UP MTH

Stein R spake thus:


I doubt if the lawyers deserve that much blame (or credit): after all, they're just being sharks on behalf of their clients. If their clients decide they want to be reasonable, the lawyers can figure out how to do that, too.
--
Just as McDonald's is where you go when you're hungry but don't really
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Yes, obviously. My comment was meant as a joke. _Mostly_. There is a slightly uncomfortable (for lawyers) element of truth to the observation that hired lawyers often bill by the hour and corporate/government lawyers have a need to justify their continued employment, and thus most kinds of lawyers usually have few incentives to find quick, simple and low cost solutions.
But be that as it may. It seems like this agreement between UP and MTH was a good thing for everybody involved in model railroading.
Grin, Stein
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kinds of lawyers usually have few incentives to find quick, simple and low cost solutions.<
Reason that estate settlements (at least back east) could go on for 20/30 years OR until the depletion of the estate.
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Charles Kimbrough wrote:

Holy jumping catfish! Decency and common sense actually won out! I guess there's hope for the world after all.
Thanks MTH, for persevering in the cause of justice. And thanks UP, for finally coming to a reasonable solution.
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So, as I understand it, UP basically just stopped charging fees, which pretty much was the major part of the complaint by the Hobby Manufacturers (although at the start of the licensing program there was all kinds of rumors, including UP having the right to approve all models and to destroy molds and such). I wonder if Athearn and others will now discountinue their 'UP roadname' surcharge, which was the modeler's major complaint with regard this licensing program.
Yes, it's all about the money....
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roadname' surcharge< You are kidding right? Athearn has already paid and I doubt UP is offering a refund.
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Jon Miller wrote:

Semi-serious... IIRC, the two biggest modeler concerns with this UP licensing fee program was
a.) UP could prevent certain models from sporting it's roadname (or that of roads it had absorbed over the years) - legal veto power, in effect. Which I suppose the new licensing program still gives UP this power.
b.) Model Manufacturers would use this program to jack up the prices (from a few cents to 5 bucks) on UP branded models (the surcharge). Which of course many did, some surcharges seeming to be well beyond what modelers were calcuating at the time should have been the real percentage.
I could easily see UP quietly ending the 'fee' requirement for existing licensees (otherwise licensees could do anything from quitting their current program and rejoining under the new license program, to making a big stink and bringing out the lawyers) - however, I am not as certain that the savings would then be passed on to the customers, as the mfrs didn't seem to be too concerned with customer griping and carping when instituting the surcharges.
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in article snipped-for-privacy@h54g2000cwb.googlegroups.com, Sir Ray at snipped-for-privacy@hotmail.com wrote on 11/9/06 1:41 PM:

The amount of surcharge seemed to vary depending upon the actual cost of the product. It seems that Athearn RTR locos were $70 for non-UP and $75 for UP licensed. It also seemed that their genesis prices were identical (110 for F7A, no sound or DCC) for all models. At least, that's what is listed today in their online catalog and what I remember from before. The surcharge probably varied with overall profitability.
--
Ed Oates
http://homepage.mac.com/edoates
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To hell with MTH and all its' lawsuits and so forth. I would never buy anything from them.
Sorry, I am old and come from a time when model and "electric" trains were (and still are ) fun and were enjoyed and shared by all.
Robert B
On Wed, 08 Nov 2006 15:58:37 -0600, Charles Kimbrough

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Charles Kimbrough wrote:

CK:
Awesome. But I can't help but see the shade of Pyrrhus standing somewhere in all this, because this was at one time considered 'fair use' and therefore quite immune to the jealous guard of trademark owners. Was 'fair use' defended in this case, or did UP just agree not to charge rent for their squatter's claim on the long-suffering doctrine? If the former is true, then this will be a most excellent precendent, but that's not what I gather from the quote.
Cordially yours: G P
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Exellent point....
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+GF+

"I believe there are more instances of the abridgement of the freedom of the
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On Fri, 10 Nov 2006 22:26:20 -0800, +GF+ wrote:

It'll be interesting to see how much Jim Webb keeps up his critique of income disparity, and also if any of the likes of the chickenhawk NeoCons and old line economic royalists that have waged it so long and so successfully themselves, will now accuse him of being a commie traitor fomenting class warfare <g>
Almost makes you wish some people could be called out to the field of "honor" (a word they love to bandy about) to face a loaded weapon for the first time in their lives, at least the first time other than in somebody else's wife's bed, or in an argument with their coke connection.
--
Steve

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