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Make The Cut Settles Cricut Software Lawsuit With Provo Craft

Documents filed in US District court on Wednesday 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 Cricut-related 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.

[Editor's Note: Comments have been closed on this topic because too many were violating our comment policy and the conversation had become too heated.]


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188 Responses to Make The Cut Settles Cricut Software Lawsuit With Provo Craft

  1. CindyC March 19, 2011 at 12:11 am #

    I want to give a shout out to Craftwell who listened when we, their clientele, begged for them to allow MTC and SCAL to be used with the eCraft. It made all the difference in the use of their machine and I have no doubt in current and future sales. Just one example of how things could have been different.
    Creatively…

  2. Love To Design March 20, 2011 at 12:32 am #

    This is a disappointing decision. PC is way behind the curve (remember Borders, BlockBuster etc. – innovate or lose market share). I have cartridges but really only got into cutting when I could design and cut my own SVG files. I will keep my SCAL software and continue to use it until my Cricut dies. At that point I will buy a cutter from a manufacturer who has software that supports SVG files. I have no objection to buying files when I need them but I need the freedom to create my own designs.

    PC’s business model is unsustainable. Their goal was never to allow individuals to truly create their own designs because that would undercut their high priced cartridge sales. The cartridges are pretty pointless because the designs are often very basic and not worth purchasing most of the time. If they had focused on quality design software for Windows and Mac as well as online sale of individual cutting files they would still be relevant. I have all the blades and cutting mats I need and will not be enriching PC any further.

    • UC March 28, 2011 at 4:11 pm #

      AMEN!!!!! Was extremely disappointed in hearing about MTC and SCAL litigations/results.

      I totally agree with your assessment, and will be buying something else when the bug dies.

  3. Carneb March 20, 2011 at 9:11 pm #

    I wanted a Cricut specifically for using with SCAL and creating my own designs. I am extremely disappointed that this may no longer be possible. Unfortunately, I just received a Cricut this Christmas 2010. I’ve had nothing but problems with it, probably because I’m trying to use it with SCAL? I would love to see someone come up with a Plotter that can use other software. It would be easier to make than a Cricut, because there’s no need for a keyboard. I wonder if people realize how basic a Plotter really is. I know that once someone provided some competition for Provo Craft, they would probably be a little easier to work with. Surely there’s someone out there who has the ability to do this. Cricuts are so expensive, and the cartridges are ridiculously priced. I would never buy one because frankly, they’re extremely simplistic, and not at all my style. The love of money=greed=PC

  4. Carneb March 20, 2011 at 9:42 pm #

    Has anyone considered a class action lawsuit by Cricut owners against Provo Craft for infringing on the rights of the owners of the machines in a dictatorial fashion?

    • Sherry Johnson April 6, 2011 at 8:15 am #

      Count me in. I am a cake designer and waited for months for the Cricut Cake to come out. I paid $425.00 for my Cricut Cake and an additonal $30.00 to $65.00 for cartridges for the Cricut. I then found MTC and ordered the software at a cost of $79.00. MTC has enabled me to be more creative with my cake designs and is a wonderful product. I don’t do scrapbooking and my Cricut is used solely for cutting gumpaste for my cake designs. Without this ability I will be losing not only the money I am out for the cost of the Cricut and MTC software, but future cake orders as well. Until seeing this post I was unaware that there was any type litigation between PC and MTC. I certainly would not have purchased the Cricut and waisted my money.

  5. Pat March 21, 2011 at 2:14 pm #

    I have decided that my Bank of America accounts & credit cards are being closed since they are company behind Provo Craft.

  6. Vee March 25, 2011 at 4:41 pm #

    I just received a Cricut Expression for my birthday this week. I was looking forward to purchasing SCAL to use with it. Is there no point in purchasing SCAL software now? Guess I should have done more research??

  7. Kev R March 25, 2011 at 7:47 pm #

    I own a Cricut and I also sell MTC software. I recently got approved to sell Provo Craft products as well. When I went to buy the required $1000. first purchased the prices were over retail. I also own over 40 cartridges. I sell vinyl for the Cricut too. I think I have supported Cricut by advertising for them and using their products. I think they have gone overboard with this suit. We have rights too. If you will read the fine print on PC’s site, it is against the law to sell anything, yes anything you cut with their machine or anything from their cartridges. So for all the people that make crafts and sell them, you are breaking the law and could be sued by PC as well. Now, how does that make you feel. If you buy their machines they probably can track everything you do personally in your own home. Whats next PC?? I will not sell anything for them and I will not be buying anything else from them. I plan to start selling a plotter that is priced cheaper than the Cricut and is compatible with MTC. I hope they learn that have chopped off the hand that feeds them. I give them 6 months before they file bankruptcy. I will join the boycott….!!!

  8. Alicia Hambrick March 28, 2011 at 1:54 am #

    I agree that PC could have been more accommodating with MTC and SCAL. But selling your machines will not send a message to PC and probably not affect their overall profits because you will just be exchanging owners who will still purchase their products. For those of you who are considering other cutters don’t destroy your machines that you have invested in because you are angry. Go ahead and buy another brand. But boycott PC by putting their machines in storage to get them out of circulation. That way you will decrease the number of machines out there and be one less customer purchasing PC products thus decreasing their profit. Keep your PCs for emergencies or in case PC does decide to come around to customer requests.

  9. Shari Y March 28, 2011 at 1:58 am #

    Everyone has a right to purchase or not from whatever company. I am surprised that PC did not do this to MTC and SCAL a long time ago. It is a copyright issue and they have every right to protect their investment. I agree that PC should work on updating Design Studio and the new Web program that is available for all Cricut owners is scheduled to come out in April or May. I also agree that PC should have a solution for those of us who want to create our own SVG files.

    I have purchased both MTC and SCAL and love them and will use them until PC changes their code so that I can’t. I believe that as long as you don’t update your existing Cricut machine, new code written by PC won’t be loaded to your existing machine. Therefore, your MTC and/or SCAL should continue to work until you update your machine.

  10. Mayra Figueras March 31, 2011 at 11:49 am #

    I am very behind the game here having just found out about the PC’s lawsuit. Seriously, when I got my Cricut it took me a year before I even broke it out of the box…I’ve only been able to purchase a few cartridges because even on on sale they are extremely expensive and I’m on a tight budget. SCAL has opened a whole new world and I was planning on buying the Cricut Expression. THAT plan has changed. I will no longer support PC in anyway. I’ll look into what other machines are available and by one of those.

    PC might do well to look at companies like video game companies like Nintendo who allow other companies to make games compatible with their game system. Everyone wins in such a situation.

    I’m done…they lost me as a customer. I will be boycotting Provocraft as well. Sorry guys, I’ll take my money to someone who supports NOT limits their customer’s creativity.

  11. Taking my Cricut back. April 4, 2011 at 5:00 pm #

    @Kev R – “If you will read the fine print on PC’s site, it is against the law to sell anything, yes anything you cut with their machine or anything from their cartridges.”

    Response:They can put it in fine print all they want, but they are incorrect in assuming ANY control over how the machine is used once they sell it. The (federal) law(s) is(are) actually on the users’ side, but most people get scared when they get a cease and desist letter from big corporate lawyers. If you have any questions about where the law lies, see the site Tabberone.com: “Third, while Cricut may have a license to manufacture templates from trademarked images, again, without a signed contract, the use of these cut files falls under the “first sale doctrine.” The first sale doctrine limits the authority of the rights owner to control the use and further distribution of the lawfully acquired product. And there is an implied license to use that accompanies the purchase of the machine. Image the Ford Motor Company telling you that you could not custom paint your Mustang nor could you drive it on Saturdays…”

    Think about it, can the people who sell us ovens tell us that we cannot selll anything we bake in our ovens. Apply this principle for any of your other household appliances…and the real law becomes very apparent. Just like a large printer company, that asserted that buying replacement ink not by their company would void the warranty and also sued ink cartridge replacement companies for selling replacement ink, lost the lawsuit and probably their market domination. (Find much replacement printer online? Does your printer “DEMAND” or “recommend” their branded paper/ink?)

    Myself, I just bought MTC software and was going to use my Cricut to make (my own custom artwork-based) memorial T-shirts for my teenage son who died last month, but instead I will happily sell my cricut, abandon plans to buy a cricut cake, and move on to a different cutter. PC doesn’t want my business, OK I am fine with that. I am also telling my entire community why they cannot get memorial T-shirts, with the hopes that they tell all their frineds and so on…

  12. Sandra Grant April 5, 2011 at 4:16 pm #

    Wow…. I have only just learned about the lawsuits and I for one support PC. I don’t agree with hacking anyone else’s products. PC created a product for a specific type of use, and I don’t think anyone else has the right to change that. SCAL and MTC have done exactly that and it’s illegal. Plain and simple. I think that everyone is more upset that they lost a machine that was cheaper to buy than the machines that are designed to use those programs. I bought my Cricut for exactly what it does… cut’s images using design cartridges. Plain and simple. That is what is was designed for and how it was made. PC has every right to protect their product and make money on that product in the manner in which it was designed, patented and copyrighted for. Go PC!!!! And as far as BofA’s interest in the company they are only financially involved, they own more than half of PC’s stock. So it is not BofA “running” PC, but they are financially behind protecting their investment, hence the lawsuit. Good of them to protect a company they back financially! If you owned interest in PC and they were losing money because someone hacked their product wouldn’t you want a lawsuit to protect your financial interest? I sure would! Go PC!!

  13. LovetoScrap April 5, 2011 at 7:40 pm #

    Sandra, MTC just created a program that did what PC “Design Studio” couldn’t!!!!!
    I cannot tell you awful their program is…especially for what they charge. On top of that when I purchased THEIR software, there were NO instructions, booklets, webinar… NOTHING!!! I ended up having to purchase a downloadable book from a ‘Third party person’ that also capitalized on providing something PC Didn’t!!! I know exactly how easy changes can be made to software, I also know how crippled their software is. DS was a worthless program for the $100 I spent on it. And yes, PC needs to make money on their cartridges, but they List them for a Hefty retail price, then most of us need to wait for a sale to get them at a resonable price. I own 40 carts.. that is plenty of PC support, but I LOVED how easy MTC was, and the HUGE differnce it made that I could cut any font and weld them together in seconds. My friends FLOCK to my computer and cutter to do what their Cricut can’t!!! plain and simple. GO MTC!!! You guys should be the model for how a company runs. You listen to your audience, you deliver what they ask. Continually offer support, webinars, training. And free upgrades to the program… You don’t get that from Microsoft… and don’t get me started with that company, I even use to work for them!!!

  14. Karen L April 8, 2011 at 3:31 am #

    I would like to thank PC as a seller of Black cat Lynx and Cougars and a big fan of the Gazelle who both worked with MTC to allow these machines to use it. That is called good business.
    Thank you PC for helping to sell out every Black Cat Cougar and Lynx and the Gazelle in the USA. Gazelle are waiting on orders Black Cat have had to re-order 4 times so far. This is also happening in the UK, Canada and even Australia is getting the hint. When you consider a Cricut costs $850.00 in Australia and people are now realising they can have the number 1 cutter on the comparison list that works with MTC and SCAL for less. They are going to buy that cutter so I also want to thank you for the free advertising.
    You have done such a great job for us and I would really like to thank you. Oddly most of our new customers owned Cricut. They were really upset but they are now happy too.
    So well done!

  15. Jody April 8, 2011 at 5:05 am #

    After having read Provo Craft’s official statement regarding this mess, all they did was validate that my decision to join the boycott was absolutely right! In that statement they say they “invented” cutters, I beg to differ, they did not!! There were professional cutters/plotters long before cricuts came along. And the expression was designed by the Pazzles company, This is not the definition of “inventing” a product! I received my expression for this past Christmas & I was so excited when I got it. My first thought was to hit google for apps that would work with it. I got MTC right away. I’ve been doing digital design for a long time & I was so excited that I now had a way to bring my digital designs to paper. And I am still happy I can do this & will continue to use my cricut until I can afford to replace it with a better cutter. I have never brought any other cart nor have I ever had any intention to do so, I only have the 2 carts that came it. I will never purchase any provo craft product again! I greatly encourage everyone, regardless of who they support in this mess, to go and do some in depth reading at Tabberone.com. Find out for yourselves how the laws regarding these issues really read!

  16. Joanne Diochon April 8, 2011 at 8:37 am #

    At first I was angry with PC for taking away the ability of their cricut customers to use those 2 excellent third party software programs with the cricut.
    Now, a little while later I’m taking a different view of this.
    By doing this, now, PC has effectively woken me up and made me rething the whole die cutter area of crafting. Up till nowI I had some dissatisfaction with my cricut…the oft mention, not true, circles it cut, for one, the really exorbitant prices it charged for blades that didn’t last very long and for the cutting mats,the booklets with pictures so small I often couldn’t really tell what I was cutting, etc. but I paid a fair piece of change for it and I wasn’t about to junk it. I used my 3rd party software a lot but on occassion, when cricut had a cartridge that had themes I though would be useful I’d buy one.

    Now all of that has changed, because of this legal action that PC started I’ve become a lot more informed. I know about a whole bunch of better cutters out there. I found out about ways to save money by re-sticking my old mats, I found out about a different brand of blade from another company that will work with the cricut, I’ve read a whole lot of info about all the negatives of the gypsy, DS, and the problems with the new Imagine. Maybe I would have learned this all eventually but the hype surrounding the lawsuit educated me a whole lot quicker. Now a new, better, more powerful cutter that is happy to be used with other design programs, is right at the top of my crafting wishlist. It will take me a few months of saving, but I will get there (well once my machine of choice is back in stock, it seems they have been fltying out the doors).
    I think PC has lost sight of what their business is about: finding a need and filling it .
    When this chapter of crafting history is over I think PC will find that they have spent so much time trying to protect their old technology and business model for making profit that they have been left in the dust.
    PC will be the owners of the best protected “horse and buggy” technology out there…problem is, we’ll all be driving motorcars.

  17. Linda Calderone April 8, 2011 at 12:32 pm #

    Thank you PC. I’ve finally opened my eyes, and will fight to the end for SCAL. Sorry lots of us, including myself, didn’t step up sooner to save MTC. PC is committing “Business Suicide”, a quote form another supporter. It says it all. Shame on you PC. You’ve made millions because of both MTC & SCAL. Big mistake on your part.