Alas gentle reader

It is with heavy heart that I must report the demise of my photo album of vintage dive masks. I have been informed, after the fact of course that KM's attorney has once again threatened the good folks here at cdiver with legal action unless they removed said photo album.

Interestingly I only recall 2 KM products in the album one was Bill Gardner's old bandmask on the bookshelf which was his personal photo which he gave several of us permission to place on our pages and the other was an ol black and white of Bev's old Marineland mask. Also KM took exception to verbage? used in the descriptions.

Since KM copyrights all their threatening correspondences in the hope that the contents of such correspondences will not be made public knowledge we will alas never know what henious verbage offended Bev and his attorney's delicate sensibilities.

One can only speculate gentle reader who amongst us be the next victim of KM censorship. First Carson's personal photos, now vintage diving masks are offensive to KM. What next Mrs Roats flowers? ~ Diva

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Permalink Reply by A.. Parnell on February 23, 2011 at 9:51am
Great condolences Dive Diva. Just one more reason I don't buy their products and dive a Gorski.Thanks for keeping it public.
Permalink Reply by Joseph on February 23, 2011 at 11:11am

Review The Following, origionaly posted by "brasshat" on offshore divers forum;

 

Posted by brasshat [User Info] on 1/4/2011, 19:15:15, in reply to

"Censured......."
 Message modified by user brasshat 1/4/2011, 19:18:37

[SNIP}..........

But alas...

According to the law school at Stanford University:

In its most general sense, a fair use is any copying of copyrighted
material done for a limited and "transformative" purpose such as to
comment upon, criticize or parody a copyrighted work. Such uses can
be done without permission from the copyright owner. Another way of
putting this is that fair use is a defense against infringement. If
your use qualifies under the definition above, and as defined more
specifically in this section, then your use would not be considered
an illegal infringement.

So what is a "transformative" use? If this definition seems ambiguous
or vague, be aware that millions of dollars in legal fees have been
spent attempting to define what qualifies as a fair use. There are no
hard-and-fast rules, only general rules and varying court decisions.
That's because the judges and lawmakers who created the fair use
exception did not want to limit the definition of fair use. They
wanted it--like free speech--to have an expansive meaning that could
be open to interpretation.

Most fair use analysis falls into two categories: commentary and
criticism; or parody.

1. Comment and Criticism

If you are commenting upon or critiquing a copyrighted work--for
instance, writing a book review -- fair use principles allow you to
reproduce some of the work to achieve your purposes. Some examples of
commentary and criticism include:

* quoting a few lines from a Bob Dylan song in a music review
* summarizing and quoting from a medical article on prostate cancer
in a news report
* copying a few paragraphs from a news article for use by a teacher
or student in a lesson, or
* copying a portion of a Sports Illustrated magazine article for use
in a related court case.


The underlying rationale of this rule is that the public benefits
from your review, which is enhanced by including some of the
copyrighted material. Additional examples of commentary or criticism
are provided in the examples of fair use cases.

2. Parody

A parody is a work that ridicules another, usually well-known work,
by imitating it in a comic way. Judges understand that by its nature,
parody demands some taking from the original work being parodied.
Unlike other forms of fair use, a fairly extensive use of the
original work is permitted in a parody in order to "conjure up" the
original.

See:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9
-a.html


{SNIP]

brasshat

................................................ END OF COPY ...............................................

 

I THINK IT IS TIME FOR A NO KM LOGO, LIKE MY NO ADC LOGO!

 

REVIEW MY NO ADC ADC / ADCI LOGO AT URL:

 

http://img232.imageshack.us/img232/5751/noadci.png

 

Permalink Reply by Jerry Babin on March 3, 2011 at 7:18pm
Can I make some stickers out of this?
Permalink Reply by Chuck Bonner on February 23, 2011 at 3:42pm
Yes there is accordimg to Bev!!! Hey Diva you ready to get served at UI??? !!! LMAO
Permalink Reply by Dive Diva on February 23, 2011 at 5:44pm
Sure if we're going to Galatoire's I'll have the gumbo, sweet tea and maybe for dessert their creme carmel. ;->
Permalink Reply by A.. Parnell on February 23, 2011 at 5:47pm
The Gumbo Shop for me, aw yea!
Permalink Reply by Dive Diva on February 23, 2011 at 10:36pm
If the problem was with my pics of KM products then the lawyers would have demanded the removal of the KM pics but they demanded the removal of the entire album with had pictures and captions of various early masks by other companies.

If I was to speculate my guess would be that the offending items were the bronze mask made by Philip Widolf circa 1947 with was the first to have air and exhaust controls. A.L. "Scrap" Lundy in his out-of-print book "The California Abalone Industry: a pictorial history." (ISBN-10: 0941332586) speaks of how in the 1960s, Bev Morgan and Ramsey Parks modified this Widolf mask by inserting the second stage from a single hose SCUBA regulator through the glass face port. Leading to the development of the KM band mask.

Since Widolf patented his designs, my captions from Lundy's book regarding the development of the KM band mask and pictures of masks that pre-date the KMB would certainly not be in KMs best
interests. Someone might come along who could challenge KM claims to copyright on several of their products...and we can't have that now can we.
Permalink Reply by A.. Parnell on February 23, 2011 at 10:52pm

Dive Dive if I rember correctly from what I heard in conversation at last years Historical Diving Society USA (HDSUSA) rally in Seattle rumor had it that Mr. Bev Morgan had purchased the rights to my friend Scrap Lundy's Abalone Diving book. At the time I heard this I rember thinking "Ge that's kinda odd why would he do that?" but oh well he did dive for abs in his early days so what ever?  

And now Dive Diva you have brought to our attention a most interesting overlooked fact about the Widolf mask and the evolution and developement of the KM Band mask. So with the book purchase rights if in fact its really accurate create a very interesting series of events. Just my opinion of course.  

Permalink Reply by Barone on February 25, 2011 at 12:07pm
I have a KM 27b and I will take as many photo as I want and they can go you know what! that is b******* I buy something and now you can tell me what to do with it, ya right, what is this world coming too?
Permalink Reply by Jerry Babin on March 3, 2011 at 7:43pm
Welcome to the long-arm of the Trade Federation (oops, I mean the Trade ASSociation...)
Permalink Reply by Fred C. Johnson on February 25, 2011 at 6:39pm

Gorski helmets will now be manufactured by AQUA LUNG.

Les sold his helmet and manufacturing rights and will be there sales represenitive.

This was direct from Les at UI on Thursday. 

Permalink Reply by A.. Parnell on February 27, 2011 at 1:25pm
Dive Diva just got confirmation from A.L."Scrap" Lundy that Mr. Bev Morgan actually did purchase rights to Scrap Lundy's Abalone Diving Industry book. The reason stated was to make an improved version. This should be interesting to read when and if it ever comes out. Your up to date. 

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