According to The Daily Telegraph, the court decided that “the customization of the car’s lines and its aesthetic elements have made the 250 GTO unique, a true automobile icon.”
The verdict protects the design from being copied and reproduced without permission.
The judgment was handed down by the tribunal in Bologna after Ferrari lodged a petition to have the design and intellectual property rights of the classic car officially recognized, because a company in Modena was planning to produce 250 GTO replicas.
https://www.foxnews.com/auto/italian-court-declares-multi-million-dollar-ferrari-250-gto-a-work-of-art-in-landmark-decision
https://www.telegraph.co.uk/news/2019/06/24/iconic-ferrari-recognised-work-art-bid-protect-worlds-valuable/
So basically, the Ferrari Family doesn't want anything of theirs reproduced. ANYTHING. I know they are just referring to the 250 GTO, and indeed it is a beautiful and unique design. BUT, this judgement sets the stage for all of the Ferrari cars thus making all production models only available to the ultra upper class. I think that was the plan all along. However, this means that if anyone else would like to do an exact reproduction any car, foreign or domestic they will no longer be able to do this due to copyright infringements. Is that right? Am I reading the intent of this judgement correctly?
ReplyDeleteI don't agree with your conclusion...
Delete1st, no manufacturer EVER wanted ANY thing they'd made reproduced without licensing. SO, we do get reproduction parts, authorized, and meeting the manufacturers standards of function and form. Basically, we have standards, and a building code so repop parts aren't junk that will cause our cars to break down.
All industrialized countries have court systems, and laws, that prevent any reproduction while patents are still legal, or trademarks, or copyright.
So, Ferrari isn't new in that, no one is.
Some half ass back alley jackass decided to tackle Ferrari's commitment to preventing cheap garbage repop 250s. THAT is the same as some Chinese knock off making 1965 Mustangs, and selling them in the USA. No today Mao Tse-Chung.
What went a bit farther due to the courtesy of this court, was not completely unheard of in the past decade, the court decided it was a work of art, like a Michaelangelo, or a DaVinci, and said "no fucking way, not in Italy spaghetti breath"
Also, your notion about upper class, again, nope. Anyone can buy or sell anything legally. If you want a 250, NOTHING stops you from buying one if your middle or lower class income, as long as one is for sale that you can afford. It's not elitism, it's capitalism. You can buy anything you can afford, there is no caste system preventing you.
The fact that no one owns one of the 36 GTOs and will sell it for less than 10 million, well, that is a problem, but only for those looking to sell. Then can sell them for a 20 dollar bill, if they want to.
Next, anyone can make an exact reproduction. Just not with Ferrari's logos, trademarks, patents, and permission to sell it.
To make an exact duplicate to sell AS a Ferrari, or Chevy, or Ford? Bad idea. That's simply going to go to court and you'd lose.
So, I disagree completely, but not for the reasons you specified
Well said Jesse, you make it very clear. Basically, if someone wanted to make a mock GT 250 they can, just don't put anything on it that says Ferrari. I also agree with your comment about elitism verses capitalism. It's all a matter of what you can afford. Thanks for your thoughts on my questions.
ReplyDeleteNow, on another note. New banner is a beauty. Gee Bee was/is an outrageous plane and a cool, yet horrible design. Its nick name? The Man Killer.
The smallest Gee Bee could be flown by a very skilled pilot, and did at some point have the world speed record. Like some fighter jets (the F-104 comes to mind), it was like a very sharp kitchen knife; it can do things the other knives can't, but better watch your fingers....
ReplyDelete