Top

Tag Archives | Make The Cut

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.]


Want to stay up-to-date on all the latest scrapbook news?

Provo Craft & Make The Cut: The Technology Background

As noted earlier today on Scrapbook Update, Provo Craft has filed a lawsuit against software company Make The Cut over an issue that is somewhat new to the scrapbook industry: digital copyright security protection.

One issue seems to be of particular interest to Provo Craft in the lawsuit. Make The Cut recently provided an update that included a new feature they described as “experimental”: cartridge backup. Although Make The Cut indicates that their software doesn’t create a full reproduction of cartridge date, even partial data copies was apparently enough to warrant major attention from Provo Craft’s lawyers. This may explain why Provo Craft has chosen to take action against Make The Cut while seeming to leave alone Craft Edge, the maker of Sure Cuts A Lot software which also allows cutting from a computer with Cricut machines. The Sure Cuts A Lot software doesn’t access Cricut Design Studio or allow the use/copying of cartridge images.

Creating backups via cracked security protection has long been a fought-over issue in the technology world. The issue has been fought about regarding DVD’s, gaming cartridges, and other types of media. Media companies have pretty much always held that it violates their copyrights to create back-ups of the media they sell, or to transfer those media to other formats for use (such as ripping DVD’s to store and watch on your computer). But software, which doesn’t always work but still exists, to crack the copyright protection on DVD’s continues to be distributed via the internet. An exception to this are CD’s, which iTunes even has a built-in feature for importing, because there are usually no copy protections installed on them. (One notable exception: Sony BMG got in a lot of trouble several years back for installing computer-damaging root kits on some of their CDs that caused problems for users who inserted those discs into their Windows computers. They ended up as the subject of a recall, several class action lawsuits and state & federal sanctions.)

The creation and maintenance of closed operating platforms (where a company uses copyright protections and proprietary technology on equipment or systems to control how purchasers may use them) is also a highly controversial issue to many. Apple is (in)famous for doing this with the iPhone to control what applications users may run on their phone. The phone’s lockdown has resulted in a practice called “jailbreaking” where some users hack the phone so that they can install applications other than the officially approved ones sold in the iTunes App Store. The result has been a running battle between Apple and the jailbreakers, where the iPhone is repeatedly secured with a new operating system update, and then hacked again by jailbreakers. The same battle has already started over Apple’s brand new iPad device. (This differs from devices like a personal computer, which is designed as an open system designed to have any compatible software you can get your hands on – or even write yourself – installed on it.)

Provo Craft has in essence created a closed operating system for the Cricut with the secure proprietary software that runs the machines. Only their cartridges can be used in the machines, and only their Design Studio software or Gypsy can be used to access the machines for cutting. Companies like Apple say that a closed system provides a better user experience by eliminating outside errors being brought into a system. Many users agree and like the natural simplicity of a closed system.

So why does Make The Cut (and iPhone jailbreaking) exist? Because some users feel that once they buy something they should have the right to do with it whatever they want. A certain segment of consumers sees the purchase of an item as absolute. It’s a black-and-white philosophy: “I own it, so I should be able to do what I want with it.” These users chafe under limitations of a closed system.

These issues may be new to the scrapbook industry, but they certainly aren’t new to technology. As technology invades the scrapbook industry more, we will see more and more of them.

Want to stay up-to-date on all the latest scrapbook news?

Subscribe to Scrapbook Update in a Reader
-Or-
Subscribe to Scrapbook Update on the Kindle

Also, don’t forget to subscribe to Scrapbook Update’s newsletter mailing list to receive breaking news alerts and a weekly newsletter with exclusive content!


www.DickBlick.com

Provo Craft Sues Make The Cut

Cricut manufacturer Provo Craft filed suit in U.S. District Court on April 1st against software manufacturer Make The Cut, which makes software that allows for cutting with Cricut machines without using cartridges.

Make The Cut is a Wisconsin-based company that is owned by Andrew Heinlein. It was organized as an LLC in early December 2009. An active community of users has grown around their software in a short period of time, sharing and trading cut files to use with the software on Cricut machines. The software is also, according to notes in recent updates, compatible with other machines such as the Silhouette, Craft Robo and Wishblade, although most users appear to be Cricut owners.

Provo Craft alleges multiple violations have been committed against them by Make The Cut. The suit alleges that Make The Cut:

  • Circumvented the copyright protection on the Cricut Design Studio software
  • Sells to others the ability to illegally circumvent copyright protection on Cricut Design Studio software
  • Encourages others to illegally circumvent copyright protection and assists with the infringement
  • Violates the copyright on Cricut Design Studio software and Cricut’s design cartridges
  • Violates and dilutes the Cricut trademarks by using them in advertising for Make The Cut products

No specific dollar amount is provided for requested damages, but Provo Craft is seeking damages under applicable laws for the violations, as well as court orders directing Make The Cut to stop further infringement. Make The Cut will have 21 days to file a response to the lawsuit with the court after they are officially served notification of the suit. Court filings currently have no record of a date of service.

Scrapbook Update has requested comment on this matter from representatives for both Provo Craft and Make The Cut. No response had been received as of the time of publication. Scrapbook Update will publish updates on this story as they become available.

Want to stay up-to-date on all the latest scrapbook news?

Subscribe to Scrapbook Update in a Reader
-Or-
Subscribe to Scrapbook Update on the Kindle

Also, don’t forget to subscribe to Scrapbook Update’s new newsletter for breaking news alerts and other updates!

UR2 Cre8ive: 68 playful ways to unleash your creativity