Well, here's my twist on it. (FWIW & FYI, Atin and I talked this over last night in a series of PMs).
Dorsey doesn't own copyrights or trademarks on anything to do with the methodology/technique of p&f charting. This is all 'prior art', published for many years, and the technique is in the public domain, as the legal eagles might say.
But Dorsey does see any internet-based p&f site as competition, esp if the site in question is currently giving away information that DWA charges $25 a month for.
Now, if you go to any of the DWA pages and read their 'disclaimer/copyright' statement you will see that it specifically mentions copyright, unfair competition, trademark and 'trade dress' law coverage.
Interesting Aside: (Disclaimer says they can be dead wrong and you can't do squat to them; Copyright says anything on their site is their's and they can sue your shorts off if you infringe)
It's the 'trade dress' aspect that I made note of and mentioned to Atin.
FYI 'Trade Dress Law' Basics: sughrue.com
IMHO It's a 'look and feel' thing with the way Atin presented info on his chart pages. Someone, an unsuspecting web surfer, could have stopped at Atin's site and might (might) have not known he wasn't looking at a DWA site copyrighted p&f page. But Atin is in control of that and can make changes.
As to any of the Bullish percents, sectors, market terms specific to p&f, etc. ... all prior art and DWA cannot own them, however much they may bluster about it.
However, I am not a lawyer, and I do not play one on TV ;-))
Ben A.
ez-pnf.com |
