It def had a 'likeness'. I think it was made for the Manuscript.Originally Posted by Hunchback Jack
It def had a 'likeness'. I think it was made for the Manuscript.
HELP ME FIND
Insomnia #459
ANY S/L #459
I think that the real issue, if I remember correctly, was more that he was claiming that it was his original design / idea (made it custom for a customer). But it looked VERY similar to another oneI don’t think it qualifies as copyright infringement. Copyright doesn’t cover designs, it only covers intellectual property - original works of authorship like literary, dramatic, musical, and artistic works, poetry, novels, movies, songs, computer software, and architecture. You can’t copyright an idea, or the way an object looks.
If the design of an object is innovative, you can submit a design patent, which prevents other people from copying it. If Paul had done that, he could try to stop Gerald from selling those tray cases. However, I think the tray cases are different enough from Paul’s design that it would be difficult to prevent him from selling them.
Of course, if Gerald has been trying to pass the tray cases off as Suntup products, that’s a different story – that would be fraudulent. But just stealing design elements from some of Paul’s work, and using them in his own objects, is, unfortunately, not illegal unless Paul had patented those specific design elements as innovative.
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CLUB STEPHEN KING (french website about STEPHEN KING, since 1992) : on : Facebook | Twitter | Instagram
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That’s why cars mostly look the same.I don’t think it qualifies as copyright infringement. Copyright doesn’t cover designs, it only covers intellectual property - original works of authorship like literary, dramatic, musical, and artistic works, poetry, novels, movies, songs, computer software, and architecture. You can’t copyright an idea, or the way an object looks.
If the design of an object is innovative, you can submit a design patent, which prevents other people from copying it. If Paul had done that, he could try to stop Gerald from selling those tray cases. However, I think the tray cases are different enough from Paul’s design that it would be difficult to prevent him from selling them.
Of course, if Gerald has been trying to pass the tray cases off as Suntup products, that’s a different story – that would be fraudulent. But just stealing design elements from some of Paul’s work, and using them in his own objects, is, unfortunately, not illegal unless Paul had patented those specific design elements as innovative.
Anybody have any news on Gerald Winters and Son?
His Facebook page looks very different.. is his bookstore still open?
“The battle between good and evil is endlessly fascinating because we are participants every day.” - Stephen King
I was in his store last Friday. He has been shut since COVID according to the locals. My wife and I were shopping across the street and I saw him exit the store(the front windows are covered with paper). I ran accross and asked if he could sell me the Hearts in Suspension that he had listed on the website(so I could say I got one of my sigs from Bangor.) He was very polite and obliged.
Wish List:
Any of the following flatsigned or inscribed-
It, Shining, Salem’s Lot, Mr. Mercedes, The Stand
Brother ARC, Seed ARC
After all these years I must say that reading this thread again from the 1st to the last page was really interesting.
Wanted list:
Ubris
I miss the shitstorm caused with post #437, those were the good old days.
(you'da thunk I blasphemed the gods in heavens or wherever) LOL.
“The battle between good and evil is endlessly fascinating because we are participants every day.” - Stephen King
Is the bookstore still in existence?
Closest I could find was a Yelp notice that the store would reopen 3/13/2023
The website ( GERALDWINTERS.COM)seems to be defunct.
The phone number still has a message from GW.
He is selling plants on Amazon as a merchant. Gerald Winters and Son. Poor reviews of 3.6. Why does this not surprise me.
He and his "little man" are also very active on Instagram.
Twitter, too.
“If you don't know what you want," the doorman said, "you end up with a lot you don't.”
― Chuck Palahniuk, Fight Club
Looking for SubPress Lettered::
Angel's Game and Prisoner of Heaven (Zafon)
Ilium (Simmons)
Is he still selling books, whether from the physical location, or via the web?
[QUOTE=Cook;1096213]Sorry folks, just reliving the dreamy days when I was such an "Asshole". LOLFor those that haven't seen this (which webstar1000 originally posted), this is from Gerald's Facebook:
Hey St. Troy.. "Asshole" is back in the house[I]For as long as I could pray that by some miracle, in a hidden corner of the basement, there existed a magical alcove that would protect the seventh, and last, Stephen King manuscript, sadly that was not the case.
Now that the space has been completely cleared and sanitized, ready for the rebuild, there is not one square inch that has yet to be examined. The one manuscript that did not survive was Steve’s 1973 short story “TRUCKS”, which was the basis for his 1986 directorial debut “MAXIMUM OVERDRIVE”.
I was happy that I could count it among my collection of Steve’s works for many years, and if there was any place that I wish it could be laid to rest, it would be in Bangor, where it was created, just before Steve published “CARRIE”.
As a little side-note on the crippling effects of water on paper, I would like to share with you a few things I learned during this ordeal. In a typical suburban home, your water pressure is set to a range between 40 and 60 psi. That’s a comfortable level. If you ever stood under a shower at 80 psi, you would certainly know it, because your skin would start to feel like it was being attacked with hundreds of acupuncture needles. Exceed 100 psi, and your body and appliances would start to understand what high pressure feels like.
When a water main pipe bursts, it exceeds over 200 psi+, and anything in its direct path, will be forever altered. You can cut a 3 foot tree in half with a water spray set to that level. Paper has no chance of surviving. I found hard covers floating, with the glue stripped off the spines. Cardboard boxes in the direct path became mulch, and everything inside became a simple glob, that was indistinguishable from each other.
The archival box that was designed to survive an earthquake was torn open and all its contents floated around a 1200 sq ft swimming pool for seven hours. When the water was finally turned off, I had to wait a day before I could even investigate as I needed electricians to determine it was safe to be down there.
After first finding the lid to the manuscript box, the entire area was photographed extensively to try and locate any papers that could have belonged to it. A total of 5 pages were located a few hours later, but mostly all ink had been stripped off the paper at that stage. A few key words were all that remained to determine it was the first draft and respective screenplay, and that was it.
When the papers were carefully removed to be sent away for possible salvage, I scooped up all the mud, dirt, papers, and anything else that was in the vicinity of the manuscript, for future archival purposes. If I ever thought I would be scooping up sand and mud and storing them in buckets, I would have laughed, but that’s what I did. The manuscript was gone, but the destruction remained.My first thought was to create a new window display in the coming months, to seal the moment for history, and I may still do that. While I was cleaning up the shop, a lovely couple from down South was up visiting Bangor, and asked me could they buy some of the dirt. I was dumbfounded, as I couldn’t understand why someone would buy dirt, but then again, I know some people sell sweat, and even air, so I guess anything is possible.
I couldn’t sell her my dirt because the request was the first I had ever heard, but after I thought about it a bit more, allowing fans of Stephen King a chance to own the dirt that destroyed a manuscript, and even possibly having a part of the manuscript contained within, may be something that people would want. To me it was a sad remnant of a horrible day, but to people around the world, maybe a piece of the Derry Flood of 2018 is something that would appeal to them. Maybe they will feel like they have a connection, even if they have never visited.
So, I am going to be bottling it in a limited number of test tubes, corking it, packaging it with a little story and photo, and selling it for a nominal price in the coming months. That’s right, I moved to Bangor to sell books, but that plan will be augmented with a little piece of Derry manuscript dirt in the near future. While I didn’t want to ask people to send me money when the flood occurred, as I didn’t feel comfortable with that, if you would like to help me out, and have a little souvenir in the process, please buy my dirt.
God Bless.
Gerald
Did you even bother to read what you posted?
It's a great story.. emphasize story here.
Where the hell did this come from: "When a water main pipe bursts, it exceeds over 200 psi+" - this is plain & simple exaggerated horseshit. (Read up on firefighting and why they use pumps) 80-100 is closer to the norm (125 psi is usually considered borderline dangerous)
And again I must have missed part of the story somewhere of the great and all powerful "Derry Flood of 2018". This is genuinely a real question.. Where exactly did this 200+ psi water-main break, was it in the street or was it directly above his 2000 books?
"Cardboard boxes in the direct path became mulch, and everything inside became a simple glob, that was indistinguishable from each other" - This sentence hurts my brain, seriously, it doesn't make sense.
"I couldn’t sell her my dirt because the request was the first I had ever heard" - really, wait.. why again?
"allowing fans of Stephen King a chance to own the dirt that destroyed a manuscript" - Is this sorta like touching the hem of his garment?
"That’s right, I moved to Bangor to sell books, but that plan will be augmented with a little piece of Derry manuscript dirt in the near future" "If you would like to help me out, and have a little souvenir in the process, please buy my dirt"
Maybe for a small donation he'll let you roll around naked in the mud that once held the complete sacred manuscript that king once touched with his hands.. ooh wouldn't that be exciting.
Or wait, maybe you could drink the mud in a sort-of religious ceremony chanting "trucks trucks trucks"
Now I don't know about all of the of white knights here but he had me at "For as long as I could pray" & "miracle" & "magical" & "but to people around the world"
But god bless people...
Oh wait.. I'm still an asshole.
(but St. Troy will always will be my favorite self righteous redeemer)
“The battle between good and evil is endlessly fascinating because we are participants every day.” - Stephen King
Yep, he recently posted about some Doubleday "The Stand" proofs
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CLUB STEPHEN KING (french website about STEPHEN KING, since 1992) : on : Facebook | Twitter | Instagram
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People on Twitter are saying the store is open for walk-in business again.
I had loaned a copy of Second Coming for Gerald to display in his store a few months prior to the flood and definitely puckered when I heard about it. Fortunately there was no damage and he promptly shipped it back after I requested its return.
If he is in fact re-open for business. Let's remind those who may be newer to collecting what a piece of work this lying scumbag is.
I’ll assume he is open, with all the flooding in the northeast going on now.
Newbie here and chanced upon this topic. What an enjoyable treat it was reading through the comments. Surprised that GW didn't market a copy of his own 'Gerald's Game' from all the materials taken here. 😁
The Bangor area is not expected to receive torrential rain/flooding. Winter's shop was purportedly severely flooded twice due to a water main breakage, not from storms/rain.
For whatever reason, he chose to store most of his most valuable collection in the basement...not once, but twice! After the first flood, he proceeded to again store his most valuable collection (what remained undamaged) back in the basement, and a subsequent water main breakage once again flooded the basement.
Most book collectors (not businessmen/women) do their best to not store their valuable books in a basement. The pictures Gerald shared showed a flooded basement with a bunch of water damaged Amazon boxes. I presume if he made an insurance claim that he provided additional documentation as to the damaged items and what he be paid for them. That's between him and the insurance company, but what is public is his claims of utter devastation. These claims resulted in numerous people (including Stephen King himself) helping Gerald out.
If one takes the time to read through the entire thread (although some posts and pics have been deleted), one can make their own determination as to the veracity of Gerald's claims.
Gerald, not Jerad, right?
It seems I'm miles above the surface of the Earth
I can see across the whole of London and beyond
Yes. Thanks. I corrected my misspellings.
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