[sdiy] Legal issues of cloning

[David G Dixon]

Gawd, I love this topic...

As with most moral/ethical dilemmas, a satisfactory answer can be found in
the Golden Rule (Jesus) and/or the Categorical Imperative (Immanuel Kant).

If you designed a circuit and were trying to make money off it, would you
like it if some upstart copied it and started selling it without your
involvement?  Obviously not.  Therefore, it's wrong.  Don't do it.

If you designed a circuit many years ago but had stopped trying to make
money off it, would you care if some upstart etc?  Probably not, but you'd
probably appreciate being asked.  Therefore, ask first.

If you designed a circuit many years ago and are now dead, would you care,
etc?  Obviously not.  Therefore, copy away.

To address the specific questions posed:
 
> 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:

I don't have any legal opinions, as I'm not a lawyer, but...

> 1 - to use the same PCB layout

If you found it somewhere, and it doesn't have a little encircled "c" on it,
and you know the creator doesn't care, then go for it.  If there is even a
chance that the creator cares, then ask him or her first or leave it alone.

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

See my answer to 1.

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

Parts are OK, I think (within reason).  Otherwise, the field of electronics
could never advance.  Still, if it's the novel part of a novel design, it
doesn't hurt to ask.

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

At that point, the creator had better be making a royalty.

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

See my answer to 1.

> 4a - to sell the result as a finished product

If you don't sell it, then all this is moot: Do what you want.

> 4b - to sell it as a kit for the buyer to build, including all parts

That's still selling it.  See my answer to 1.

> 4c - to sell it as a kit for the buyer to build, NOT 
> including most electronic components

Doesn't matter, that's still selling it.  The creator has no claim on a
bunch of resistors and ICs.

> 5a - to include the original product name in the new product name

If the name is trademarked, then you had better ask permission.  I think
this is generally bad practice, though, because it smells like fraud.

> 5b - to HINT at the original product name in the new product name

I've done this in a cheeky way (the Korgasmatron) and I didn't feel any
qualms about it, since the circuit was original, nobody is going to get the
Korgasmatron confused with a Korg product, we didn't use the logo, and the
name was just too inspired not to use.  If Korg even knows, they don't seem
to care (and why should they?).

> 5c - to mention the original product name when describing and 
> selling the product

I don't see a problem with that, as long as no endorsement is implied.