[sdiy] cloning, copying, copyrights
cheater cheater
cheater00 at gmail.com
Tue Jul 29 15:19:06 CEST 2008
Ah yes, but aren't we talking about redrawn schematics?
After a redraw, the PCB has no riders on it, so you can sell it freely...
you're also not selling a circuit...
and not infringing in any trademark patents (since you're only selling
a pcb, and not a case)
Abstracting from that, I understood that if you want to copy a
patented circuit for personal use you could do so at your own
discretion? Can you confirm or deny that? Which part of the US law or
the German law would treat on this?
We're unfortunately stepping on weird ground, which changes from
country to country...
Is the EU regulating this? Does the EU say you can or can't copy
copyrighted circuits for personal use?
Cheers
On Tue, Jul 29, 2008 at 2:12 PM, Florian Anwander
<Florian.Anwander at consol.de> wrote:
> Hi Cheater
>
>> even if the circuit is patented, a pcb that isn't stuffed is not that
>> circuit. It's merely a collection of conductors. So you're free to
>> sell it, and actually sell a whole kit, to other people.
>> Now whether people are free to put it together?
>> I might be wrong, because I'm not a lawyer, but I believe that any
>> patents still do allow personal use.
>
> Lets say: if you were a lawyer, how would you talk about analogue synths?
> ;-)
>
> cloning a circuit for your own use if you own the original will not be
> accusable. But cloning a pcb which is patent pending and sell this pcb, is
> definitely liable to prosecution.
>
>
>> So, even if you're a wholesale entity, and you're making the pcb/kit,
>> that's perfectly legal... and as long as the person who buys the kit
>> isn't building it for profit, but for personal use, that's perfect. I
>> think this even includes selling it on via ebay/craigslist once you're
>> bored with it (why shouldn't you be able to sell your own property?)
>
> NO that is definitley wrong. It is the person who sells the pcb who has the
> commercial profit (no matter whether there is a real profit or not). The
> word "sell" includes the word "profit" ;-)
>
> And the patent is intended to assure its owner that he can participate all
> profits which are made with the content of his patent.
>
> Florian
>
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