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   Flagged for moral character...how long for decisio
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   Author  Topic: Flagged for moral character...how long for decisio  (Read 5788 times)
Isaac
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Re: Flagged for moral character...how long for dec
« Reply #5 on: Mar 24th, 2006, 9:25am »
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on Mar 24th, 2006, 8:49am, fable wrote:
A. Umm, original age give or take about 6 months would be impossible to tell.  I gave the only absolute information I had about the age of the materials (version of the MPEP).  

 
I can dig it.  Some of the material might have copyright dates on the notices that might be revealing, but that would not allow you to tell within 6 months.
 
Quote:

B. As I didn't purchase the materials new, I'm pretty confident in the copyright issue.  That is, I have a completely supportable legal argument there.  I have to imagine that any legal argument supportable by U.S. law should be acceptable to the OED.  

 
Would OED's standard be a supportable argument or an argument they would agree with?
 
Beyond the question of law, some people have particular ideas about copyright, licensing etc. and find the idea that of not following the dictates of a license abhorent regardless of enforceability.   I have no idea how the PTO would react to not following a licence whose enforceability is at least questionable.  
 
I suspect that when you get your certificate a letter describing the results of the PTOs investigation will accompany it.
 
I'm not going to ask which course vendor is involved, and I don't suggest you reveal that info, but I sure am curious.
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Isaac
fable
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Re: Flagged for moral character...how long for dec
« Reply #6 on: Mar 24th, 2006, 2:46pm »
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I'd love to know what standard OED would use, that's part of the reason I posted this.  The other, and more pressing reason is to find out how long a character decision usually takes.  
 
I noticed that some of the FOIA moral decisions on the OED website mention letters of reference.  Should I get some?  Should I wait and only do that if I have to appeal to the director?
 
At least until this is resolved, I plan on being as vague as possible about what materials were involved.   Lips Sealed
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RandyJohnsonrod
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Re: Flagged for moral character...how long for dec
« Reply #7 on: Mar 26th, 2006, 8:07pm »
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You are totally @ucked.  
You knew better and you did it anyway.  
Have a good life flipping pancakes.
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BTP
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Re: Flagged for moral character...how long for dec
« Reply #8 on: Mar 27th, 2006, 12:45pm »
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on Mar 26th, 2006, 8:07pm, RandyJohnsonrod wrote:
You are totally @ucked.  
You knew better and you did it anyway.  
Have a good life flipping pancakes.

 
Oh, come now.  The OP has cause to be concerned, but the vendor's copyright claim on a resale of a resale may be charitably described as suspect.  The lack of privity between the vendor and the OP is striking.
 
I'd have to see the date claims and the MPEP involved to evaluate validity, but the explanation sounds reasonable.
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Isaac
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Re: Flagged for moral character...how long for dec
« Reply #9 on: Mar 27th, 2006, 12:58pm »
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on Mar 27th, 2006, 12:45pm, BTP wrote:

 
Oh, come now.  The OP has cause to be concerned, but the vendor's copyright claim on a resale of a resale may be charitably described as suspect.  The lack of privity between the vendor and the OP is striking.
 
I'd have to see the date claims and the MPEP involved to evaluate validity, but the explanation sounds reasonable.

 
I don't think a lack of privity argument holds water.  In theory, the original owner had no authority to make the transfer.  But in any event the original owner could not provide any more rights to a third party than he himself received.
 
OTOH, something less than an air tight defense to copyright infringement might be enough to address character and fitness issues.
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Isaac
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