[QUOTE=ghostrider;6142390]Be aware that the information on the Tabberone website is merely one person's opinions and experiences. She is NOT an attorney, nor does she claim to be. She is simply an eBay seller who has been sued multiple times for copyright infringement and has made a name for herself by publicizing her experiences. Her information can be just as false or misleading as anyone else posting here.
I agree with dunster, contact the designer if you have any questions or doubts.[/QUOTE
You are correct, she is not an attorney, she represents herself and her experiences only.
But the designer may not understand the law and just because the designer put that fancy disclaimer on the bottom does necessarily make it so.
The idea of purchasing something and being told you cannot use it for what is was intended (purchasing a pattern, book, design etc) is different than purchasing that item and then passing it off as your own. Using the pattern for it's end result (making the quilt) is different from buying the pattern, making copies, then selling it, (either for sale as if you were a distributor or claiming it is your design and selling it outright as your own). That might be against the law, and the original designer may have the right to prosecute and be compensated. I think that is where the whole issue of "copyright" becomes distorted, as to what is "copying" and what is "end use". The original poster was not saying she was going to copy the cd for the purpose of selling it as her own, she said she wanted to make the quilt that as pictured on the cd. Now, was the quilt original to the designer or were the embroidery designs original?
Now, dealing with our court system, is a another issue. You have the right to sue anyone, winning and restitution is another matter. Unfortunately, the wronged party can jump up and down, scream and cry foul, but unless you have the time and money to pursue a case you may be out of luck. Is this right? No, but that is what happens, like it or not. And if you find an attorney who takes the case and works for you, you still have to prove your case and you may not win. If you do win, you may or may not be awarded any compensation. If you are lucky and win you then get to satisfy that judgement. The judgement means you have the right to pursue collection, but collecting that settlement is another thing. Just because you have a judgement, does not mean the other party is going to pay up, you may have to sue to get that. And of course, the attorney will most likely take most of the judgement as payment of services and costs incurred trying the case ( if it even gets that far). Either win or lose, it costs both parties.
All boils down to not who is right, but who the court thinks is right. And "right" and "fair" has nothing to do with it. There is no "justice" in our justice system. Laws are written and broken, or interpreted, as courts see fit.
I am not saying the designer should not be righted. Just saying that because you claim something, it may not be so.
This is, of course, just my opinion and from personal experience of being sued and suing.