Yet Another Twist To The Cricut/cricut Cake Story...

Decorating By PinkZiab Updated 4 May 2010 , 12:13am by Bugaboo_Bakery

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DebbyJG Posted 15 Apr 2010 , 1:34am
post #61 of 205
Quote:
Originally Posted by dreamacres

geeh wiz, sure hope Wilton isn't getting wind of this. Will we have to pay a fee for using their pans?? icon_sad.gif




Yeah, I can see it now. On a package of nested round cookie cutters: "This product licensed for home use only.

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cakerygirl Posted 15 Apr 2010 , 1:37am
post #62 of 205

I am going to do the same. icon_smile.gif I am just going to return the cartridges.

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SpecialtyCakesbyKelli Posted 15 Apr 2010 , 1:39am
post #63 of 205
Quote:
Originally Posted by DebbyJG

Quote:
Originally Posted by Occther

Doesn't anyone on here have a patent/licensing attorney in their family? How legal is it to add an additional fee to something that has already been marketed and sold to professionals for their use? ...



M\\y husband is an attorney so I asked him about this when he got home tonight. He is not a patent attorney, so he can't say for certain, but he told me he thinks that they really can't license shapes. Characters, yes, but shapes, likely not. He's going to ask a patent attorney friend about it.

I think there is good reason why the licensing information is still listed with no details. I doubt PC even has it worked out yet.



Oh Debby, thanks for asking your husband. I'm very interested in hearing what his friend has to say... that's my point exaclty, how can you copyright a shape that has been used for years?

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ptanyer Posted 15 Apr 2010 , 1:57am
post #64 of 205

I am sssooooooo not buying the cake cricut now. How can you trust a company that markets a product specifically for an industry and lets it be released and then say, after the fact, oh, by the way you can't sell the item you decorated using our product. What a bunch of garbage icon_eek.gificon_confused.gificon_mad.gif

I feel sorry for all the cake decorators who don't know about CC and may not know about all this legal mumbo jumbo. Personally, I think Provocraft just cut their own throat on this one. I'm sure that they were set to make millions on this product and it will be interesting to see how many of the orders on HSN get canceled because of this. Just in this forum there have been several cancellations or the cake cricut and the cartridges.

Just my opinion.

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CoutureCakeCreations Posted 15 Apr 2010 , 1:58am
post #65 of 205

I am watching hsn now and they are not telling people to sell the cakes anymore. isnt that funny?

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cakerygirl Posted 15 Apr 2010 , 2:04am
post #66 of 205

well, well, well!

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ptanyer Posted 15 Apr 2010 , 2:08am
post #67 of 205

I'm watching HSN now as well. Did you just see the mess up on the cutting? As it was cutting someone was smoothing the cutouts down with their fingers and then when it got back to the top and started moving left the gumpaste product came up!

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Occther Posted 15 Apr 2010 , 2:15am
post #68 of 205

I caught that. They continue to talk about selling cakes!!! WOW - are they misleading people!! They should qualify their statements with "check with your local health department before selling cakes from your home." In Ohio, you can have home bakery - with lots of restrictions!! Oh and yea - Carrie Biggers is on there - and she is a professional cake decorator (and a great person.)

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lisamenz Posted 15 Apr 2010 , 2:17am
post #69 of 205

Wouldn't surprise me if they change this . They will lose alot of big money because of this, plus they have sold , including to me, without informing the buyer of this, so they are liable, not the consumer. They have already sold thousands of these. So I think this is very interesting situation. icon_surprised.gif

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ptanyer Posted 15 Apr 2010 , 2:21am
post #70 of 205

Did you see how thick their gumpaste/fondant (whatever it is) is?

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CakeMommyTX Posted 15 Apr 2010 , 2:38am
post #71 of 205

I don't think they will lose too much biz unless the fee is outrageous.
But if it's only 30$ or so a cartridge and then you can use that cartridge as much as you want then people will pay that, especially businesses, it's just part of running a biz.

I won't pay it because I can find the same image or close to it online and cut it for free ,no buying cartridges or paying fees.

But I still don't see how they can copyright a heart or square, that's a bit much.

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casebit Posted 15 Apr 2010 , 2:51am
post #72 of 205

I just called HSN customer service and was told point blank by the rep I spoke with in response to my question; do you have any info on the license needed to use this product for a business? after a brief stint on hold, No, you do not have to have a license. I then said, the cricut site says a separate license is required for each cartridge to use in a business. Then she said she had no information on that.

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melamel Posted 15 Apr 2010 , 3:25am
post #73 of 205
Quote:
Originally Posted by DebbyJG

Quote:
Originally Posted by dreamacres

geeh wiz, sure hope Wilton isn't getting wind of this. Will we have to pay a fee for using their pans?? icon_sad.gif



Yeah, I can see it now. On a package of nested round cookie cutters: "This product licensed for home use only.




I can't stop laughing at this icon_biggrin.gificon_biggrin.gificon_biggrin.gif
Still, I hope it NEVER comes down to that.

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Evoir Posted 15 Apr 2010 , 3:28am
post #74 of 205

Perhaps HSN doesn't know about this yet? In that case HSN is being misled too (and will look bad!)

If the company is this greedy for $$$, how are y'all going to get satisfactory repair/customer service if something goes wrong with it? They sre sounding a bit dodgy at this juncture.

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MrsNancyB1 Posted 15 Apr 2010 , 3:35am
post #75 of 205

Yep, I think this pretty much solidifies my decision NOT to buy any cricut cartridges ever. I'm still debating between MTC and SCAL. I'm also glad I'm not the slightest bit tempted to buy the Cricut Cake. I have my personal Cricut that I got for $70 on Black Friday, and I'm very happy with it.

Seems like Cricut is just exploiting cakers. Not cool.

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momtofourmonkeys Posted 15 Apr 2010 , 3:35am
post #76 of 205

I taped it so I could watch it tonight. I laughed at the final 5 min. or so countdown on the clock. The lady picked up a frosted cookie and then pointed to a cookie bouquet and said something to the effect of "Look what they become just because you have a cricut". Haha.. as if the cricut will magically insert the stick and add the extra frosting accents over the cut-outs. No mention of the fact that the sticks aren't in the store bought cookies or that if you go to insert a stick, the cookie would break apart. Only that you can "do this yourself with store bought premade cookies". Then she pointed to a plain white cake and said "This is a $5 cake from the grocery store and look what it became." Okay, grocery stores are cheap, but $5. Even they aren't that cheap!

After watching them try to sell the Cricut, I have to say I don't trust the HSN or should I say the individuals hired to sell the product. How many other things do they lie or manipulate information about in order to sell products. They have to know that the prices they are quoting for unfinished cakes are unreal so that makes me wonder just how much they do know is and isn't true about the process. Likely they don't know exactly how much is involved in the baking and icing process, but I would be willing to bet they do know more than they are letting on (even if it is just a little more.)

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dolittle Posted 15 Apr 2010 , 3:42am
post #77 of 205

Does MTC and SCAL work with the Cake Cricut too?

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ATCakes Posted 15 Apr 2010 , 3:48am
post #78 of 205

I was so surprise that with Carrie Biggars there that the PC rep an the hostess were going on and on about how easy and cheap it will be for you to do your own cakes. They sounded like snake oil salesman!!! Also, I didn't like the way PC treated Linda McClure. That was out and out piracy!!

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mikimouse Posted 15 Apr 2010 , 3:51am
post #79 of 205

I was just watching my DVR'ed HSN show on the cricut, I was serious considering buying it and then they got to the part about selling cakes and I quickly became annoyed...wanted to yell to all those innocent scapbooking moms to be carefully. I had visions of "mom" getting herself in major trouble with the health department with her cool little cricut cake... so I jumped over to here to see what was being said.

Clearly the company hasn't thought this through. I'm pretty sure basic images and fonts can't be copy-righted as they are in the public domain (things that have been around for a long time or are wide spread can not be copyrighted..for example a song like Row row row your boat or a shape like a Diamond). New images created by the company however can be copyrighted. The problem is that they have mixed public domain items with potentially copyrighted items on the cartridge. This could be a problem for them because how do you separate it legally?

There also "intended use" that comes into play. Thats how Wilton can sell disney images for home use as they make this clear to the comsumer at the time of purchase. In other types of law, such as contract law, if there is no statement regarding use, the contractor can infer how a product or service made from the item is used. I do not know if patent law is different.

The company also has another legal issue with precedence as they have had the expression for a longtime which was marketed for making cards etc and not pursued copy rights on created items. Some of these designs are included on these cake cartridges. Presendence for use has been set. They also marketed that it can be use for professional use (and I have it recorded!)

I'm not a lawyer so I'm curious with what a real lawyer would say. I am familiar with contract law so if the legal principles are the same (which I don't know) the company may have difficulty enforcing this.

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ATCakes Posted 15 Apr 2010 , 4:01am
post #80 of 205

All I have to say is what do you expect from a company that pirated all of this from a cake artist who was willing to work with them in developing a system and then gets slapped in the face!!

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SpecialtyCakesbyKelli Posted 15 Apr 2010 , 4:21am
post #81 of 205
Quote:
Originally Posted by ATCakes

All I have to say is what do you expect from a company that pirated all of this from a cake artist who was willing to work with them in developing a system and then gets slapped in the face!!



Thumbs up to you thumbs_up.gif You said it all in one sentence! They took the ideas of the creative people who used cricut for cakes and are now slapping those same people in the face!
Shame on Cricut! Without those people, they would have never thought about making a cricut cake!

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icer101 Posted 15 Apr 2010 , 4:44am
post #82 of 205

i have never heard of this method , until LINDA MCCLURE . it is ashame that all this is happening. i was going to order cake cricut. but i will now wait and keep up with this thread.

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kathik Posted 15 Apr 2010 , 4:58am
post #83 of 205

I'm a little lost. Could someone tell me what they did to Linda McClure? I'd like to know a full picture of the ethics of this company (although I don't think much of what I've read so far).

Thanks,
Kathi

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cupcake_cutie Posted 15 Apr 2010 , 5:15am
post #84 of 205
Quote:
Originally Posted by kathik

I'm a little lost. Could someone tell me what they did to Linda McClure? I'd like to know a full picture of the ethics of this company (although I don't think much of what I've read so far).

Thanks,
Kathi


Here's Linda McClure's side. She explains it on her site.
http://www.deseretdesigns.com/rich_text_1.html

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cupcake_cutie Posted 15 Apr 2010 , 5:17am
post #85 of 205

they blocked it from CC. Google it.

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mommyle Posted 15 Apr 2010 , 5:45am
post #86 of 205

Dear Children,
I feel that I must ask you to cease and desist from making profit of any kind on any baked good that you have so delishisly and spectacularly created. You see, you have just sort of thrown together different parts and bits of what I have created, and you are making a profit, and not giving me my cut.
Also, since YOU did not create the earth, you are, in fact, not really a "scratch" baker. Please stop refering to yourself as such.
Your loving creator of EVERYTHING!!!!!
God (or whoever is your higher power).

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Evoir Posted 15 Apr 2010 , 5:53am
post #87 of 205

Oh. My. Goodness.

I had not read all that before...that is just UNETHICAL and unconscionable behaviour by Provo Craft.

I hope to God Linda gets her Patent approved, she deserves it 100%. If she does get a patent I hope she goes for the jugular and gets every penny owing to her from Provo Craft STEALING her techniques and ideas and making money off it.

I have been interested in the ongoing discussions about the Cricut machines over the last few months, wondering whether I should buy one. Now Provo Craft are not going to get one red cent out of me.

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trf0ster Posted 15 Apr 2010 , 6:05am
post #88 of 205
Quote:
Originally Posted by dolittle

Does MTC and SCAL work with the Cake Cricut too?




SCAL does work with Cricut, but I'm not sure about MTC.

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SpecialtyCakesbyKelli Posted 15 Apr 2010 , 6:14am
post #89 of 205

Wow, I had no idea all of this was going on. Wish I had known before, I wouldn't have given Cricut any of my money! Dishonest company!

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Evoir Posted 15 Apr 2010 , 6:26am
post #90 of 205

You know, I have some spare time today, sitting in hospital. Thought I'd browse throught he forums on the Cricut site - they have a section devoted to the Cricut Cake. I was LOL'ing at these scrapbookers who were watching the product launch on HSN and were so excited they bought the new Cricut Cake machine!! They're all saying how they have no idea what they'll use it for, or how it works or if its 'just fondantx and icing' it cuts for cakes.

Can you imagine having so much spare money lying around you'd buy an additional Cricut for a hobby or profession you do not already have?

I guess they're happy with their Expressions, LOL...there have been some threads deleted by the moderators - including a link to the eBay site which was selling a $6 booklet on basically how to use your old cricut to make cake decorations!

And at the time of the last few posts they had sold several thousand of the new machines! I guess they'll be raking it in after the successful launch. It still makes me nauseous to think of the company's behaviour.

Credit where its due!!

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