SergeModular

"C. Whitten" wrote:

My opinion and it is only my opinion!.....is that I would be surprised if
ModCan has stolen any substantial business from STS. In addition the market
for both systems has got to be so small, what in cash terms would be
achieved if Rex sued? It would probably cost him more than anything he would
recoup.
When this thread kicked off I thought Smoggers would have been saying
"great, another banana based system with alternative modules and you can buy
modules separately". I'm surprised that the overall tone so far has been
"lets get the lawyers in".
CW

lawyers getting into banana based systems: now THATS a problem!

;^)

some of you from the analog heaven list know that i've been known as "the analog attorney"
and have helped lots of folks on that list with shipping probs, buying/selling, etc. IOW, yes,
i'm an attorney: licenced by the state, i go to court, i have an office, etc. i am also a musician and obviously
a Serge owner and enthusiast, and your list moderator.

i have enjoyed this thread to the extent that its giving laypersons (i.e. everyone who isn't a doctor, lawyer,
or indian cheif) a chance to voice their opinions about the issue at hand: modcan's
apparent appropriation of serge designs and the legal ramifications thereof. we can discuss all we want
regarding what "should" be done; what i'm interested in is whether anyone can confirm any allegations that
modcan is using serge *circuit* designs for their modules (we've already determined that they are
using the fascia, with some interesting discussion here whether there is much "choice" in panel design in the first
place. i maintain there is, and that modcan flat out copied serge). at least one listmember who has access to modcan
gear won't "get involved" and thats fine; if anyone else is interested in this issue and who has access to
modcan gear, contact me privately, please. i would assume that the panel graphics, knob placement, switch locations,
jack point, etc., exist where there exist because of, primary, UI concerns, and secondarily, felicitious alignment with
the pcb and its design.

at this point, no one is suing anyone, and no one is contemplating legal action. but keep in mind that this
type of issue isn't necessary about money: its about integrity, honesty, respect, and art. by framing the issue
as chris has, above, (in terms of money/financial reward/costs of litigation) the deeply human/creative aspects of
this strange little industry is lost and its uniqueness is compromised. this isn't wall street, yet. its more like a medieval
guild of instrument makers, who have generalized, common methods of construction defined by tradition and simple
physics, who then inject enough skill and talent into those pre existing parameters and thereby define their own
readily identifiable trademarks and features. breakdown of that guild would come, i assume, when the individual
marks of their creators are no longer respected and blurred by those whose art hasn't yet matured, and who is apparently
in pursuit of either financial income not commensurate with talent, or leisure.

then, we get to wall street.

thanks for your time,

matt wilson

--
matt wilson is OdysseySounds
email: sebsi23@...
web: http://members.home.net/odysseysounds/index.htm
music: http://artists.mp3s.com/artists/242/matthew_b_wilson.html