What would you do?

[Steve Ashton]

X Marks is today the largest and most active on-line community dedicated to the kilt.
As you can imagine, I am approached on a weekly basis by companies wishing to advertise here.

I have always tried to hold true to Hank’s original idea of a forum where the kilt was the only focus. All the advertisers here are makers or sellers of kilts and kilt related products. There are no Google ads, and no flashing random ads for new cars or cellphones.

X Marks is also unique in that there is a personal two-way communication between the advertisers and the membership. Each advertiser has their own forum section where they may post news and announce sales. Each member may ask questions of the advertiser directly and may post comments about the products and service.

Over the years this forum has built a reputation. We are known all over the world for the polite and respectful way our members treat each other. We have also built a reputation that those companies who advertise here have a history of treating their customers with the same level of honesty and respect.
Our members have come to personally know and trust the advertisers here.

This level of honest business practices, among those who advertise here, is one of our greatest strengths. I even had an idea a few years ago of instituting an “X Marks Seal of Good Business Ethics”. Think of “The Good Housekeeping Seal of Approval” for kilts.

This brings me to the reason for this post.

I would like to present to the membership a few questions. I would like to ask you for your thoughts and comments.

Over the years there have been many instances where our members would post warnings about companies who have taken photos they find on the web and are using them on their own website and in their advertisements. In some cases these photo are of another companies products and may not be the actual products produced or sold by the advertiser.

We all know that some fabric weaving companies publish photos specifically for use by companies who use their fabrics. Lochcarron is probably the most famous for allowing companies, who make kilts with their fabrics, to use their photos.

But what about cases where a company does not have permission to use the photos from another company? If an advertiser here were using photos from someone else, and it could be proven that no permission was granted, would you feel confidant dealing with that company?
Would you want a company who uses photos without permission to be able to advertise here?

How about copyrights and patents? As you may or may not know copyrights and patents are effective only in the countries where they are filed. It may not be against the law to copy a design of another company, with a UK copyright, if you are not operating in the UK.
We have all seen the Utilikilt knock-offs that are sold all over the world. The Utilikilt Company holds a US Patent on their design. Would you feel confidant buying a Utilikilt knock-off from a company operating in a country not covered by that patent?
Would you buy products from such a company and would you want such companies to be able to advertise here?


I know and understand that these questions are of an ethical nature. Business practices vary in different countries. In some countries it is not only completely legal, it is expected, that one company will produce virtually identical products of another company if they are finding that it will sell.

A company doing so is not breaking any laws. This makes my questions a matter of ethics.

So, my final questions are to you, the members of X Marks.
Would the membership here hold those who advertise here to a higher ethical standard?

Would you want a company who makes or resells in one country, products that are under copyright or patent in another country, to be able to advertise on X Marks?

Would you buy those products if the price were lower than from the copyright holder?

To you, the members of X Marks, is price the overriding factor or do you hold yourselves, and by default this forum, to an ethical, over legal, standard?