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Make the Cut vs. the mighty Provo Craft

Documents filed in US District court on Wednesday, March 9, 2011 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 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.

What a shame.  A shame that a huge company like Provo Craft can out lawyer and out finance the competition.
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