Spring Break
OSU accused of copyright violation
Foundation claims university ripped off its materials; OSU says it did nothing wrong
Ashley Slocki
Issue date: 1/9/07 Section: News
The California-based Motorcycle Safety Foundation has field a lawsuit against OSU claiming that the university-hosted Team Oregon Motorcycle Safety Program has illegally used its materials.
The suit was filed on Dec. 14. The foundation is seeking a jury trial.
"We created our own curriculum - we knew this was something they were not happy about," said Todd Simmons, an OSU spokesman.
OSU previously used the foundation's curriculum for the course, but decided to make their own - one the foundation thinks is too similar to theirs.
"They are suing us because they feel we are using parts of their curriculum inappropriately, we feel like we are in our legal limits and are in full compliance with the law," Simmons said. "I can tell you though this is a suit we have been anticipating for sometime."
A Jan. 4 article in the Corvallis Gazette-Times stated curves were a major part of the change in the new curriculum because of the nature of many roads of Oregon.
The foundation claims that OSU misappropriated training materials supplied by them.
According to the suit, Stephen Garets, director of the Team Oregon Motorcycle Safety Program, other representatives and contractors of Team Oregon received a copy of the foundation's Basic Rider Training curriculum.
OSU President Ed Ray and Garets, are also being sued individually.
The suit states that Ray "is legally responsible for the acts and omissions of OSU and its employees, representatives, contractors and agents." Ray declined to comment.
Garets would not comment specifically about the case, but he did say the program has been at OSU for the past 23 years.
Team Oregon, based at OSU, aims to provide rider skills training for motorcyclists across the state.
The Motorcycle Safety Foundation claims that OSU copied their work and began to provide the material to other training facilities around the country.
"The MSF attempted on multiple occasions to resolve these issues without a lawsuit, but Oregon State University and Mr. Garets were unwilling to stop their unlawful conduct," said Stuart Philip Ross, an attorney with the law firm Ross, Dixon and Bell, LLP in a press release. "After Team Oregon began attempting to market, distribution and offer the BRT curriculum materials to motorcycle safety programs in other states, and it became clear OSU would not prohibit this activity the MSF had no choice but to take legal actions to protect its intellectual property rights."
The suit states that Idaho is using Team Oregon's curriculum. Colorado and Washington are considering the use of it.
According to the suit, in January 2004 the first edition of BRT Rider's Guide was published - Garets was listed as the "Editorial Director."
The first edition did indicate that the material was copyrighted in 2004. The foundation was listed in the acknowledgement section as a contributor.
Simmons stands by the program.
"I have friends that swear by the program," Simmons said.
Simmons said OSU's attorneys are confident with their position in the case.
"We have looked very closely at the issues they brought up in the suit and we feel very comfortable with the training that we are providing," Simmons said. "We feel the way we are doing the training is in the best interest of the riders."
The suit was filed on Dec. 14. The foundation is seeking a jury trial.
"We created our own curriculum - we knew this was something they were not happy about," said Todd Simmons, an OSU spokesman.
OSU previously used the foundation's curriculum for the course, but decided to make their own - one the foundation thinks is too similar to theirs.
"They are suing us because they feel we are using parts of their curriculum inappropriately, we feel like we are in our legal limits and are in full compliance with the law," Simmons said. "I can tell you though this is a suit we have been anticipating for sometime."
A Jan. 4 article in the Corvallis Gazette-Times stated curves were a major part of the change in the new curriculum because of the nature of many roads of Oregon.
The foundation claims that OSU misappropriated training materials supplied by them.
According to the suit, Stephen Garets, director of the Team Oregon Motorcycle Safety Program, other representatives and contractors of Team Oregon received a copy of the foundation's Basic Rider Training curriculum.
OSU President Ed Ray and Garets, are also being sued individually.
The suit states that Ray "is legally responsible for the acts and omissions of OSU and its employees, representatives, contractors and agents." Ray declined to comment.
Garets would not comment specifically about the case, but he did say the program has been at OSU for the past 23 years.
Team Oregon, based at OSU, aims to provide rider skills training for motorcyclists across the state.
The Motorcycle Safety Foundation claims that OSU copied their work and began to provide the material to other training facilities around the country.
"The MSF attempted on multiple occasions to resolve these issues without a lawsuit, but Oregon State University and Mr. Garets were unwilling to stop their unlawful conduct," said Stuart Philip Ross, an attorney with the law firm Ross, Dixon and Bell, LLP in a press release. "After Team Oregon began attempting to market, distribution and offer the BRT curriculum materials to motorcycle safety programs in other states, and it became clear OSU would not prohibit this activity the MSF had no choice but to take legal actions to protect its intellectual property rights."
The suit states that Idaho is using Team Oregon's curriculum. Colorado and Washington are considering the use of it.
According to the suit, in January 2004 the first edition of BRT Rider's Guide was published - Garets was listed as the "Editorial Director."
The first edition did indicate that the material was copyrighted in 2004. The foundation was listed in the acknowledgement section as a contributor.
Simmons stands by the program.
"I have friends that swear by the program," Simmons said.
Simmons said OSU's attorneys are confident with their position in the case.
"We have looked very closely at the issues they brought up in the suit and we feel very comfortable with the training that we are providing," Simmons said. "We feel the way we are doing the training is in the best interest of the riders."
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