User:Louis/Fender Stratocaster Copyright Enforcement: Difference between revisions
added full letter text from guitar.com redacted copy, removed duplicate image, expanded ceo contradiction |
cited the dealer-event footage with timestamps for the ceo quotes |
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The consumer-return reading arose from the dominant cultural meaning of "recall." In product safety contexts, a recall means retrieving goods already in consumers' hands: cars, appliances, food. | The consumer-return reading arose from the dominant cultural meaning of "recall." In product safety contexts, a recall means retrieving goods already in consumers' hands: cars, appliances, food. | ||
Directive 2001/29/EC provides at Article 4(2) that once a rights-holder places a physical copy on the market within the EU, the distribution right over that specific object is exhausted.<ref name="eu-infosoc" /> In German IP law, the Federal Court of Justice held in I ZR 208/15 (May 4, 2017) that the Rückruf obligation runs to commercial customers in the supply chain.<ref name="bgh-recall" /> Fender CEO Edward Cole confirmed the scope in June 2026: Fender had ''no intention of going after artists, players, collectors, or anyone who simply loves to make music.''<ref name="gw-ceo" /> | Directive 2001/29/EC provides at Article 4(2) that once a rights-holder places a physical copy on the market within the EU, the distribution right over that specific object is exhausted.<ref name="eu-infosoc" /> In German IP law, the Federal Court of Justice held in I ZR 208/15 (May 4, 2017) that the Rückruf obligation runs to commercial customers in the supply chain.<ref name="bgh-recall" /> Fender CEO Edward Cole confirmed the scope in June 2026: Fender had ''no intention of going after artists, players, collectors, or anyone who simply loves to make music.''<ref name="gw-ceo" /><ref name="cole-vid-scope" /> | ||
[[File:Fender-Stratocaster-EU-first-sale-exhaustion.png|thumb|center|upright=2.2|Article 4 of Directive 2001/29/EC on EUR-Lex, providing in section 2 that the distribution right is not exhausted unless the first sale or other transfer of ownership in the Community is made by the rightholder or with consent.<ref name="eu-infosoc" />]] | [[File:Fender-Stratocaster-EU-first-sale-exhaustion.png|thumb|center|upright=2.2|Article 4 of Directive 2001/29/EC on EUR-Lex, providing in section 2 that the distribution right is not exhausted unless the first sale or other transfer of ownership in the Community is made by the rightholder or with consent.<ref name="eu-infosoc" />]] | ||
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In June 2026, Fender CEO Edward Bud Cole addressed the backlash at a dealer event, footage of which leaked to Guitar World. Cole opened by disputing the litigation framing: | In June 2026, Fender CEO Edward Bud Cole addressed the backlash at a dealer event, footage of which leaked to Guitar World. Cole opened by disputing the litigation framing: | ||
<blockquote>''First and foremost, Fender is not suing anybody.''</blockquote><ref name="gw-ceo" /> | <blockquote>''First and foremost, Fender is not suing anybody.''</blockquote><ref name="gw-ceo" /><ref name="cole-vid-suing" /> | ||
Referring to the cease-and-desist letters, he added: | Referring to the cease-and-desist letters, he added: | ||
<blockquote>''What we've done is reach out thoughtfully and respectfully to a handful of companies whose guitars come extremely close to replicating the iconic Fender Stratocaster design.''</blockquote><ref name="gw-ceo" /> | <blockquote>''What we've done is reach out thoughtfully and respectfully to a handful of companies whose guitars come extremely close to replicating the iconic Fender Stratocaster design.''</blockquote><ref name="gw-ceo" /><ref name="cole-vid-respectfully" /> | ||
Cole then retreated from the destruction demand his own firm's letters had made: | Cole then retreated from the destruction demand his own firm's letters had made: | ||
<blockquote>''No inventory destruction. Those comments were unfortunate. We are not asking anyone to destroy inventory.''</blockquote><ref name="gw-ceo" /> | <blockquote>''No inventory destruction. Those comments were unfortunate. We are not asking anyone to destroy inventory.''</blockquote><ref name="gw-ceo" /><ref name="cole-vid-destruction" /> | ||
[[File:Fender-Stratocaster-CEO-Bud-Cole-no-inventory-destruction.png|thumb|center|upright=2.2|Fender CEO Edward Bud Cole, quoted by Guitar World, retracting the inventory destruction demand that Bird and Bird's letters had made on Fender's behalf.<ref name="gw-ceo" />]] | [[File:Fender-Stratocaster-CEO-Bud-Cole-no-inventory-destruction.png|thumb|center|upright=2.2|Fender CEO Edward Bud Cole, quoted by Guitar World, retracting the inventory destruction demand that Bird and Bird's letters had made on Fender's behalf.<ref name="gw-ceo" />]] | ||
At the dealer event Cole said Fender had reached out ''thoughtfully and respectfully'' to the companies it contacted.<ref name="gw-ceo" /> The redacted letter Guitar.com reviewed told each recipient that, should it fail to comply by the deadline, Bird & Bird would ''advise our client to commence the required further judicial steps against you without further hesitation.''<ref name="guitarcom-industry" /> | At the dealer event Cole said Fender had reached out ''thoughtfully and respectfully'' to the companies it contacted.<ref name="gw-ceo" /><ref name="cole-vid-respectfully" /> The redacted letter Guitar.com reviewed told each recipient that, should it fail to comply by the deadline, Bird & Bird would ''advise our client to commence the required further judicial steps against you without further hesitation.''<ref name="guitarcom-industry" /> | ||
Cole also said the inventory destruction language was ''unfortunate'' and that Fender was ''not asking anyone to destroy inventory.''<ref name="gw-ceo" /> The same letter named ''destruction of the infringing products'' as one of Fender's enumerated claims against each builder.<ref name="guitarcom-industry" /> | Cole also said the inventory destruction language was ''unfortunate'' and that Fender was ''not asking anyone to destroy inventory.''<ref name="gw-ceo" /><ref name="cole-vid-destruction" /> The same letter named ''destruction of the infringing products'' as one of Fender's enumerated claims against each builder.<ref name="guitarcom-industry" /> | ||
He described the preferred resolution as ''practical, reasonable solutions,'' including design modifications and ''generous transition periods to sell through existing inventory.''<ref name="gw-ceo" /> He also narrowed the geographic scope, stating the conversations were centered on products made, marketed, or sold in the European Union, not in the United States.<ref name="gw-ceo" /> That EU-only framing sits awkwardly next to the targeting of the PRS Silver Sky, a modified American design, and against Cole's own rejection of the ''S-style'' shorthand as ''an attempt to diminish and whitewash'' Fender's contribution.<ref name="guitarcom-ceo" /> | He described the preferred resolution as ''practical, reasonable solutions,'' including design modifications and ''generous transition periods to sell through existing inventory.''<ref name="gw-ceo" /><ref name="cole-vid-solutions" /> He also narrowed the geographic scope, stating the conversations were centered on products made, marketed, or sold in the European Union, not in the United States.<ref name="gw-ceo" /> That EU-only framing sits awkwardly next to the targeting of the PRS Silver Sky, a modified American design, and against Cole's own rejection of the ''S-style'' shorthand as ''an attempt to diminish and whitewash'' Fender's contribution.<ref name="guitarcom-ceo" /><ref name="cole-vid-whitewash" /> | ||
[[File:Fender-Stratocaster-CEO-Cole-no-inventory-destruction-statement.png|thumb|center|upright=2.2|Guitar World reporting on Fender CEO Edward "Bud" Cole's June 2026 dealer-event statement contradicting the inventory-destruction language in the Bird and Bird letters sent on Fender's behalf weeks earlier.<ref name="gw-ceo"/>]] | [[File:Fender-Stratocaster-CEO-Cole-no-inventory-destruction-statement.png|thumb|center|upright=2.2|Guitar World reporting on Fender CEO Edward "Bud" Cole's June 2026 dealer-event statement contradicting the inventory-destruction language in the Bird and Bird letters sent on Fender's behalf weeks earlier.<ref name="gw-ceo"/>]] | ||
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<ref name="guitarcom-ceo">{{Cite web |url=https://guitar.com/news/industry-news/fender-ceo-responds-backlash-cease-and-desist/ |title=Fender CEO responds to cease-and-desist backlash, says company is not suing anybody |publisher=Guitar.com |date=2026-06 |access-date=2026-06-16}}</ref> | <ref name="guitarcom-ceo">{{Cite web |url=https://guitar.com/news/industry-news/fender-ceo-responds-backlash-cease-and-desist/ |title=Fender CEO responds to cease-and-desist backlash, says company is not suing anybody |publisher=Guitar.com |date=2026-06 |access-date=2026-06-16}}</ref> | ||
<ref name="gw-ceo">{{Cite web |url=https://www.guitarworld.com/gear/electric-guitars/fender-ceo-addresses-cease-and-desist-backlash |title=Fender CEO addresses Strat cease-and-desist backlash |publisher=Guitar World |date=2026-06 |access-date=2026-06-16}}</ref> | <ref name="gw-ceo">{{Cite web |url=https://www.guitarworld.com/gear/electric-guitars/fender-ceo-addresses-cease-and-desist-backlash |title=Fender CEO addresses Strat cease-and-desist backlash |publisher=Guitar World |date=2026-06 |access-date=2026-06-16}}</ref> | ||
<ref name="cole-vid-suing">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=3s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 0:03.</ref> | |||
<ref name="cole-vid-respectfully">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=12s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 0:12.</ref> | |||
<ref name="cole-vid-whitewash">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=58s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 0:58.</ref> | |||
<ref name="cole-vid-scope">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=158s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 2:38.</ref> | |||
<ref name="cole-vid-solutions">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=190s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 3:10.</ref> | |||
<ref name="cole-vid-destruction">{{Cite web |url=https://www.youtube.com/watch?v=7Hx3kMMBfBg&t=201s |title=Fender CEO Edward "Bud" Cole talks about cease & desist letters, Fender's majority owners and more |publisher=Bananas at Large |date=2026-06-09 |access-date=2026-06-17}} At 3:21.</ref> | |||
<ref name="eu-infosoc">{{Cite web |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001L0029 |title=Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society |publisher=EUR-Lex |date=2001-05-22 |access-date=2026-06-16}}</ref> | <ref name="eu-infosoc">{{Cite web |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001L0029 |title=Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society |publisher=EUR-Lex |date=2001-05-22 |access-date=2026-06-16}}</ref> | ||
<ref name="bgh-recall">''Bundesgerichtshof'' [BGH], I ZR 208/15 (May 4, 2017) (Ger.).</ref> | <ref name="bgh-recall">''Bundesgerichtshof'' [BGH], I ZR 208/15 (May 4, 2017) (Ger.).</ref> | ||