USA or even other countries. Waging a battle across continents is expensive, and I mean EXPENSIVE!
Also, we are fortunate to have class action laws in USA. Hong Kong does not have a system in place for class action suits. You can read a little article that talks some about class suits in Hong Kong (or lack there of)
http://www.scmp.com/comment/insight-opinion/article/1332279/class-action-lawsuits-not-suited-hong-kong
Chris
Actually, although it may not seem like it right now, this could ultimately be a good thing in the long term for Brickowl and bad for Bricklink....
Bricklink obviously aren't interested in being open with their data anymore, whereas Lawrence seems very willing to be open with the Brickowl catalog. As more sites (thinking along the lines of Brickset.com), applications, mobile apps etc start to use this data instead of Bricklink data, then there's opportunity for the Brickowl catalog to become the defacto LEGO catalog, in place of the Bricklink one.
It's going to take a big mindshift from everyone and will take time, but I could ultimately see it happening.
As an example, in addition to switching BrikTrak from being an offline admin tool for Bricklink, to being one for Brickowl, I have also for a while been working on a pretty interesting app for minifigure collectors (myself being one). Originally this was using Bricklink data and would link straight to Bricklink items for sale pages for the figures a collector doesn't own. Well, as I'm sure you've worked out right now, it's getting refactored to use Brickowl data for the minifigs and will send any sales here.
I'd much rather work with individuals and websites who want to do what's best for the community as a whole, so Lawrence and Brickowl are the ones I'll be spending time with in the future.
Full disclosure, although my LEGO store is fully closed right now due to getting married and moving house, for over 11 years I ran a fairly large (>1m pieces) store on Bricklink. When I reopen early in the new year, I can't honestly see myself reopening over there though...
A user that downloads an BL inventory is downloading HIS data structured by BL. BL might be able to hold rights to the structure, but certainly not to the data.
Therefore I offer you to write a tool that can generate a BrickOwl export. Of course the user will command the conversion process. BL may sue me if they would like to try. Please email me your preferred format for the BrickOwl export.
Regards, Jan.
Most of the globes criminal law is governed by "Natural Law" aka "English Common Law" aka (sort of) "criminal law" -which has but three components::
Do not cause (nor cause to be caused) loss, harm or damage - that is it - all of it --
EXCEPT the laws that have been "converted" to "crimes" (by "The State")
All the rest of "the law" is governed by contracts {agreements that are made legally binding by SIGNED contractual agreements that are signed by both (or all) parties}
ps.. that's why you have to sign your drivers license - EVERY signature you pen is a contractual agreement to something - WITH terms and conditions "THEY" don't tell you that!!
That's what a check/cheque is - a debit card is "signed" electronically with your personal code, a (UK) credit card has your signature tied to the chip (track) and pin - you just entered a contract EVERY time you use it.
When it comes to global commerce it gets VERY complex - however imagine this: -
BL file a law suit against BO/The Daily Brick - where? In china? (hk is a now a chineese province - with no more ties to Britain) and you get a "summons" (LoL) and you don't show up - and "they" get a judgement (in their favor) WHAT exactly do they do - other than jump up and down - or write more threatening letters - oh probably in RED ink Haha!
No - to successfully take you to court (i.e. get "heard") they would have to file in YOUR local court - not CRIMINAL court - BUT "civil" court.
Most "civil" court proceedings are "taken care of" by a (real) kangaroo court in the UK - Northampton I believe, where there is no "real" court - it's an on line data processing centre - no judge - no jury - just dummy civil "servants" - who prefer to call themselves "customer service" these days - oh wait - so WE are now "customers"
......
I hope you get my "tongue in cheek" humor as well as the real stuff!!
I will happily inform you what I do with THAT sort of mail/post I "don't want" ("signed for" or not) - simply I write upon the envelope - "person not recognised" or simply "not here" or "unknown"
then "add return to sender" - it works!
If you want more info i'll add links to some "enlightening" resources.
Most successful (for the attacker) outcome is gained by using threats - if there was any substance there would be no threats - just action..
just my humble opinion/rant
Graham
… and a statement, that once again that this is my personal opinion and should not be taken as anything but MY opinion.
"Copyright" is just that (as most legal words are) it is the right to copy or make copies!
As the creator of intellectual property you have the inherent "natural" right to make as many copies as you like, now when you assign copyright i.e. to a publisher you no longer have that right as you have assigned it to someone else, who then gains the right to copy.
To assign copyright, a contract is required, and that has to be "freely" agreed and SIGNED by BOTH parties.
Why mention this? (I hate rhetorical questions~~ BUT)
ALL those who provided any thing to them did so with the reasonable presumption that there was NO copyright attached.
You cannot just suddenly claim ownership of "rights" (as they have done) in fact they could face a class action lawsuit IF the disgruntled members got together.
Now there is another form of contract, that does not require a signature by both parties, that is the "self executing" contract - this is how the movie/music industry work - in this case the viewer/purchaser of say, a movie, enters a contract by the act of purchase, download or whatever - you are informed of the terms and conditions of the contract as soon as you play the movie, open the packaging etc. I don't believe this applies here.
Now with this "code issue" - sure they could say they own the code, however just because you have the facility to accept that code DOES not mean that anyone will use it!
(that would be presumption of guilt)
AND if somebody did upload that code it would be the party that actually conducted the upload that they should be after.
… this is how eBay stay in business, they are not stupid, they know there is counterfeit goods being sold as well as drop shipping of stolen goods!
In this case they have the little term of stating their lack of being "responsible for the actions of sellers".
A solution to get this monkey off your back, is to make BrickOwl a limited company in it's own right - NOT tied to the assets of any other endeavour.
Notice the other thing he/they did? They are now a Limited Company.
OK enough - I've got to get out and about and enjoy the wonderful weather we have right now!
I have a Store on the other site too !!
I don't mind when there is a nice order coming in and i will split it , so when i buy 100 parts via Bl
So selling on Bo and BL. 50 parts each !!,
Please give me some time, my inventory on BL , i need some time, i have only 1 BO inventory how has nothing to do with BL inventory,never copyed inventory....
Steekstra
I never copyed some bl files and feedback files
How can blame me ??
Please give me a new start.
Steekstra
Hallo Steekstra,
Ik lees je melding, maar ik begrijp niet helemaal waar je bang voor bent. Misschien heb ik je niet helemaal begrepen.
Wil je de inventory van de andere site ook hiernaar toe halen of blijf je 2 gescheiden voorraden houden?
Groeten Frank
Brickstore will download your BL store, create a BSX file that you can save, then you can upload the BSX file to BrickOwl. Job done!
If you decided you want to keep your BL store as well then click edit, divide by 2 send half back as a modify file to BL and then again to BrickOwl, not sure what would happen to odd numbers of parts.
Or you could manually decide what goes where.
You could also use it when parting out sets - part out 4 send 2 to BL and 2 to BrickOwl
Graham
unless some nice computor programmer type person has found a way thru the API yet??
You post a design, with parts list, people read, click, buy, build. Huge win for everybody, especially the site with the sales.