So we’ve spent a good bit of time in the car, out doing things, away from the house this weekend.

Cute the FIRST:

I was working in my studio, which is (now) in a smaller room off the big room in our basement. The big room has tall Ikea furniture holding many bins which hold toys. I could hear Jocelyn as she hummed and sang away as she pulled toys out – a Barbie head whose hair she could brush, some Strawberry Shortcake dolls and assorted furniture, a variety of very small stuffed animals. She hummed and played and then skipped off upstairs without cleaning up, so when I emerged from the studio and saw the toys on the floor, I called her down, saying, “Jocelyn, come clean up your toys!”

Her voice floated down the stairs to me, “Mom, I didn’t get out any toys.”

No malice, no indignation, just pure matter of fact. I looked again. Just to check. Yup, toys are indeed, on the floor.

“Well, come on down here, there are toys on the floor.”
Humming and skipping down, “OK, but I did not get out any toys!”
Arriving at the bottom of the stairs. Staring at the toys. Reiterating once more, in a calm, steady voice. “I don’t know how these got here. I did not get out any toys.”

I said nothing. I just watched her.

A beat went by.

“…….. but I’ll clean them up mommy.”

Oh yes, indeed, missy, you will!

CUTE/HILARIOUS THE SECOND:

On Saturday, Jocelyn took her hard earned $5 allowance and bought a $5 skantily bikini clad Barbie doll. She proceeded to carry it with her everywhere she went.

Ethan can entertain himself for hours with his DS, with a book, with legos.

Jocelyn entertains herself for hours with anything that she can then animate. She will very softly whisper to her dolls, or stuffed animals and have them interact with her, or others. She can play this way a long time. She’s very self conscious though and often won’t let us hear what is going on in these intricate enactments.

James was driving, and I was sitting beside him, when we heard Jocelyn tell us,

“Oops! I accidently popped Barbie’s head off!” She wasn’t upset, and in a moment reported, “I’ll just pop it back on.”

Then about 5 seconds went by when we heard her whispering to Barbie, “Stop screaming, and let me explain!”

Can you believe that???

“Stop screaming, and let me explain!”

Anthromoporphizing taken to the extreme. In her mind, Barbie was obviously screaming at the loss of her head, and Jocelyn was trying to placate her with explanations on head-popping off-ness.

Tears come to my eyes as I try not to stop laughing at that one.

AWESOME THE THIRD, AND LAST:

We got a call late Sunday night to view the house, so we piled into the car and went to Uno’s for dinner. On the kids menu they had several optical illusions, one of them something like this:

From http://www.coolopticalillusions.com/

When you move toward/away from the image, it will appear as if it is turning. Jocelyn held it on the table and moved her head closer and further away over and over, mimicking a possessed bird with a severe twitch, watching as the illusion caused the wheel to “spin”.

“I want to know how they did that!” she stated to me.

Later, I caught her busily coloring on her menu, but when I tried to show interest, she made her frowny face at me and covered up her work. I feigned disinterest until she forgot about me again, intent on her coloring. I looked and realized what she was trying to draw, and used my super special secret Parent Eyeball Telepathy to indicate to James that he should pay attention to his daughter.

He smiled, unknowing what exactly what she was working on, taking my Telepathy message as just, “Look at your cute coloring daughter,” and not seeing the depth there in. I made more urgent Parent Eyeball motions used STRONGER Telepathy to let him know he need to KEEP WATCHING HER — WAIT FOR IT!

She patiently finished her drawing, and then straightened it out on the table, and suddenly made the same bird-like motion, moving her face closer to the paper and further apart, trying to get her illustration to “move” in the same way the optical illusion had done.

James just about fell apart trying not to be AUDIBLE in his laughter and glee, and even though I knew what she was doing, seeing her actions was too much! We both giggled and laughed, much to Jocelyn’s disgust. She was VERY upset at us being a witness to her experiment and subsequent failure and let us know in no uncertain terms.

I had to try VERY HARD to not reply to her, “Stop screaming! I can explain!”

-amy

Mermaid + Merboy. Perhaps a prince! He does have a crown.

Two separate paper cutouts, with the hands glued together.

Mer-boy prince.

Mer-maid!

OMG she just kills me.

We had my brother and his family come visit us a few weeks ago. The weekend after they came, we were having the entire house interior painted, so the house was either scary “you’ve been robbed!” clean, or a mass of migraine inducing “a twister came through here!” messy (the basement).

We boxed up a lot of stuff, and had a lot of boxes around which the kids LOVED. Ethan, Jocelyn, cousin Kade & Eric built a massive box fort which sadly, I didn’t get a picture of. But I did get pictures of Elizabeth, the adorable almost 2 year old!

Look! A box!

Hmmm, something inside that box pushed it over! What could it be?

An Elizabeth?

Yup, it’s an Elizabeth!

She also likes to model Spy Gear Night Vision Goggles:

She wasn’t the only one that likes to play in the box.

Which means we need to sell this house. Which means we need to get it ready, just like the little piggy, for market.

So the last two weekends have been avoiding the house like crazy while workman paint it from head to toe, and then install carpet from head to toe.

Have I ever told you how awesome new carpet is? Ours was AWFUL. And so the new carpet is doubly sweet! It’s sooo beautiful!

Also? Big empty rooms with newly laid carpet is perfect for fiddling around on the floor.

Ethan likes to just settle into a certain position that makes me cock my head to the side and say, “Whaaa?? HOW?!”

A picture is worth a thousand words, and all that, so here you go:

He does this REGULARLY. It freaks me out.

On watching this, James decided he was going to give it a try as well.

Let’s see how successful he was.

Yeah, not so much.

A for effort though!

And just LOOK at that beautiful carpet!

She appreciates it.

Happy birthday to Jocelyn (March 10).

Well, 2 monsters, really.

Every morning (unless we’re on the ball and up and rarin’ to go — yeah, not usually happening!) when I hear a kid stirring, I give our family whistle, and wait to see if a little blur comes running into our room. After a few whistles, we usually have 2 little hot water bottles climb into bed with us for a little morning snuggle.

This morning, I heard Jocelyn in her room, gave the whistle, and sure enough, soon she had bulleted right into bed between James and I.

I needed to get up and get in the shower, but I REALLY didn’t want to.

So I said, “OK, I need to get up.”

And did nothing. While Jocelyn laid next to me.

“Psst. Jocelyn.” I stage whispered.

“What?” she whispered back.

“When I say ‘I need to get up’, you say, ‘NOOOOO!’ and throw your arm over me so I can’t get up!”

She giggled and whispered back, “OK! Do it, Mommy, do it!”

I returned to a normal voice, albeit a bit more dramatic than usual, and declared, “OK! I need to get up!” and didn’t move.

“Noooo!” Jocelyn squealed, and threw her arms around me in a giggly snuggle.

“Oh Dear! I can’t seem to get up out of bed! OH WELL!” I declared, and snuggled with her some more.

Ethan was quickly coached when he arrived minutes later, and we spent a happy 10 minutes with James and I declaring loudly that we really MUST get up, and being grabbed with laughing “NOOOO!”‘s to stop us from doing so. Then they would declare THEY had to get up, and we would grab them and declare “NEVER!”

Much fun was had by all. However, the hour grew late. So when I REALLY DID HAAAAAVE to get up, I had to resort to deceit and trickery.

I looked at my husband.

“James.”

“JAMES!”

James blinked and then got it, and said loudly, “OK I HAVE TO GET UP!”

They pounced on him, and I managed to slip out of bed and hop into the shower.

Happy New Years to you and yours! May you always have someone(s) in your bed trying to keep you in their snuggles.

-Amy

So it’s hard to actually breath that sigh of relief — knowing that in the past, right afterward usually comes the kick to the gut. But we tentatively are, and we’re making sure that Ethan knows how proud we are of all his hard work.

He is doing awesome in school. This year he has a male teacher, and Mr. A has been great. His special ed teacher is also male, and Ethan is really stepping up to take charge and be responsible for his work.

Last year we often had reports of Ethan just plain not doing work — instead he would crawl on the floor picking rocks out of people’s shoes, he would fiddle around on his chair and pick at his own fingernails (picking is huge with this boy) or just wouldn’t be able to focus on that page of work enough to get it done.

He did have an altercation on the bus the past week — dealing with some of the neighborhood boys is always fraught with peril. He does all right when it is just one or two, but our neighborhood has a LOT of young kids, and more normally it is a pack of boys running around, and when they get together they seem to gravitate to aggravating Ethan — which Ethan then gets very aggressive about, making wild threats and often resorting to violence. Which then leads to him being the first one they go to to aggravate. It’s not a fun cycle.

Overall though, we have had a fantastic start to school. Yesterday his Special Ed teacher (who works with him in his normal classroom, along with several other kids) emailed us to let us know that Ethan had another great day. I was at work, and after reading it, I actually teared up with joy. It’s nice to savor these moments, and I hope it lasts as LONG AS POSSIBLE.

Today I’m home sick with a not-acting-very-sick girl, and as she sits and watches Strawberry Shortcake, I was reading through my email and clicked a link to read an excerpt from “Buzz: A Year of Paying Attention” from Katherine Ellison, a memoir about her son’s battle with ADD. Her son Buzz was older than Ethan is now, but so many things sounded so familiar in this short excerpt that I had to leave the room, least Jocelyn look up from Strawberry to see her mom bawling with emotion.

I can’t tell you how many times someone has told me,

“Isn’t ADD/ADHD just boys being boys?”
“It’s because boys learn at a different pace then girls”
“sometimes learning disabilities are mistaken for ADD”
“young brains shouldn’t be drugged, they’re still developing!”
“so, when he’s on ADHD meds, doesn’t it make him less like himself?”
“adhd medications are a conspiracy by the medical professionals!”
“there is no such thing as ADHD, no really!”

I resisted medication our son for most of 1st grade, half believing all or at least some of the above myself. But finally, we reached our breaking point. It sounds like our breaking point whas not nearly as far as the poor author of this book and her son. There have been more times than I can count that both he and I have held on to each other and cried, just as at the end of the excerpt.

Please read this excerpt, go buy the book, try not to label the next boy you see as “a bad/mean kid”, and for GOD’S SAKE, don’t tell the parent putting their child on ADHD meds makes them a bad parent. ADHD is recognized as a actual neurological disorder, and it’s about time that myth was dispelled. ADHD medications have been in use for over 30 years and have been proven SAFE. Even for young developing minds.

We already have enough trouble convincing ourselves we’re not bad parents to hear it from you too.

I am going to be picking up this book TODAY and reading it every moment I can. In between taking Ethan to the child psychologist, and the child psychiatrist that is!

-amy

I really don’t want to get into the background of what’s been happening before and after I published my previous post in the mailling community (and I recognize there’s lots of other places other than the maille artisans site) but there is an entire thread on weave restrictions going on here, on the Maille Artisans site, which you can read if you like. I do want to point out a few things in this situation, and in so doing, I’ll just repost a post I made to that thread:

Oddly, I find myself coming to Legba’s defense.

[snipped links to her flickr stream]

In my opinion, I think there are three issues here.

Legal copyright, the maille community, and the strength of said copyrights.

One has nothing to do with the others.

Legally, I don’t believe that Legba (believed she) did anything wrong in registering her copyrights and enforcing them. These are all for pieces of jewelry which she created and she (believes she) holds the copyright on them, regardless of registration.

I think technically (and I am very sorry for saying so, Laura *hug*) Laura copied her design, even without the pearl drop, and as such, infringed on Legba’s inherit copyright. Laura obviously did not think it was wrong to do so and made this mistake in error.

The problem comes with the 2nd issue — the maille community. Over the past 2+ years since Legba posted the original weave, others have made the weave, posted their variations, & Legba herself has posted her designs. Due to the sharing nature of the site, it is quite possible for someone to mistake a jewelry design for something that they can freely make a copy of. In the recent past, from what I’ve looked through, Legba has even posted that such and such design are copyrighted. (Sadly, she turns around and deletes these comments at times.)

Probably the best route for Legba to have taken was to post something initially, saying, “hey I got some of my work published and as such I am going to need to start enforcing copyright on these pieces, just FYI. Here they all are! Cheers!” This would have alleviated much, if not ALL of this mess. There would be no hiding behind shadowy publishing companies and mystery on what is protected and why and “OMGWTFBBQ, can I not make stepping stones at all now? PANIC!?!” etc. Mass hysteria would have never been.

THAT BEING SAID! HOWEVER!

IN MY CASE, however, I believe that Legba copyrighted her design without checking to see if anyone else had actually made something similar, as I had. A simple enough mistake, sadly compounded by her present actions. I tried to point out the fact that my item(s) predate hers, and she sent me the cease and desist, fine. I am through discussing and reject her claims to the otherwise. The ball is in her court if she wishes to persue legal action.

Legally, I don’t think Legba has done anything wrong except in my case.

and now comes the second HOWEVER!

WOULD THESE COPYRIGHTS STAND UP??

Whether or not ALL of those copyrights would/will actually stand up in court is another question ENTIRELY. I think the ones with a lot of detail such as Athena’s Tears and the piece with the X and the pearl drop (again, sorry Laura!) would stand the best chance of that.

The others, including the pendant which she claims I infringe on, is a toss up. Not a lot of, as someone had stated, “artistic STUFF” going on there. This is the discussion that could have continued when these pieces were originally posted, if Legba had been willing to participate in them.

-amy

I just want that little piece “on the record” of my blog, as it were.

Finally, Legba/Sara contacted me again today, and I submit our following interaction.

I admit.. I was bitchy.

(I think I had a tiny right to be after all this, but there you go. Bitchy.)

subject: can we reach an understanding?

Your blogpost is very interesting but shows a lack of copyright understanding. You have actually used my photo from MAIL on it without my permission despite MAIL’s very clear copyright statement, this is another infringement, please link but don’t post my photo on your blog.

I see you have chosen to credit me with the weave design on Etsy, thank you, that was all I asked for in the end so maybe you can now stop pot stirring and post on MAIL that we seem to have reached an understanding (have we?).

If I choose to issue a take down notice against you on Etsy or Flickr, it would then be your job to prove my copyright wrong not my job to prove it is right. However I have no intention of issuing take down notices unless you continue to stir things up. So please let’s get past this and carry on with our jewellery work as ‘comrades’ rather than enemies, it is not healthy for either of us. I am happy with the credit you have given me and I hope you will be happy knowing that I am sorry for causing you stress over this issue.

I would appreciate some kind of acknowledgement to this email even if it’s to tell me to get lost.

She was correct. I removed the offending image.

My reply:

I acknowledge receipt of your email. To sum up: I intend to continue selling my items on Etsy, my own website, http://rainestudios.net, and on any other site as I see fit until a court orders me otherwise. I have no issue with stating, “based on Stepping Stones weave, created by Corvus Chainmaille.” — this verbage is, and has always been, in my page of instructions in the kits I sell (along with a direct link to the Maille Artisans site tutorial) as a courtesy.

I still reject any claim that my pendant/earrings infringe upon any copyright you have registered, any my inclusion of the “based on” language is not intended as any admission or acknowledgment of any infringement or as a settlement of any claim you have or may have later.

See? Bitchy. Lawyerish bitchiness – but again, I think I had a right to be on the defensive. Plus, I was DONE. I had done my research, wrote a blog post about it, drew my line in the sand and in my mind, it was up to her as to how she wanted to react. She could do what she liked, whether it be issue take downs, or talk to her lawyer, or take a nap, and it didn’t need to concern me anymore until I got a notice from Etsy, or papers delivered to me by a sheriff, because I WAS DONE.

Amy
I did state that the credit for the weave was all I wanted (not at first but later) in an effort to resolve this issue. That is what I’m trying to do, resolve this issue. If you are happy to give credit (not admit infringement) then I am happy.
Am I to understand that that we do indeed have an agreement? That being, that we both made this design independently. Am I to assume that you accept my apology? If so can you please post on MAIL and your blog that we have reached an understanding?
If the answer is ‘no’ to any of these then I will have to speak to my legal counsel again. This is not a threat of any action but you must realise that you have been discussing the issue between us publicly and that could put you in a poorer position.
Please respond.
Sara

She did state earlier that she wanted credit for her design.

At that time, I took that to mean that she wanted credit for her PENDANT design, and to be fair, she could very well have meant the weave in general. That’s fine. I had previously stated on all my pieces, “based on the Stepping Stones weave” and had added “by Corvus Chainmaille” when I re-activated them on Etsy – I have absolutely no problem with that at all.

I was still very much done and seeing red with the entire situation however, and did not see any reason for her to be emailing me, especially if she had the credit she wanted. So read my continued bitchiness below:

For some reason, you believe our mutual agreement will end this issue on the Maille site.

Whether or not we come to any agreement doesn’t mean everyone will say, “oh good, no worries everyone, it’s all OK now!” This is an issue that affects everyone in the maille community and it will continue to be discussed whether you do or do not participate, or if I accept your apology or not (which by the way, I’m not sure I actually ever heard? “Accept my apology, or I’ll tell Etsy/Flickr/my lawyer on you” doesn’t exactly sound like an apology to me.)

I have stated my intentions, and if you can live with them, that is up to you. No further agreement or non agreement is necessary, just your acceptance or non acceptance and your chosen actions thereafter. I will continue to post on the Maille site and my own personal website the details of my experiences and interactions as I see fit.

But since you seem to require it, we do seem to have an understanding. As for the rest, I don’t really care about your apology. Thanks anyway, feel free to tell your lawyer that we didn’t kiss & make up, or hug it out in the end.

Her reply:

Your attitude stinks, you are ignoring my apology which is quite clearly there below “I hope you will be happy knowing that I am sorry for causing you stress over this issue.” there were no buts or ifs after it.

She is dead right about my attitude stinking. It did. I still had a very large chip on my shoulder and was intent on driving my point home until there was a 10 foot hole in the ground. Ah well. She wanted a happy ending, and I was intent on drawing it out.

Oh high road, I bet it’s nice up there! I sure wish I had taken you!

So it is all over – I need to check over all my listings to make sure I have everything proper, but I have no issue with doing so.

I want to make a few things clear though. While I flew off on the defensive when accused of copyright infringement, I STRONGLY believe that designers should have the right of ownership over their designs.

I STRONGLY beleive that Legba SHOULD HAVE AND DOES HAVE THE RIGHT TO COPYRIGHT HER DESIGNS. Absolutely and forever and ever amen. If my previous post detailing this experience has muddled that up at all, I want to make it clear. Designers deserve rights to their property. That is why copyright exists.

Should a copyright exist on a weave? I don’t think it should, no, but far more experienced chainmaillers than I can weigh in on that one.

I think it was said PERFECTLY by CShake on the thread I mentioned above,

If anyone posts a weave to the weave library, it is explicitly there for others to make themselves, including variations. If the submitter wants to keep control over who is “allowed” to use their weave, it should not be in the library – the gallery is the place for that if anywhere, and with a note to that effect. Be aware that someone else may make the weave independently if you don’t post yours (there are only so many ways to connect a bunch of rings), and if there is no entry they can submit it, at which point anyone can make it without fear of being stopped.

But people, if you took significant inspiration from someone else’s piece when you made your variation – Say so! Say “inspired by so-and-so”! If you are so inspired that you want to make the same thing they did with no variations – ASK THEM! The majority of people here will be flattered and say “go ahead”, but then again you may run into someone who says “No, it’s mine, make your own” in which case that’s what you should do.

Very well said. In asking him if I could quote him, he did give me this addendum:

Sure, quote me, I expect that when I post in public

However, the official FAQ here states “All submissions to M.A.I.L. remain the copyrighted property of the original submitters. They just grant us the right to publish their property on our website. If you want to use their work, you need to contact them directly and ask their permission.”, so my part about explicitly granting the right to make the weave may not technically be correct. It’s just how I and many of the board of directors feel. I don’t want to be quoted as stating the official policy, just my opinion on the matter is all.

Well fuck! Oh copyright, how your tenants shall elude us all!

So anyway.

How could all of this been avoided?

I don’t know. I really don’t.

Looking back at the entire incident and putting myself in Sara’s shoes, I really don’t know how I would go about informing someone they are infringing on my copyright. Whether I came up with it independently or not, she was doing her duty, and when you have to do that kind of duty you instantly put that person you are dutying in Super! Uber! DEFEND! mode, at least I certainly was put in that mode.

And honestly, I have not designed anything nearly as extraordinary as Sara has. Have you looked through all those flickr links I posted? Amazing. My modest little pendant is nothing special compared to her talent and I’m sure a ton of people would/will/have/whatever come up with that thing on their own. I wish her the best and hope she will continue her generosity with the mailling community.

I hope that someday I will be as innovative and as STUNNING of a designer as her so I will have to issue my own copyright infringements.

EEP, I hope not!

-amy

Specifically, these pieces:

I sell these finished jewelry pieces, and I also sell supply kits, complete with the necessary jump rings, findings, and a page of tips for construction. I was asked repeatedly by other chainmaillers for a kit until I finally did (seriously, if it weren’t for Jessica in Ontario, there would be no kits!!) I also freely give the ring sizes I used to others when they ask – no kit purchase required. I do not however, sell a tutorial, instead, I point to the Maille Artisans site, as I firmly believe that there are plenty of free chainmaille resources on the internet and why re-invent the wheel? (Also – I suck at tutorials.)

The accuser claimed that it is an infringement of her pendant on Etsy (I am not going to put her image here, you’ll have to click to see. Please do click through though, because this post will make much more sense if you see what I’m talking about).

INSERTED 9/1/2010 to add~~~~~~

I have been accused of being “one sided” which, I think is a stretch, but here is the conversations from Etsy, preceding our email interactions below.

Etsy time stamp: 26 August 2010 9:42am EDT
I’m sorry to have to contact you about this but this design is copyrighted. I invented the Stepping Stones weave and copyrighted 8 specific designs using it. This pendant and these earrings:

http://www.etsy.com/listing/36361488/shenandoah-earrings-sterling-silver

are one of those designs.
UKCS Registration Services © 323379
Please could you either remove these from your shop and anywhere else they might be or change the design slightly (e.g. if you replaced the bottom ring with one the same size as the top it would not be one of the copyrighted designs).
I would rather not get Etsy’s legal department involved as this would be stress for both of us so please take this as a friendly ask.
Yours sincerely
XXX

Etsy time stamp: 26 August 2010 10:16am EDT
Thanks for contacting me Sara. Could you please send me a copy of the copyright and the other 8 designs? I would like to see for myself please.

Etsy time stamp: 26 August 2010 10:35am EDT
OK I am not required by law to do this but here are photos of the certificate
[snipped]
with their address
[snipped]

and the 8 designs are
[snipped]
although this is copyrighted I allow people to use it

[snipped]
the one in question here and I have been assured by legal counsel that hanging the other way does not change the design enough.

[snipped]
[snipped]
[snipped]
[snipped]
[snipped]
[snipped]

XXXX

THe next 3 messages were the fact that pictures didn’t come through asking for my email, I gave it, and then she said, “On the way”

Thanks, I will look for them. The pendant and earrings are deactivated, and also the kits I sell in my supplies shop. I’m confused as to why the bracelet is OK? I just would like to read what the copyright is so as to better inform myself.

Thanks again!

26 August 2010 10:51am EDT

~~~~~~~ END INSERT.

I was at first aghast, but then grew a bit suspicious. You see, I learned the Stepping Stones weave right on the Maille Artisans site.

For the non-maillers out there, the The Maille Artisans site is a fantastic resource for anyone interested in chainmaille, and is self touted as “an international community of artisans and volunteers dedicated to the advancement of the chainmaille art form. We aim to encourage the sharing and spreading of information, archiving as many techniques and weaves as possible.”

A weave is a pattern of rings linked together in a certain way. The weave can be used alone, or it can be tweaked with different ring sizes or embellished as the weaver sees fit. Chainmaille weaves can be used for jewelry, armor, clothing, accessories – the list is endless. The Maille Artisans site hosts a weave gallery, free tutorials, member galleries of photos, and forums for chainmaillers.

I have seen the Stepping Stones weave used countless times on the site and off with no mention of any copyright or wrong doing, so when I made up my own Stepping Stones pieces, I had no thought of copyright violation. In fact, I prided myself in creating a piece that actually differs significantly in look.

Here is a picture of the Stepping Stones weave as is posted on the maille artisans site:

[Click to see the Weave Photo - removed due to copyright issues]

Here is a picture of my bracelet, based on the same weave. I do credit the weave itself in my product description (“based on the Stepping Stones weave”):

(linked to my blog post from my very first attempt at this weave. Later renditions show small changes from this one, mostly in the fact that the small rings meandering in between the large rings connect in TWO places instead of ONE, as is shown in this photo.)

You can see that the ring sizes I chose makes for a very different look to the bracelet, which I why I choose to name my piece “Shenandoah” – it has the look of a winding river. After I made the bracelet, I completed the earrings and pendant as well.

It is also worth noting, that my accuser had NOT tried to enforce her copyright against my bracelet — ONLY the pendant/earrings. This is NOT because she did not hold a registered copyright on them, but because she chose not to.

Back to the subject at hand, you can understand my suspicion when a weave tutorial is posted on the Maille Artisans site, freely available to all, and then the creator of this weave, all of a sudden begins enforcing her copyright. [9/1/2010 INSERTED] I am not claiming that it is not within her rights to enforce her copyrights, it just seemed fishy to me and it roused my suspicions enough to investigate rather than rolling over.[/END INSERT]

I asked the accuser to see the copyrights, and while I was waiting, temporarily took my Etsy listings down. She acquiesced, and sent them to me. She sent me the copy of the certificate along with photographs of 8 designs, including the Stepping Stone weave in general. Again, as I mentioned before, she stated that she is not enforcing the copyright for the generic Stepping Stones weave.

The UK copyright certificate was dated August 12, 2010, which she explained this way:

… The registration date is 12th August this year but intellectual property copyright is legal from the first recorded instance of the design which can be found on my Flickr account.

The [pendant] in question [is] here and I have been assured by legal counsel that hanging the other way does not change the design enough.

She included photos of the 8 registered designs, which did include the general Stepping Stones weave. (If one is curious as to which designs she has registered, they can look in her flickr stream as she has indicated the copyright on all the photos in question, as of this blog posting.)

The registration date was an instant red flag. The registration had just been done in the past 30 days. The weave has existed on the Maille Artisans site for over two years. What is up with this? She has registered her copyright on a weave that has been circulating on the internet for over two years, and then turns around and tries to enforce it?

Now, now Amy, hold on — while she registered the general Stepping Stones weave itself, she stated in her email that she is NOT enforcing that particular copyright, which she must know is impossible. Not only could it not be enforced without an army after all this time — it’s been made hundreds of times (maybe thousands?) by maillers internationally — but the question of whether the copyright would actually hold is in question. The Stepping Stones weave is based on the Japanese 12-in-2 weave, and has close ties to Hodo as well, what if someone had used different ring sizes as I had — is it really even copyrightable? She chose to sidestep all these questions quite neatly by stating she is not enforcing the copyright on the weave.

Well, very good then.

So what about the design in question? The other designs she included in her email were very specific, they were stunning, in fact, designs using the Stepping Stones weave. Some pieces had a very specific look and use gemstone drops. Surely these are copyrightable? I would venture to say (though I am not a lawyer, nor do I play one on TV) yes, absolutely!

But what if someone else had never seen one of those designs?

What if someone used different sized jump rings?

What if her design is for 14 gauge rings, and someone else’s is 16 gauge?

What if, say, someone else’s pendant used 11 doubled jump rings around the outside instead of 10, as hers does?

What if someone else worked for hours piecing together, taking apart, and then reconstructing, trying one size, and then another, finally deciding on using TWO different sized connecting smaller jump rings — one size connecting to the inner big ring, and then another ring only .25mm smaller than the first to connect the outer jump rings, so that no rings bunched together from the rings being too loose, and so the pendant, when finished would be super stiff and not at all floppy? (Sorry for all the non-maillers that I just totally lost!)

What if that someone (OH, OK, I ADMIT IT, IT’S ME!) shed blood and tears over getting those pesky outer rings THROUGH those super tight connecting rings, causing frustration and profanity and I am not too proud to admit, the hurling across the room of said pendant/earrings?

OK, I’m not sure how much a courtroom judge would care about the throwing across the room part, but my point is — I worked hard at my pendant/earrings, I determined my own sizes, I used my own construction method, and this part is key —

I HAD NEVER SEEN HER PENDANT BEFORE, EVER.

I don’t claim to be a copyright lawyer and so make no claims as to whether these are legitimate legal grounds in a copyright case, but the fact that I independently came up with my earrings and pendant, having never seen HER pendant before seemed pretty compelling to me.

I had initially removed my listings when I received her copyright claims, and so the first order of business seemed to be to investigate further into the dates of each of our pendant/earring designs. Going by what she told me — that the copyright is from the “first recorded instance of the design which can be found on my Flickr account” — I went there to go looking.

Mine weren’t easy. I hadn’t posted my first instance of my earrings/pendant in my jewelry set, but I had uploaded a few crappy iphone photos straight to my photostream. A little careful looking in the archives by date and I had found my first earrings:

http://www.flickr.com/photos/crazymokes/3877310209/in/dateposted/

These are dated September 1, 2009 (taken and posted to flickr on the same day). I can also corroborate these photos with posts made during the same time frame to another chainmaille group.

Then I took a careful look at the pendant in her flickr account. The obvious photo that I saw was dated December 8 2009 (taken December 8 2009, posted to flickr December 9, 2009):

http://www.flickr.com/photos/redcrow/4170865099/sizes/s/in/set-72157611096575542/

This is several months after my own photographic evidence. Still, I had to go hunting in my own archives to find my picture, so I gave her the same benefit of the doubt, looking through each month carefully to see if any sign of this pendant had been missed.

I found nothing.

Many of her other designs were created in 2008, but this one, even with careful picking through the archives of her photostream, did not appear until December 2009.

After all my poking around, I grew more and more convinced that my pendant/earrings actually predated hers, and so I emailed her to that effect:

Thank you for forwarding [the copyright information] to me, I appreciate it, especially as I could not find the designs by the number you referenced in the UK design search.

I believe my pendant/earrings design preceded yours, as mine is dated October 2009, and yours dates December 2009.

http://www.flickr.com/photos/crazymokes/3877310209/in/dateposted/

Did you create this piece previous to December 2009? I see others dated in 2008, but not this specific piece.

Her response to this was a generic link to the Stepping Stone weave:

yes all the pieces were originally made in the same year as the Stepping Stones weave was submitted to MAIL. http://www.mailleartisans.org/weaves/weavedisplay.php?key=803
Dated February 2009

She had not pointed to any proof that her pendant came before mine. Regardless, I really wasn’t sure what to do at this point. I thought about posting my dilemma to the Maille Artisans site, but I am not an active poster on the Maille Artisans site and was afraid of being lampooned as a relative upstart compared to the maillers who have been there for many years (my accuser included).

I thought maybe I could let it go.

I tried to let it go all weekend, but it festered and would not stop. She hadn’t answered my question. My pendant had been created first. Hadn’t it? Wouldn’t my copyright predate hers?

Finally, I decided I couldn’t let it go. Even if she had created her pendant before mine, I had created my earrings/pendant independently, with no reference to hers (which is easy to prove, since I couldn’t find any record of her pendant before December 2009).

I went looking on the Maille Artisans site also, where she has shown a history of posting her designs in the forum.

I think she may have initially posted this pendant in this thread:

http://www.mailleartisans.org/board/viewtopic.php?t=14641

But then afterward deleted the photo and her comments due to others wondering about the legality of using “Twilight inspired” in connection with her jewelry. This thread date matches the date of the pendant appearing in her flickr stream, as early December 2009.

This strengthened my resolve, and I emailed her one last time:

XXXX, I don’t see any photos of that specific piece made before December 2009. I’ve looked through your flickr stream carefully and the Maille site. If I am missing it, please point it out directly to me. If not, then my pendant predates it and you are violating my copyright.

I will be reposting my listings on Etsy.

I immediately reposted my listings on Etsy — both for my finished jewelry, and also for my supply kits — Again, please note, that I do not profit from selling tutorials of chainmaille weaves that are largely available for FREE all over the internet. I feel quite strongly about this. I instead point customers to these resources, rather than charging for my own tutorial. (I would love to take credit for this noble act to forward the art of chainmaille — (which I do faithfully believe), but the fact is I’m just too lazy to even make a free tutorial. There are gorgeously done tutorials out there if one would care to google cough cgmaille.com ahem.)

After my email was sent, she responded in kind:

Just because I don’t have a photo on Flickr of that date does not mean that it wasn’t made before yours. If you relist on Etsy I will be forced to issue a take down notice and inform my legal council.

I did not respond.

She soon emailed me a cease and desist form letter, giving me 30 days to act, or face dire consequences. I did note that she quoted U.S. law, whereas before, she was acting on a UK copyright registration.

[INSERTED 9/1/2010:

Here is the exact email she sent me:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled Stepping Stones pendant (the “Work”) in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in December of 2008, and have registered copyright therein. Your work entitled “Shenandoah pendant” is essentially identical to the Work and you have, by your own admission, used the Work as its basis.

As you neither asked for nor received permission to use the Work as the basis for “Shenandoah pendant” nor to make or distribute copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein. Violation of copyright law is also considered a federal crime when done willfully with an intent to profit as set forth in 17 U.S.C. Section 506(a)(1)(A) and 17 U.S.C. Section 506(c) therein. Criminal penalties include up to 10 years imprisonment and fines of up to $2,500 under 18 U.S.C. 2319.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of same, that you deliver to me, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by September 20th, 2010 indicating that you have fully complied with these requirements, I shall take further action against you.
XXXX

I did not respond.

She followed up with this final email:

Just to prove my point I have uploaded the originally made pendant to my Flickr as you know the date of when the photo was taken cannot be changed (it’s a rubbish photo which is why I didn’t use it before), it is dated Feb 2009, predating yours and this is when the copyright came into being. The date of the registration of the copyright has no bearing on this.

I was instructed by my legal council to send the last email but I do not expect you to abide by all the demands set out in it. However if you are going to continue to post/sell the design and sell kits credit should be given to me for the original design. If you fail to do this I will take further action.

Here is the uploaded photo that she is referring to.
http://www.flickr.com/photos/redcrow/4944800152/in/photostream/

I do not accept this as any sort of proof, as EXIF data is easily changed through a myriad of downloadable freeware. Regardless, seeing as how she had to upload it to prove herself, it wasn’t on the internet anywhere September 2009, when I created my pendant.

The entire episode is interesting, especially in light of the 5 pointed maille flowers copyright fiasco — which I will not comment on.. Oh, how I wish to comment on, but I will refrain.

As for me — I won’t be responding to my accuser via email any further. Aside from this blog post (which I admit is a response of some kind) if she would like to prove her claims of infringement, she is welcome to do so in court.

-Amy

So no, seriously, they do enjoy books and have always enjoyed books. Jocelyn has taken to reading in a scary way this past kindergarten year, and many the time James and I have looked at each other with eyes wide and said, “Did she really just read ‘Transcendentalism?’” I know you’re not supposed to compare your children, but dude! She is *way* better at reading at this age than Ethan was at this age!

Reading has been a little trickier for Ethan, mostly because he prefers to look at the first letter of a word and then take a while guess if he doesn’t know it, rather than, you know, that pesky sounding it out and all. This however, hasn’t dampened his love of reading at all, and this past 2nd grade year when the “Diary of a Wimpy Kid” movie came out and the craze swept the elementary school, he read through all three books within, and I swear I’m not making this up, 15 minutes.* There just may have been a few words in there that he took wild stabs at, and when asked, he has no idea of the names of the characters — this is due, I’m sure, to just not having heard them said out loud.** Don’t worry. He can tell you word for word the fart joke told by said character.

*OK, I made that up.
** This coming from a person who pronounced, in her head, the word ‘gigantic’ as “guy-gan-tick” all the way up into jr high because she had only seen it spelled. Not judging here!

I have actually totally longed for this. I have always had a great love of books, and growing up, always had a book in my hand or in my backpack waiting to be in my hand. I devoured children’s literature and then young adult literature and never really outgrew any of it. I still have many of my books from my teenage years on my shelves, and steadfastly refuse to get rid of them — especially not NOW, not when we’re RIGHT ON THE CUSP of our own children being able to READ them!!

A lot of my favorite books are geared a tad more for girls than boys, Noel Streatfield with her “Shoe” books (Ballet Shoes, Dancing Shoes, Skating Shoes are my top 3), Frances Hodgeson Burnett with “The Little Princess” and “The Secret Garden” and of course the complete works of Lucy Maud Montgomery, of “Anne of Green Gables” fame. Jocelyn, while a great kindergarten reader, is still a few years away from these.

But there are plenty children’s books that would be perfect for Ethan, and for years James and I would say, “Is he old enough for X?” “No, probably not quite yet.” And so we’ve stuck with the Junie B and Magic School Bus, and Nate the Great. Oh and Star Wars, let’s not forget the 1,472 Star Wars EZ readers that grace our shelves.

Until we introduced Harry Potter.

We drove out to Utah in June, a decision that must have been made in delirium for all the sense it made. My brother and his family were going out, and when 1 member of a 6 sibling family decides to go visit (that’s right! I am the 2nd youngest of 6 children!), a mob mentality often kicks in and other siblings will try to make it as well. We didn’t really have the time to go for very long, which makes this decision to DRIVE TO UTAH even MORE daft, but there you have it. We drove to Utah, spent 4 days, and then drove back. That was 6 days of driving, for 4 days in Utah. Like I said. A decision made in delirium.

Another decision I made, which actually turned out OK, was to forego the portable DVD player. It always has cords everywhere and switching DVDs is a pain and Jocelyn always gets bored of it after 10 minutes anyway. We didn’t forego movies all together, we just skipped the VISUAL of movies. I played movies from my ipod over the car’s audio instead. They have all the movies pretty much memorized anyway, so it worked out fine. I think I did hand over my phone once or twice to let someone who was particularly irritable watch a movie to “just watch this and quit asking Mommy where the hotel is already!”

It was when we were about a day away from Utah that we decided to put in the audio version of Harry Potter and the Sorceror’s Stone. At first, we had no cooperation from the pipsquirts in the back seat.

“Mom, there’s a MOVIE of this.” Ethan informed me.
“Yeah, so?” I replied.
“Don’t you know, it’s better to WATCH something than to have to READ. You can see it better in a MOVIE.”

Oh, words have never cut me to the heart quicker! Luckily, I think he’s since seen the error of his ways.

“Have you seen the movie?” I asked gingerly.
“Parts of it. At daycare.” he replied.

I’ve shielded him from my favorites all this time only for him to catch parts of it at daycare? Oh, my tattered heart! Next someone will just show Jocelyn the good parts of The Last Unicorn!

We listened to Harry Potter, and the kids slowly grew more enthusiastic and enthralled in the story. We listened as the troll almost got Hermione, and Harry got troll bogies (British for boogers! See, it’s educational!). We learned how to “swish and FLICK!” and of course, “ALOHAMORA!” and witnessed a dragon being hatched in Hagrid’s hut — Ethan and Jocelyn went from bored to tears to on the edge of their seats. We reached the beginning of the climactic ending of the first book late at night in the car, and I stopped the tape and informed everyone we’d listen to the ending the NEXT day, as I didn’t want to worry about Jocelyn waking up at 3am being scared. (The girl has watched The Nightmare before Christmas over 100 times, but you never know how she might react to something scary for the first time.)

There was MUCH protesting and whining and promises to not be scared, promise! Which was a far cry from when we had started the book! We finished it the next day, re-listened to bits and pieces whenever we were in the car through our days in Utah, and then went through book 2 on the way home.

That was in June. Since we got home, Ethan has commandeered the CDs to book 2 (we only have book 1 on tape) and has been playing them NONSTOP. The second we get in the car and before I even have my seatbelt fastened, it’s, “Mom, can you turn on Harry Potter?” I will pause it to ask how something went and it’s, “Mom, can you turn on Harry Potter?” We get home and second Ethan’s set down his bag he’s turned on Harry Potter. At night after reading time, he goes to sleep listening to Harry Potter. And in the morning? How I know he’s awake? He’s downstairs playing legos and … you guessed it. Listening to Harry Potter.

I think since June, we listened to book 2 approximately 1 meeeeellion times. You know. Approximately.

Now, let me make sure this is clear. I love Harry Potter. I’ve purchased the books the minute they were released and read them in 24 hours. I’ve seen every Harry Potter movie. James and I even attended a midnight party for the release of book seven. I even listened to a Harry Potter podcast for a while! Sh*t, JAMES AND I listen to Harry Potter when WE fall asleep and have for YEARS!

All this and I never thought I would ever say these words….

I am totally SICK of Harry Potter!

Ethan has even started to read through book one each night during our “reading time” — OK in my book, even though he’s heard it on tape already. We own the movie to the Sorceror’s Stone, which has been on repeat as well, mostly on the weekends.

Finally, in response to book 2 brain overload (it’s been playing every day since JUNE!) I ordered books 3 and 4 on CD so we can listen to them as well, and got Netflix to deliver the book 2 movie. Maybe now we can finish up our Harry Potter summer without Mommy and Daddy going batsh*t crazy

I only hope that this is only the beginning, and someday Ethan and Jocelyn will be just as nutty over some of my other favorite books as well.