Documents filed in US District court on Wednesday, March 9, 2011 reveal that Make The Cut has reached a settlement with Provo Craft in the lawsuit over 3rd party Cricut software created by Make The Cut. Provo Craft had sued Make The Cut in April 2010 alleging that Make the Cut’s 3rd party software for Cricut machines illegally circumvented copyright protection on Provo Craft’s products and violated copyright on the company’s Cricut Design Studio software code.
Provo Craft had appeared particularly to be targeting in the suit the recently introduced “back-up” feature in the Make The Cut software, which allowed users to create back-ups of their Cricut cartridges. (The feature was only available to users for a two week period in March 2010 before being pulled from distribution as a result of the litigation.)
Terms of the settlement were stipulated to the court in joint documents filed by the companies Wednesday with the U.S. District Court for the Eastern District of Wisconsin, which had been hearing the case. Under the settlement, Make The Cut is permanently and immediately disallowed from selling software that is compatible in any way with Cricut machines. The company is also required to destroy all copies of the software’s source code.
For the existing software, Make The Cut also is required to take measures within 30 days to disable the 600 copies that were sold of the software with the cartridge back-up feature. Make The Cut is ordered to render these copies of the software completely non-functional until these users update their software to a copy that eliminates the back-up function.
Provo Craft also recently filed suit against another 3rd party Cricut software creator, Craft Edge, in an attempt to stop distribution of their Sure Cuts A Lot product.
What a shame. A shame that a huge company like Provo Craft can out lawyer and out finance the competition.
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"Out lawyer" is right. I appreciate your posting this item; I will do likewise on my blog (see below for link). I am concerned because it looks like PC is now going after SCAL as well. I had been running a promotion for monthly free software licenses for Fairy Cut (an international competitor to MTC and SCAL) which I enjoy as much. I am disabling my promotion because I don't want to run the risk of somehow being enjoined in any litigation.
I understand the nature of copyright and copyright infringement; my father is an intellectual rights' attorney (now retired) so I have been around it all my life. It just makes me sad that simply because PC didn't think of this first and sell it, they will sue. And have MTC destroy its code? Its livelihood?
I wish this had gone to court rather than settle it ... though I understand that lawyering and the cost of litigation can simply make a little guy like Andy at MTC scream "uncle" and settle.
Who's next -- a little guy like "Cricut Search"?
Sure takes the fun out of using my Cricut! (At least for today!)
Ellen ♥ CardMonkey
www.cardmonkey-business.blogspot.com
I wouldn't have bought my Cricut if not for SCAL's existence. I bought SCAL while waiting for my bug to be shipped! That's how much I love the software.
I think the "out lawyer" is precisely WHY PC was sold to the arm of Bank of America... I think they have been planning this for a while, and wanted to get their big gun arsenal ready first.
I'll be getting a Silhouette next time. Provo Craft lost a customer here.
this is very sad... hope all is well with you.... me? busy... but then what else is new!!! blessings on your day....{{hugs}} Michelle
Hi karen,
I was really saddened to hear about this ruling..
Also, I was wondering if you sent out the blog candy that I won from you?
Patti Ross
rossfam@wildblue.net
www.pattilynncreations.blogspot.com
I will tell the truth I bought the sure cuts alot program but i never used it because it was too confusing to me... I had to make it an svg through inkscape and that was just to much of a hassle for me...
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