marketing a patented tuning Was OnlyPure

David Ilvedson ilvey@sbcglobal.net
Sun, 17 Apr 2005 19:33:21 -0700


I'm waiting for Bernard's response to Israel's post....?

David I.

$400 for a license?   



----- Original message ----------------------------------------
From: Israel Stein <custos3@comcast.net>
To: <pianotech@ptg.org>
Received: Sun, 17 Apr 2005 09:50:25 -0700
Subject: Re: marketing a patented tuning Was OnlyPure


>At 12:53 AM 4/17/2005, "William R. Monroe" <pianotech@a440piano.net> wrote:


>>I think Alan hit this on the head by saying that this new improved tuning,
>>as it were, is quite likely not so improved over the way the rest of the
>>world tunes (and perhaps not so original, as others have alluded).
>>
>>Think for a moment, how many clients, (performers or otherwise) know their
>>instrument is out of tune.  Consider now, how many of those can tell the
>>difference from one temperament to the next.  Consider now, those who can
>>discern if some of your thirds are not quite right.  Consider now, how many
>>can tell if Bernhard Stopper tunes their piano, or anyone else in the world.
>>Consider now, how many of these who say they can tell the difference at any
>>of these levels really can.

>Bernard's delusions do not end here. I ran his scheme and his financial 
>numbers past a marketing executive. After she finished laughing, she said 
>that his  financials do not add up to a small fraction of what it would 
>take to promote a brand name to retail clients on a worldwide scale - or, 
>for that matter, even in a limited territory. The willingness to pay a 
>premium price for a service is mostly dependent on name recognition - and 
>there is no way that this scheme can supply that kind of name recognition 
>without pouring millions of dollars into a visibility campaign in advance 
>of rollout. But then, perhaps, Bernard has Bill Gates bankrolling his 
>scheme...  :-)

>His projected revenue also will not be sufficient to legally protect any 
>patent infringement - especially on an international scale - and the 
>projected revenue increase from a possible $10 premium on the price of a 
>tuning will not yield sufficient revenue for his licensees to undertake 
>legal action on their own to protect their license. (Larger premiums are 
>impractical). There just isn't enough revenue here to motivate an attorney 
>to work on a contingency basis, so any legal costs for protecting this 
>license would have to be paid up front. So, a license that cannot be 
>protected legally is essentially worthless. Caveat emptor, folks - Bernard 
>has no legal obligations towards his licensees if the promised additional 
>income does not materialize or if unlicensed imitators steal your 
>clients... General Motors would not have any dealers if it could not 
>legally protect its trademarks and brand names - but it has the resources 
>to do so. Bernard will not have the resources to protect his licensees...

>Then again, is Bernard vetting his licensees or training them in basic 
>tuning methodology? Or is he just offering to sell the license to all 
>comers? Because the most wonderful tuning system, in the hands of a poorly 
>trained practitioner, will still yield imprecise temperaments and 
>intervals, poor unisons and unstable tunings. Since the most likely initial 
>buyers of Bernard's license are likely to be tuners who are desperately 
>looking for gimmicks to help with building clientele - that is, beginners 
>or poorly trained tuners - his system is just as likely to develop the 
>reputation as a gimmick used by charlatans to pry more money out of people 
>for no good reason. So, if anyone pays attention to this system at all on 
>the retail level, it is just as likely to be negative - as a gimmick for 
>incompetent tuners to impress rubes...

>I certainly don't see where concert venues and promoters are going to drop 
>their relationships with their current technicians and go hiring some 
>unknown (at a premium rate, no less)  just because he or she can flash a 
>license for a gimmicky-sounding tuning scheme. And as far as artists - 
>well, Bernard, when you have 100 artists make your tuning system a 
>condition in their performer's contract, who have the kind of clout that 
>can motivate a concert hall or promotion organization to fire their 
>technician in favor of your licensee let us know, we might take you 
>half-way seriously.

>So it seems that anyone who sends Bernard $400 up front for his license (if 
>a patent ever happens) would be buying a pig in a poke - a license of 
>questionable utility that cannot yield sufficient revenue even for adequate 
>legal protection of the license itself. If you find yourself in need of 
>cash, Bernard, I suggest you sell your licensee list (when you have one) to 
>some marketing outfit that sells bridges in Brooklyn, real-estate in 
>Florida and investment opportunities on the Internet for a share of their 
>profit - you might do quite well...

>By the way. Don't hold your breath to be invited to demonstrate your 
>"method" at any PTG convention. Since you are promoting a commercial 
>product for sale, you would have to pay for a booth and - of course - pay 
>your own expenses. If you do that, you could be given an opportunity to 
>teach a "sponsored" class - along with the other manufacturers and 
>distributors of products and services who have been exhibiting at the PTG 
>conventions for years and years. Only those who are willing to share their 
>knowledge and experience with no strings attached are sometimes subsidized 
>by the PTG when they teach and demonstrate their knowledge. This open 
>sharing of knowledge for the good of the entire profession is one of the 
>basic tenets of this organization, and so perhaps it is time to think about 
>a legal effort on the part of the PTG to oppose your patent application... 
>We do have a lawyer, you know, and it appears that in the opinion of quite 
>a few PTG members your licensing scheme is not in the best interest of the 
>profession...

>Israel Stein




>>Seriously - and no, Bernhard, we are not joking around hear to allay fears -
>>the number of clients in the world, let alone in my area, that could
>>possibly tell the difference, is so absurdly small (nonexistent here), as to
>>be laughable.  The end result of your trying to patent this method is to
>>alienate many in the industry by your pretensions.  And for what.  I say
>>again, people who cannot differentiate on this level sure as hell aren't
>>going to pay more for that Stopper Tuning.  Those who might pay more, in
>>most cases, are paying for ostentation and tongue fodder, "I have this
>>instrument tuned in the Purely Whatever, it is the best in the world."
>>
>>Even when you can tell, by analyzing intervals etc., see what happens during
>>the performance.  I doubt anyone will hear a thing, except that your unisons
>>are not clean.
>>
>>Just my not so humble opinion.
>>
>>William R. Monroe



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