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Mike Capanelli




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PostPosted: Tue 27 Jan, 2009 8:02 am    Post subject:         Reply with quote

Allan Senefelder wrote:
Quote:
But Vincent, is the Hospitaller based on an original antique or is it Peter's design?


They're all Peter's and thus Albions designs. I'm sure that Peter would be flattered to know that his hard work and documentation, part of how he makes his living, should be simply diseminated to any and all comers for free. That will certainly help to keep him in business and making those extrodinary blades we all so much enjoy. Driving to museums all over Europe and living in motels ect. is apparently a free of charge thing he does if i'm to believe some comentary in this thread. I didn't realize Peter and Ablion were doing research as a charity endevor. If this sounds like sarcasm, it is, I appologize Nathan and Chad but really this is absurd, this is a very basic concept, you put in the leg work to document it and no one, no one, has any right to that AT ALL! Anyone else is welcome to do thier own legwork or pay some one to do it for them ( Francisco, you are doing your smith job and paying him for the privilege, he should be doing the research, its his job) and thus obtain it, but has no rights to the research done by another. Theres not really room for argueing this it is the basis for copyright law.


This reminds me of a story............

I was working on a project for Interscope records about 3 yrs ago. I had put up to that point 2 yrs of my life re writing songs and arranging them for recording in support of their new artist. After a few demo tapes they felt he was ready for the big release, but without his writing partners of course. So they go in the studio to record and hire another guitar player to play MY parts that I wrote. When it was realized they couldn't copy my playing and would have to start from scratch, they gave me a call. They then proceeded to ask me the voicings and tunings I used on the demos because they were having trouble reproducing them. I respectfully told them where to put the phone and informed them of my union rate if they wanted me to come down and reproduce my work on the songs. Subsequently when he could not reproduce the songs (Because I was the primary writer by the time I was done with his songs) and the price of starting from scratch was too much they dropped him.

So should I have given him the tunings? No way. Should I have recorded for free? No on that. About the only thing I should have done was to copywrite my parts as significant contributions to the structure of the songs. So in that light why should someone else get the benefit from someone else's leg work? You reap what you so my friend, and it's not fair to ask someone, let alone a company that has to survive in a not so stable economy, to give away something they spent a great deal of money and time on to get. Just like I spent 10 yrs learning my trade and shouldn't give it away for free. I'm sure if you asked to be steered to the original inspirations for the pommel they would have helped you out. Hell you could probably find it in" Records of the Medieval Sword". The point is you (Or your smith) should do the leg work instead of being mad at someone for not wanting to part with for nothing the fruits of theirs. Would you, needing to work to survive, work for free forsaking that survival? I think not.

Winter is coming
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Chad Arnow
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PostPosted: Tue 27 Jan, 2009 8:07 am    Post subject:         Reply with quote

Vincent Le Chevalier wrote:
There is a somewhat paradoxical attitude in stating that raw stats never tell the whole story and then saying that they shoudn't be given in too much detail because it would allow copying Happy



Vincent,
I would think you know what I mean, but apparently I have to be crystal clear... There aren't many people who can look at a standard set of stats and fully know how that sword is to handle based on those stats. Therefore we can't get caught up in them.

For our reviews, if we were so inclined (and we're not), we could record the stats to the detail (exacting,detailed profile and distal taper measurements, exact 3D dimensions of hilt, etc.) that someone could use to create a 3D model and reproduce the sword. We don't want to do that.

I'm not saying including 2 or 3 more stats would allow copying. But we could in theory give away enough that someone could copy the blade fairly well if they followed a set of numbers we provided.

Regarding whether museum research should be available to anyone, it's up to the person doing the research (and in some cases the institution where the research was done) to decide how or if to distribute their info. Makers who have studied originals partly to satisfy their own curiosity but also to help their products be better.

As far as I know, there aren't many (if any) Oakeshotts out there right now, researching just to do so. The people doing most of the research are makers or their affiliates. The research is being done more often as part of product development than as academic research to benefit mankind. So it's not surprising that people won't choose to share their work with competitors and potential competitors.

Happy

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Vincent Le Chevalier




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PostPosted: Tue 27 Jan, 2009 8:35 am    Post subject:         Reply with quote

Chad Arnow wrote:

Vincent,
I would think you know what I mean, but apparently I have to be crystal clear...

Sorry Chad, this comment was partly in jest... Underlining also that one would have to measure a very complete set of stats to be able to reproduce a sword with any precision and infringe copyright. A lot more than the pommel.

Quote:
Regarding whether museum research should be available to anyone, it's up to the person doing the research (and in some cases the institution where the research was done) to decide how or if to distribute their info.


What I was thinking is that if I were a museum curator, I wouldn't want swordmaker after swordmaker coming to me and measuring "my" swords. Each time it's a risk of damage... In the interest of preservation I'd try to keep the data as much as possible, and give it to the next asker. All the difficult leg work is needed in part because access to antiques has to be restricted... Well, apparently museum curators don't think that it's worth the trouble.

--
Vincent
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Paul Watson




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PostPosted: Tue 27 Jan, 2009 10:20 am    Post subject:         Reply with quote

Regardless of whether an Albion is an exact reproduction of an historical sword, such as their Museum Line, very close to an original sword, such as the Oakeshott and Hospitaller, or a composite of historical examples, Peter has done the research and the designs are copyrighted. If any one wants information on the swords they should purchase or otherwise source one and take to it with calipers themselves. Albion are sword manufacturers not an information database supplier.
I do not love the bright sword for its sharpness, but that which it protects. (Faramir, The Two Towers)
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Francisco Simões




Location: Portugal
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PostPosted: Tue 27 Jan, 2009 12:21 pm    Post subject:         Reply with quote

All this rambling and concerns about intellectual property and copyrights, and what belongs to whom, and following you folks line of thoughts and philosophy, I think we should go to the root of Property then. And no I do not believe in what I’m about to write, but instead are the true core of your own believes.

Most of Peter’s researches and swords that inspired the NG were from countries from Europe and their national museums and armouries therefore property of the respective governments. Being this so, and following your thoughts and believes , it shouldn’t be given for free to a serious researcher like Peter, or even further, and it should not be given any access to those swords, as that info gathered is now used for commercial purposes.

The above is what you Sirs truly believe, and therefore the only swords available for Albion to reproduce today would be wooden swords and sabres of the cavalry in blue.

Great work Peter has done to the sword community with this project of his, and he has my most humble bow.

Non nobis Domine non nobis sed Nomini Tuo da gloriam
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Gabriel Lebec
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PostPosted: Tue 27 Jan, 2009 12:34 pm    Post subject:         Reply with quote

Francisco,

Material property rights and intellectual property rights (artistic copyrights) are not the same thing at all. The museums own the swords, not the designs of the swords. This is the mirror image of how Albion owns the designs of your swords, even though you own the swords themselves. Artistic copyrights legally expire after a certain duration (depends on the context, but usually well after the designer is dead) and this is in line with moral/ethical theory on why copyrights exist in the first place and what their limitations are. I think it is safe to say that the intellectual rights of the original designer of the antique the Hospitaller was based on and his estate (family) expired a very, very long time ago.

Of course, the situation becomes more complex (and controversial) when museums try to use "permission fees" and such to generate revenue on images of their collections, even on antique works. But clearly the design of a several-hundred-years-old sword is in what's known as the public domain.

Your last comment only serves to illustrate that you do not fully understand these distinctions and should, as Nathan suggested, actually do a bit of research on intellectual property rights - both their legal and moral theory.

"The most beautiful experience we can have is the mysterious. It is the fundamental emotion that stands at the cradle of true art and true science." - Albert Einstein
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Chad Arnow
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PostPosted: Tue 27 Jan, 2009 1:12 pm    Post subject:         Reply with quote

Francisco,
Drop the sarcasm and histrionics or you'll find your posting privileges revoked. Please debate and discuss calmly and rationally.

You are missing the point. Still. For the purpose of this discussion, it doesn't matter why Peter studied originals or where or when or with whom. His study yielded results that he is under no obligation to reveal to anyone. He has chosen to use that knowledge in his own products and in those he designs for Albion. He has also made many posts on this forum and elsewhere helping people out and giving out info. The same goes for the folks at A&A who have been very generous with info to the public.

However, when it comes to their designs (especially ones that are a fusion of study of antiques and their own creativity), they are under no obligation to reveal anything to anyone.

You never answered my question about whether you would ask Honda for engine specs so you could have Toyota make a similar one. How would Honda respond? Would they dignify the question with a response? Would that response be any different that Albion's?

If you really want to know how the Hospitaller or any other sword works out, go buy one and study it. Or ask an owner. But it's absolutely unreasonable to expect a maker to give out that info. Next Gen swords aren't exact copies of historic designs, so they aren't historic swords to be copied. They're new designs and subject to intellectual property rights.

It's also unreasonable to condemn people (everyone in this thread but you) who happen to believe in intellectual property rights.

I wish there were more books published on this subject with better pics, more stats, and lower prices than what we usually find. In an ideal world, we'd have tons of new or updated publications coming out that were widely available and accessible to all. Unfortunately, many of the people studying swords today are doing so to help make their own recreations better. While there are some academics studying weapons and armour, we're lacking today's Oakeshotts and Claude Blairs: people who studied weapons and armour and widely published that info that we now find critical to our understanding. A lot of what is being published today are in academic journals, which are not always easily accessible.

Since researchers-makers (probably the majority of the current crop of researchers) have a commercial interest in their research, it is foolish to expect them to give away all they know to help a competitor's project.

Happy

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Vincent Le Chevalier




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PostPosted: Tue 27 Jan, 2009 2:43 pm    Post subject:         Reply with quote

Actually the question of copyright and swords could be an interesting one.

I hope this will never come to pass, but perhaps one day a problem of alleged sword copying will have to be settled in court. Then, if the contentious sword is a copy of an original, I wonder if the copyright stands (can you actually copyright something claimed to be an exact copy of an item that does not even belong to you?)... I also imagine that investigating the differences between swords claiming to be copies of the same original antique would prove to be something of a nightmare, judging what part of the design is original, and what part is from the antique...

Judging less exacting reproductions, such as swords of the NextGen line, would probably be easier because they are more original designs. But if the copy deviates from the copyrighted work as much as some antiques differ from the same work, is this still infringement?

Perhaps off-topic for this thread though...

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Vincent
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Nathan Robinson
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PostPosted: Tue 27 Jan, 2009 2:44 pm    Post subject:         Reply with quote

Vincent Le Chevalier wrote:
Perhaps off-topic for this thread though...


Yes. it is. You're welcome to make a new topic for it.

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Joe Fults




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PostPosted: Tue 27 Jan, 2009 3:18 pm    Post subject:         Reply with quote

You suffered no injury but you have attempted to frame the issue (against Albion) as if you did.

We don't know what Peter had to do in order to get access to the stuff in those armories. We don't with certainly know how much is exact measurement and how much is his creativity. We don't know if he paid to see the originals he studied and measured. For all we know he did and has exclusive license.

Simply put, by your telling, many of us feel your demand was not reasonable.

Poor sportsmanship on your part is drawing out these responses.

"The goal shouldn’t be to avoid being evil; it should be to actively do good." - Danah Boyd
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Francisco Simões




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PostPosted: Tue 27 Jan, 2009 11:22 pm    Post subject:         Reply with quote

Albion US had or have a campaign that offers the 9th sword for free after buying 8 previous swords. Has I’m sure my money for 8 Albion swords has reached Albion’s account and the 9th sword never reached my address! I still believe that asking for a perimeter measure of a pommel (not to be copied) is well enough paid and a reasonable request.

How many swords have you Sirs paid to Albion Armourers, in order to speak to me as if I was a info. thief or a undesired beggar at the door?

But again you insist on punching the bag, using pick and hide behind laws and use of hypocrisy to justify your servant attitude towards Albion Armourers.

And Joe, just because majoritys have entrusted power dosen't mean they are right! And taking care of serious issues is not sports, it's serious issues.

I think that all of you Sirs, problem of not paying for the right to have access to the Hospitaller sword stats is resolved, and I will post no further here.

Thank you very much
Godspeed
Francisco

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Jean Thibodeau




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PostPosted: Wed 28 Jan, 2009 12:12 am    Post subject:         Reply with quote

You asked for information with the attitude that it was your right to get it and that Albion was being unfair in not giving it to you because you have bought many swords from them.

Now just the diameter of a pommel you where asking for does seem like a minor thing and I might also have been surprised or disappointed by the refusal to give out the information.

Now everyone has been trying to explain why Albion would be reluctant to give out this information, and legalities aside, they don't have to give out any information just because it is requested: I think in general everyone has tried to be polite in giving their views, you don't have to agree with the reasoning and discussing it is very much O.K. but you really shouldn't interpret disagreements as being attacks on you.

You do make things difficult by taking all comments as being some sort of personal attacks and attacking Albion for just protecting their business.

One small bit of information for one pommel is a very small thing but if Albion starts giving one little bit how could they refuse to give out a lot more information ? Also, I don't think they have the time to go and fill these kinds of requests as time is money and I'm sure that Mike can't start putting in a lot of time answering questions that don't have any link to actual purchases or at least potential purchases.

Even if you don't believe it I am trying to be helpful and not attack you.

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Chad Arnow
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PostPosted: Wed 28 Jan, 2009 5:00 am    Post subject:         Reply with quote

Francisco Simões wrote:
Albion US had or have a campaign that offers the 9th sword for free after buying 8 previous swords. Has I’m sure my money for 8 Albion swords has reached Albion’s account and the 9th sword never reached my address! I still believe that asking for a perimeter measure of a pommel (not to be copied) is well enough paid and a reasonable request.


You have to buy the swords within a certain timeframe to get the free one. If you've done that, then contact them about your free sword. They may not contact you to give you something. Talk to them; don't bark about it here. And how much you've bought still doesn't entitle you to information that they are under no obligation to give.

Quote:
How many swords have you Sirs paid to Albion Armourers, in order to speak to me as if I was a info. thief or a undesired beggar at the door?


Six (and two scabbards)--and I've handled many more. I used to host parties for them and generated almost $5,000 in sales for Albion. I've created around 10 independent, unbiased hands-on reviews which have no doubt generated publicity and probably some orders as well. And I would never act like you're acting now.

Quote:
But again you insist on punching the bag, using pick and hide behind laws and use of hypocrisy to justify your servant attitude towards Albion Armourers.


You have set yourself up as a punching bag and refuse to see the point that everyone else has made in this thread. Aren't you at least a little surprised that no one has joined you in your opinion? That should be a telling thing.

I personally am no servant of Albion. I like the folks there and their products. I used to host parties before they let that program go defunct (they stopped talking to us party hosts about 2 years ago). They've done things that irritate me and I'm not hesitant to spend money elsewhere if I feel like it. That said, they still have a right to their own info. And I'm shocked that you can't see that.

For the record, I'd be saying the same things if this thread was about Arms & Armor, Atrim, Tinker, or anyone else. Makers are under no obligation to give out that kind of info. If they choose to give it out, good for them. But don't expect it.

Happy

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Allan Senefelder
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PostPosted: Wed 28 Jan, 2009 6:48 am    Post subject:         Reply with quote

Quote:
How many swords have you Sirs paid to Albion Armourers, in order to speak to me as if I was a info. thief or a undesired beggar at the door?


None, and I don't need to own thier swords to comment on your bad behavior, nor does your purchase of 8 of thier swords give you some sort of ownership of them. You spent money, they sent you a sword, you spent some more money they sent you another sword, its called doing business, you're free to go buy swords from some one else anytime you want and they're free to keep thier trade secrets to themselves, they don't own you as a customer and you don't own them as a business. That does seem to be what this boils down to, you seem to think you own them to some extent because you've done some business with them and thats not how it works, you got what you paid for, your transaction is finish.
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Mike Capanelli




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PostPosted: Wed 28 Jan, 2009 8:41 am    Post subject:         Reply with quote

Quote:
How many swords have you Sirs paid to Albion Armourers, in order to speak to me as if I was a info. thief or a undesired beggar at the door?


Well seeing as you asked in such a nice way about 14, and I've never felt that I was entitled to anything for free just because I spent a lot of money with them over the few years I've been actively collecting. And I don't see how you've been wronged here? Everyone has been polite and tried to help you and because you don't get the answer you want you treat the people here as if their attacking you? Go out and buy Records of the Medieval Sword and tell your smith to do his own homework and stop flaming a company that hasn't done anything wrong.

Winter is coming
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Chad Arnow
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PostPosted: Wed 28 Jan, 2009 8:46 am    Post subject:         Reply with quote

I think we've all made our point. Francisco has said he's done with this discussion, so maybe we can let it go rather than keep fanning the flames.

I'll take my own instructions on this one, also. Happy

Happy

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