[sdiy] Legal issues of cloning

[roglok]

> 1 - to use the same PCB layout

copyright infringement

> 2a - to use the same (unpatented) circuit construction

no legal issues

> 2b - to use PARTS OF the same (unpatented) circuit construction,
> together with own work

no legal issues

> 3a - to use the same panel print & exterior design

copyright (and potentially trademark) infringement

> 3b - to use the same STYLE of panel print & exterior design

define STYLE closer - otherwise it's a moot point

> 4a - to sell the result as a finished product
> 
> 4b - to sell it as a kit for the buyer to build, including all parts
> 
> 4c - to sell it as a kit for the buyer to build, NOT including most
> electronic components
 
not sure what you are trying to get at... it's still about the same question: 
does the "result" infringe on copyright/trademarks/patents or not?
if not, no legal problems. if yes, you can get into trouble.

> 5a - to include the original product name in the new product name
> 
> 5b - to HINT at the original product name in the new product name
> 
> 5c - to mention the original product name when describing and selling
> the product

a product name can not be copyrighted, but trademarked. 
if the trademark is still active, you could potentially get sued...

i think what's confusing you are the following distinct IP rights/laws:

- copyright http://en.wikipedia.org/wiki/Copyright
- trademark http://en.wikipedia.org/wiki/Trademark
- patent http://en.wikipedia.org/wiki/Patent

skimming through these articles should make things a bit clearer...

cheers
roglok




On 17.10.2013, at 22:24, Mattias Rickardsson wrote:

> Sorry for a late reply - this thread is interesting but I'm not sure
> if everything is that much clearer. ;-) Tom wrote "Schematics can be
> copyrighted. You can't copy someone else's copyrighted schematic. Draw
> your own." and it makes me wonder what we mean with all the words...
> The schematic is not what is cloned and sold, so... And what if I draw
> my own? That is, draw my own schematic [picture] of the same circuit
> construction, and then build it and sell it? Or perhaps it referred to
> the PCB layout? Or the circuit construction?
> 
> I can come to think of some different aspects of all this
> cloning/copying/reusing/inspirational work, and some different degrees
> of reusing stuff. To get things straight, what is your legal viewpoint
> of the following acts:
> 
> 
> 1 - to use the same PCB layout
> 
> 
> 2a - to use the same (unpatented) circuit construction
> 
> 2b - to use PARTS OF the same (unpatented) circuit construction,
> together with own work
> 
> 
> 3a - to use the same panel print & exterior design
> 
> 3b - to use the same STYLE of panel print & exterior design
> 
> 
> 4a - to sell the result as a finished product
> 
> 4b - to sell it as a kit for the buyer to build, including all parts
> 
> 4c - to sell it as a kit for the buyer to build, NOT including most
> electronic components
> 
> 
> 5a - to include the original product name in the new product name
> 
> 5b - to HINT at the original product name in the new product name
> 
> 5c - to mention the original product name when describing and selling
> the product
> 
> 
> /mr
> 
> 
> On 6 October 2013 17:58, David G Dixon <dixon at mail.ubc.ca> wrote:
>> There are no legal issues of cloning, unless a) you use trademarked or
>> copyrighted materials in your design (like putting the company logo on the
>> panel) or b) there are elements under patent protection (unlikely, given
>> that patents are only good for 17 to 20 years from the priority date, which
>> will be long past for all this stuff).
>> 
>> Opposing viewpoints welcome!
>> 
>>> -----Original Message-----
>>> From: synth-diy-bounces at dropmix.xs4all.nl
>>> [mailto:synth-diy-bounces at dropmix.xs4all.nl] On Behalf Of GGG
>>> Sent: Sunday, October 06, 2013 12:38 AM
>>> To: synth-diy at dropmix.xs4all.nl
>>> Subject: [sdiy] Legal issues of cloning
>>> 
>>> Dear collegues,
>>>      There are lot of classical synth clones arround,
>>> available as DIY kits - I've built TR909, Polivoks VCF, CS-80
>>> VCF, there are active discussions on ARP 2600 clone KIT,
>>> about to be on sale.
>>>      I wonder, what are the legal issues of cloning synths?
>>> What's a procedure of getting permission (I doubt, it's easy
>>> to get a permissoin from producers , like Korg or Yamaha,
>>> just because of hudge scale of companies and beurocracy and
>>> Polivoks is dead end at all). If a developer of the clone
>>> adds some sigificant upgrades to the original schematics - is
>>> this still considered as a direct clone, or what's a degree
>>> of upgrades, one should add?
>>> 
>>> Best regards,
>>> 
>>> Girts
>>> 
>>> _______________________________________________
>>> Synth-diy mailing list
>>> Synth-diy at dropmix.xs4all.nl
>>> http://dropmix.xs4all.nl/mailman/listinfo/synth-diy
>> 
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