Re: Group Purhase Ethics & Barry Diament's Hip Joints

Posted by bdiament (A) on October 25, 2004 at 07:20:03

In Reply to: Group Purhase Ethics & Barry Diament's Hip Joints posted by Wellfed on October 24, 2004 at 18:52:49:

"I did not find this evidence and believe that since allegations were made publicly they should be substantiated publicly, or retracted."

Thank you Wellfed.

The old post where I said "Sure look like Hip Joints to me" was a stupid one on my part. As were a number of others where I "thought out loud" to this forum. The statement was an observation which I believe is supported by pictures of both designs. Do they or don't then look similar? That said, I am sorry for any inferences some may have drawn as a result of my observation. Knowing now that others will conjure conclusions from my words that are not contained in my words, I'll choose what I post more carefully.

Did I say in an old post that I was considering a commercial venture with Hip Joints? Yes I did.
Did I also say on numerous subsequent occasions and repeatedly to all who asked, that the commercial venture was not going forward? Yes I did.

I posted long ago about consulting with a patent attorney and implied (more of the "thinking out loud") this consultation was the sole reason I wasn't going forward with a commercial venture. Only thing is, I haven't posted every single thought here so I can see how some folks interpret that as the reason.

Notice how I haven't posted anything about the Enjoyyourshelf rack since the earliest mentions and have not sent any detailed information to anyone. If I was going to consider a commercial venture, this is where it would be. I'd rather sell beautiful racks at $3000 a pop than sets of footers for $50 or $75 per set.

As to the accusations of Hip Joints being a copy or of somehow having appropriated the intellectual property of another, I would appreciate it if those who suggest this would carefully read the patent they feel is being infringed upon and enumerate the aspects unique to the patented design which they also find in Hip Joints. The patent describes several unique aspects of that design in detail, none of which are incoporated in Hip Joints as far as I can see. They both use a ball in cup but this is not unique to the design in the patent or for that matter, to audio.

Then there are the other accusations. "Seeding" is one of them. Again, without substantiation or consideration of all the times I've said I'm not going to sell Hip Joints, the accusation of a dark purpose: using the Asylum for free publicity in connection with a commercial venture. This is effectively saying "Well okay it isn't a business but he's planning on one, I know it." This has as solid a foundation as the accusation of my "constant repetition" that I believe "that Symposium stole" my design. Why not ask me what I believe instead? I've already said that old post of mine was stupid but can the accuser supply a direct quote where I actually said my design was "stolen"? They've said "constant repetition" so this should be easy to support, shouldn't it?

"Has he just set in place a powerful grass roots marketing plan for when he converts to 'pro'?" Has he? A mighty strong accusation (as was the older one about deliberately seeking to harm Symposium) without suffering the inconvenience of a test for truth. So far there have been 3 or 4 overtures from Asylum members asking for licensing and/or partnerships. Please note that this has not materialized. I first posted about Hip Joints more than three years ago.

Another question: Since the Asylum is a place where hobbyists share information and in this particular case tweaks, what is the transgression in giving the specs away free? Why is this raised as an issue in "So, how many posts has Barry made in the past few days telling individual people he would be sending them the drawings for Hip Joints (You got 'em!, You got 'em too!, etc)?" Is there some jealousy at play here? Is this "commerce" too?

How responsible is it to say "This is all part of what MAY be a larger plan." or even to intimate this without evidence? This is a very serious accusation and along with the accusations of plagiarism and seeking to damage a corporation, can end up having serious consequences. (I periodically sell articles to professional and hobbyist audio publications. Accusations of plagiarism are serious.) Since they were publicly posted on the Asylum I'm not surprised it was "strongly suggest"ed this person "refrain from posting for a while" as the statements could implicate the owners of this web site as well for having published them.

At this point, I'm growing tired of dignifying unsupported and mean spirited accusations with responses or "defenses". Unless the proprietors of the Asylum tell me differently, I will feel free to share the design here with anyone of my choosing. The specs are shared in the spirit of joy and camaraderie, and I feel sorry for those who just don't seem to understand.

Happy Listening!
Barry

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Follow Ups Full Thread

Topic - Group Purhase Ethics & Barry Diament's Hip Joints - Wellfed 18:52:49 10/24/04 (56)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - Bruce from DC 11:03:19 10/29/04 (1)

Thanks Bruce... - Wellfed 13:05:04 10/29/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - Rod M 18:57:36 10/28/04 (3)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - bdiament 10:39:54 10/29/04 (0)

Rod, thanks for weighing in... - Wellfed 02:57:12 10/29/04 (1)

Clarification, I don't want to look like Derek Zoolander... - Wellfed 03:39:29 10/29/04 (0)

What a tragic turn of events! - Julien43 13:37:32 10/26/04 (2)

The sad thing in my view... - Wellfed 14:27:08 10/26/04 (1)

Okay..we give up group buy ..will Symposium give us a group discount ? - SoftwireEngineer 15:45:48 10/26/04 (0)

Patent Infringement answered (sorta)... - Monty 10:00:41 10/26/04 (0)

* * * * Hip Joints: the Coda* * * * - bdiament 06:13:09 10/26/04 (12)

* * * * Hip Joints: the Coda* * * * - Julien43 23:29:03 10/26/04 (1)

Thank you - bdiament 11:07:29 10/28/04 (0)

Re: * * * * Hip Joints: the Coda* * * * - Fred Volz 09:36:10 10/26/04 (3)

Fred please read (thank you) - bdiament 11:37:02 10/26/04 (0)

Is the Symposium idea an original one ? - SoftwireEngineer 10:40:45 10/26/04 (1)

According to Symposium... - Wellfed 22:51:20 10/26/04 (0)

Re: * * * * Hip Joints: the Coda* * * * - Mr. Walker 09:25:03 10/26/04 (3)

Re: * * * * Hip Joints: the Coda* * * * - bdiament 10:04:02 10/26/04 (2)

Re: * * * * Hip Joints: the Coda* * * * - Mr. Walker 11:14:49 10/27/04 (1)

Re: - bdiament 14:36:58 10/27/04 (0)

I think it is sad you have allowed them to silence you!!! - TomWh 08:00:24 10/26/04 (1)

Re: I think it is sad you have allowed them to silence you!!! - bdiament 08:52:09 10/26/04 (0)

Random scribblings on a theme (longish) - Owen 01:36:17 10/26/04 (1)

Owen, I seriously enjoyed your post... - Wellfed 10:06:24 10/26/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - JFB 19:25:40 10/25/04 (1)

Since you were civil... - Wellfed 22:07:26 10/25/04 (0)

purchases should move to the classifieds - CD 13:19:06 10/25/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - bdiament 07:20:03 10/25/04 (5)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - Mr. Walker 04:46:54 10/26/04 (2)

I am not familiar with the term "ghosters"... - Wellfed 09:31:52 10/26/04 (0)

That's "Mr." to you - bdiament 06:28:48 10/26/04 (0)

I think you have expressed yourself quite well with this post... - Wellfed 09:52:22 10/25/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - bdiament 08:18:23 10/25/04 (0)

You deleted your post Barry,before I could leave you this ... - Jack Seaton 07:16:31 10/25/04 (1)

Re: You deleted your post Barry,before I could leave you this ... - bdiament 07:27:02 10/25/04 (0)

While I haven't followed the whole ordeal, ... - Jack Seaton 06:44:25 10/25/04 (13)

Hey Jack... - Wellfed 10:18:23 10/25/04 (2)

Sorry. In the future, I'll only post under yours if I agree with you. - Jack Seaton 22:13:38 10/25/04 (1)

Jack, I never suggested that you weren't helping... - Wellfed 22:40:36 10/25/04 (0)

The real question.... - pburant 07:26:06 10/25/04 (9)

Come on, patent searches are easy. - Jack Seaton 07:56:36 10/25/04 (8)

Easy? Prove it..... - pburant 08:35:15 10/25/04 (7)

I apologize. It might be difficult for some. Sorry, I won't do anyone else's Patent research for free. - Jack Seaton 08:54:34 10/25/04 (6)

I thought you said it was easy? - pburant 09:46:07 10/25/04 (5)

It is easy. I understand that your interest isn't enough to warrent payment for services.nt - Jack Seaton 10:24:29 10/25/04 (4)

Jack, I spoke with the Symposum proprietor last week... - Wellfed 10:42:09 10/25/04 (3)

hmm.."we are not talking about a question of patent infringement" - SoftwireEngineer 18:55:51 10/25/04 (1)

Peter at Symposium considers his Roller Blocks... - Wellfed 20:57:23 10/25/04 (0)

see my post above . . . - JFB 18:21:34 10/25/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - Fred Volz 00:10:02 10/25/04 (4)

Lots of IF's - TomWh 18:29:35 10/25/04 (1)

I, no doubt, want to avoid committing crimes ;0) - Wellfed 22:16:38 10/25/04 (0)

Congratulations Fred, you've passed the "test"... - Wellfed 09:34:05 10/25/04 (0)

Some good points here, not to be dismissed lightly - BobM 08:12:52 10/25/04 (0)

I have manufactured in the past and frankly. . - John PA 20:27:12 10/24/04 (0)

Follow Ups

Re: Group Purhase Ethics & Barry Diament's Hip Joints - bdiament 07:20:03 10/25/04 (5)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - Mr. Walker 04:46:54 10/26/04 (2)

I am not familiar with the term "ghosters"... - Wellfed 09:31:52 10/26/04 (0)

That's "Mr." to you - bdiament 06:28:48 10/26/04 (0)

I think you have expressed yourself quite well with this post... - Wellfed 09:52:22 10/25/04 (0)

Re: Group Purhase Ethics & Barry Diament's Hip Joints - bdiament 08:18:23 10/25/04 (0)

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