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Hmmmm Interesting. While MTH might have brought up some interesting and valid points in its rather long post, I do have a problem with it. Why so long? This should have posted immediately after the flap happened. Seems to me that they spent a long time trying to figure out how exactly to word their response. This will hurt them, at least in my eyes. I don't know how many of you remember the Tylenol scare. The company didn't hem and haw and point fingers. They acted in the best interests of their customers and recalled everything immediately - and then sorted it out. Result? Tylenol is still doing great business. MTH might be legally correct, but as a customer oriented business that wants to better the hobby while making a profit? Not in my eyes. Yes, they did do a bunch of copying of old Lionel things. Legal? Probably. But did they at least take the opportunity to inform Lionel of what they were doing? MTH says that it sent letters to the other DCC folks to let them know what they had patented, not as a threat, but rather to help them not infringe on patents. Did they send such a letter to Lionel saying "hey we're gonna remake some of your old stuff - if you think this infringes on your patents/trademarks etc. please let us know and we'll talk licencing." I haven't heard of any such letter. MTH never addresses any attempts to work with the NMRA on DCC issues for the betterment of the hobby. Instead MTH met with NMRA and agreed that if prioruse is proved they won't sue. Big deal. I doubt anyone here would say I was being a great guy if I agreed that I would not drive off in your car because you own it. MTH gripes that no one has responded to its offer of a license and attempts to say that shows how shifty the others are. Perhaps no one thinks that MTH's patents are valid. Perhaps no one likes to be threatened. If MTH's patents are determined to be invalid, then wouldn't it make MTH's offer appear to be blackmail? Would MTH agree to reimburse any licensing fees plus interest to those that got licenses if the patents are later determined to be invalid? MTH and its attorneys are forgetting some important business/legal issues. You may be 100% legally correct in what you want to do, but it's not right and your customers/future customers will know it. What comes around goes around and no one is going to cut MTH any slack should it someday accidently use someone else's patent/trademark. Everyone is entitled to make a profit and I will support MTH's right to do that. They just won't make any from me no matter how good their product is. Talk is cheap.
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