marketing a patented tuning Was OnlyPure

Bernhard Stopper b98tu@t-online.de
Mon, 18 Apr 2005 06:30:41 +0100


David,

I work on a response to Israel´s constructive post (free of sarcasm, thank 
you). But it takes some time since he said much,  i have to do 5 Onlypure´s 
today at first.
So be patient one or two days.

regards,

Bernhard

----- Original Message ----- 
From: "David Ilvedson" <ilvey@sbcglobal.net>
To: <pianotech@ptg.org>
Sent: Monday, April 18, 2005 3:33 AM
Subject: Re: marketing a patented tuning Was OnlyPure


> 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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