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The Magic Cafe Forum Index » » Right or Wrong? » » Putting an effect on the market that is already on the market (0 Likes) Printer Friendly Version

Mark Storms
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Seattle, WA
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Ok so read the situation below CAREFULLY.

Two people come up with the same Idea independently. Lets say that they both come up with an identical gaff deck. These two people, Magician A and Magician B, know nothing about each other and have never met. Magician B keeps quiet about the deck and develops routines for it, while the Magician A puts his out onto the market(A). Time passes and eventually the Magician B now wants to put his item on the market. He soon finds out of the Existance of Magcians A's product. "B" is really upset because he spent so much time thinking about it and being creative. EVen though he knows of "A's" product he decides to still put his deck out on the market.

IS THIS ETHICAL OF MAGICIAN B? Or is it wrong of him to put out something that already exists?

Thoughts are appreciated. THANKS
Find out what you cannot do.., Then go and do it!
another guest
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He's not wrong, otherwise we won't have a lot of version of OOTW, CTW, T&R card. This is I think almost the same case as Ben Harris Hoodwink and Yves Ripped and Restored. Both of them marketed their products anyway. (If Im not mistaken)
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Mark Storms
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Another guest, my post above is assuming that both products use the EXACT same gaff to be used for the exact same purpose.
Find out what you cannot do.., Then go and do it!
Skarn
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My opinion on this is unfortunately, Magician B got beat to the punch.

This happens all the time in other industries. People come up with great ideas and might even implement it, but for one reason or another they didn't apply for a patent, trademark, etc. Then sometime after, they decide to do it and find out someone else came up with the idea and DID patent, trademark, etc. it. Sucks, but oh well, too late.

Skarn
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Jonathan Townsend
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Magician B certainly has a right to market his routines using the item.

As to how he cites magician A's work, that is a matter of ethics and courtesy.

One approach is to offer the book of routines with the item and acknowledge the earlier work much like the "invisible deck" routine cites the item "ultra mental deck".

Happy to see this is a case of truly independant invention as opposed to a result of gossip or a violation of trust.

I'd like to know if both magicians could offer a combined product via the publisher/distributer.
...to all the coins I've dropped here
another guest
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Well, Ripped and Restored and Torn have the same method. But maybe he asked permission all ready. I think so.
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The Magic Cafe Forum Index » » Right or Wrong? » » Putting an effect on the market that is already on the market (0 Likes)
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