MSF Grants Team Oregon Motorcycle Safety Program License to
Incorporate MSF’s Copyrighted Materials
IRVINE, Calif.--(BUSINESS WIRE)--The Motorcycle Safety Foundation announced that it has resolved its
copyright infringement lawsuit against Dr. Edward Ray, on behalf of
Oregon State University, and Stephen Garets, operators of the Team
Oregon Motorcycle Safety Program. The Settlement Agreement was finalized
by all parties today.
“We are pleased with the settlement in which the integrity of MSF’s
intellectual property rights was acknowledged,” said Tim Buche,
president of the MSF. “It’s unfortunate that a lawsuit was necessary to
reach a resolution of this dispute.”
MSF had offered to settle its intellectual property claims on
substantially the same terms in October 2006 and only resorted to the
lawsuit after its offer was rejected without a counter offer.
Buche added that MSF, which was represented in the litigation by Paul
Gale and Erik Pritchard of Ross, Dixon and Bell (http://www.rdblaw.com),
was prepared to litigate the case to conclusion with nationally renowned
copyright expert David Nimmer (http://www.irell.com/professionals-51.html).
Nimmer had committed to testify that the Oregon publications infringed
MSF’s copyrights and, as a result, could only lawfully publish them
pursuant to a license granted by MSF. However, Buche said MSF’s Board of
Trustees was open to revisiting discussions when the defendants
requested a settlement conference to resolve the lawsuit.
A primary defense in the case had been that MSF did not own the
copyright in the curriculum materials at issue, which date back to 1986.
In the settlement, however, the defendants acknowledge that MSF has
valid claims of copyright in those materials. MSF acknowledged, as it
had since the beginning of the dispute, that Team Oregon has valid
claims of copyright in Team Oregon’s materials. “MSF has always
contended that an author owns the copyright to those aspects of a
publication that actually are original to the author,” Buche said.
MSF has granted permission to Team Oregon to incorporate MSF’s
copyrighted works in the Team Oregon course materials in the State of
Oregon. Team Oregon will note that permission by including the following
statement as part of the copyright statement in all materials for
existing Team Oregon courses printed after May 21, 2008:
The Team Oregon Motorcycle Safety Program has been granted a license
to incorporate the Motorcycle Safety Foundation's copyrighted materials
in this publication.
The Settlement Agreement also states that Team Oregon and the defendants
will not market and/or distribute, and will not permit anyone else to
market and/or distribute, the Team Oregon works outside the State of
Oregon.
“While we needed to protect our intellectual property, as any
organization has an obligation to do, we continued to dedicate our
resources to developing world-class curricula and supporting MSF
programs to enhance the safety of our fellow riders,” Buche said.
“That’s been our mission from day one, and that continues to be our
focus as we move forward.”
MSF curricula, including the Basic RiderCourseSM, will
continue to be offered at U.S. military and National Guard installations
in Oregon. MSF curricula also will continue to be used in Oregon at
Harley-Davidson dealerships offering the Rider’s Edge course.
A copy of the signed Settlement Agreement is available at http://www.msf-usa.org/downloads/SettlementAgreement.pdf.
Since 1973, the MSF has set internationally recognized standards that
promote the safety of motorcyclists with rider education courses,
operator licensing tests, and public information programs. The MSF works
with the federal government, state agencies, the military and others to
offer training for all skill levels so riders may enjoy a lifetime of
safe, responsible motorcycling. The MSF is a not-for-profit organization
sponsored by BMW, BRP, Ducati, Harley-Davidson, Honda, Kawasaki, KTM,
Piaggio, Suzuki, Triumph, Victory and Yamaha.
